S.B. 223
- *SB223*
SENATE BILL NO. 223–SENATOR BUCK
FEBRUARY 19, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to crimes. (BDR 15-634)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; increasing the penalties for sex
trafficking a child or facilitating the sex trafficking of a
child; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law makes the offense of sex trafficking a child a category A felony, 1
punishable by imprisonment in the state prison for life with the possibility of 2
parole. The minimum number of years that must be served before becoming 3
eligible for parole and the amount of a fine imposed for such an offense are based 4
upon the age of the child when the offense is committed. For an offense committed 5
against a child who is less than 14 years of age when the offense is committed: (1) 6
eligibility for parole begins when a minimum of 15 years has been served; and (2) 7
the person may be punished by a fine of not more than $20,000. For an offense 8
committed against a child who is at least 14 years of age but less than 16 years of 9
age when the offense is committed: (1) eligibility for parole begins when a 10
minimum of 10 years has been served; and (2) the person may be punished by a 11
fine of not more than $10,000. For an offense committed against a child who is at 12
least 16 years of age but less than 18 years of age when the offense is committed: 13
(1) eligibility for parole begins when a minimum of 5 years has been served; and 14
(2) the person may be punished by a fine of not more than $10,000. (NRS 201.300) 15
Section 1 of this bill increases the penalties for the offense of sex trafficking a 16
child and provides that for an offense committed against a child who is: (1) less 17
than 14 years of age when the offense is committed, the perpetrator must be 18
punished by imprisonment in the state prison for life either without the possibility 19
of parole or with the possibility of parole beginning when a minimum of 20 years 20
has been served, and by a fine of not more than $40,000; (2) at least 14 years of age 21
but less than 16 years of age when the offense is committed, the perpetrator must be 22
punished by imprisonment in the state prison for life with the possibility of parole 23
beginning when a minimum of 15 years has been served, and by a fine of not more 24
than $20,000; and (3) at least 16 years of age but less than 18 years of age when the 25
offense is committed, the perpetrator must be punished by imprisonment in the state 26
– 2 –
- *SB223*
prison for life with eligibility for parole beginning when a minimum of 10 years has 27
been served, and by a fine of not more than $20,000. 28
Existing law makes the crime of facilitating sex trafficking of a victim who is 29
less than 18 years of age a category B felony, punishable by imprisonment in the 30
state prison for a minimum term of not less than 3 years and a maximum term of 31
not more than 10 years. (NRS 201.301) Section 2 of this bill increases the 32
punishment for such a crime to imprisonment in the state prison for a minimum 33
term of 8 years and a maximum term of 20 years. 34
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.300 is hereby amended to read as follows: 1
201.300 1. A person who without physical force or the 2
immediate threat of physical force, induces an adult to unlawfully 3
become a prostitute or to continue to engage in prostitution, or to 4
enter any place within this State in which prostitution is practiced, 5
encouraged or allowed for the purpose of sexual conduct or 6
prostitution is guilty of pandering which is a category C felony and 7
shall be punished as provided in NRS 193.130. This subsection does 8
not apply to the customer of a prostitute. 9
2. A person: 10
(a) Is guilty of sex trafficking if the person: 11
(1) Induces, causes, recruits, harbors, transports, provides, 12
obtains or maintains a child to engage in prostitution, or to enter any 13
place within this State in which prostitution is practiced, encouraged 14
or allowed for the purpose of sexual conduct or prostitution; 15
(2) Induces, recruits, harbors, transports, provides, obtains or 16
maintains a person by any means, knowing, or in reckless disregard 17
of the fact, that threats, violence, force, intimidation, fraud, duress 18
or coercion will be used to cause the person to engage in 19
prostitution, or to enter any place within this State in which 20
prostitution is practiced, encouraged or allowed for the purpose of 21
sexual conduct or prostitution; 22
(3) By threats, violence, force, intimidation, fraud, duress, 23
coercion, by any device or scheme, or by abuse of any position of 24
confidence or authority, or having legal charge, takes, places, 25
harbors, induces, causes, compels or procures a person to engage in 26
prostitution, or to enter any place within this State in which 27
prostitution is practiced, encouraged or allowed for the purpose of 28
sexual conduct or prostitution; 29
(4) Takes or detains a person with the intent to compel the 30
person by force, violence, threats or duress to marry him or her or 31
any other person; or 32
(5) Receives anything of value with the specific intent of 33
facilitating a violation of this paragraph. 34
– 3 –
- *SB223*
(b) Who is found guilty of sex trafficking: 1
(1) An adult is guilty of a category B felony and shall be 2
punished by imprisonment in the state prison for a minimum term of 3
not less than 3 years and a maximum term of not more than 10 4
years, and may be further punished by a fine of not more than 5
$10,000. 6
(2) A child: 7
(I) If the child is less than 14 years of age when the 8
offense is committed, is guilty of a category A felony and shall be 9
punished by imprisonment in the state prison for life without the 10
possibility of parole, or for life with the possibility of parole [,] with 11
eligibility for parole beginning when a minimum of [15] 20 years 12
has been served, and may be further punished by a fine of not more 13
than [$20,000.] $40,000. 14
(II) If the child is at least 14 years of age but less than 16 15
years of age when the offense is committed, is guilty of a category 16
A felony and shall be punished by imprisonment in the state prison 17
for life with the possibility of parole, with eligibility for parole 18
beginning when a minimum of [10] 15 years has been served, and 19
may be further punished by a fine of not more than [$10,000.] 20
$20,000. 21
(III) If the child is at least 16 years of age but less than 18 22
years of age when the offense is committed, is guilty of a category 23
A felony and shall be punished by imprisonment in the state prison 24
for life with the possibility of parole, with eligibility for parole 25
beginning when a minimum of [5] 10 years has been served, and 26
may be further punished by a fine of not more than [$10,000.] 27
$20,000. 28
3. A court shall not grant probation to or suspend the sentence 29
of a person convicted of sex trafficking a child pursuant to 30
subsection 2. 31
4. Consent of a victim of pandering or sex trafficking to an act 32
of prostitution is not a defense to a prosecution for any of the acts 33
prohibited by this section. 34
5. In a prosecution for sex trafficking a child pursuant to 35
subsection 2, it is not a defense that the defendant did not have 36
knowledge of the victim’s age, nor is reasonable mistake of age a 37
valid defense to a prosecution conducted pursuant to subsection 2. 38
Sec. 2. NRS 201.301 is hereby amended to read as follows: 39
201.301 1. A person is guilty of facilitating sex trafficking if 40
the person: 41
(a) Facilitates, arranges, provides or pays for the transportation 42
of a person to or within this State with the intent of: 43
– 4 –
- *SB223*
(1) Inducing the person to engage in prostitution in violation 1
of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 2
NRS 201.300; 3
(2) Inducing the person to enter any place within this State in 4
which prostitution is practiced, encouraged or allowed for the 5
purpose of sexual conduct or prostitution in violation of 6
subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 7
201.300; or 8
(3) If the person is a child, using the person for any act that is 9
prohibited by NRS 200.710 or 200.720; 10
(b) Sells travel services that facilitate the travel of another 11
person to this State with the knowledge that the other person is 12
traveling to this State for the purpose of: 13
(1) Engaging in sexual conduct with a person who has been 14
induced to engage in sexual conduct or prostitution in violation 15
of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 16
NRS 201.300; 17
(2) Soliciting a child who has been induced to engage in 18
sexual conduct or prostitution in violation of subparagraph (1), (2) 19
or (3) of paragraph (a) of subsection 2 of NRS 201.300; or 20
(3) Engaging in any act involving a child that is prohibited 21
by NRS 200.710 or 200.720; or 22
(c) Travels to or within this State by any means with the intent 23
of engaging in: 24
(1) Sexual conduct with a person who has been induced to 25
engage in sexual conduct or prostitution in violation of 26
subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 27
201.300, with the knowledge that such a person has been induced to 28
engage in such sexual conduct or prostitution; or 29
(2) Any act involving a child that is prohibited by NRS 30
200.710 or 200.720. 31
2. A person who is found guilty of facilitating sex trafficking is 32
guilty of a category B felony and: 33
(a) If the victim is 18 years of age or older, shall be punished by 34
imprisonment in the state prison for a minimum term of not less 35
than 1 year and a maximum term of not more than 6 years. 36
(b) If the victim is less than 18 years of age, shall be punished 37
by imprisonment in the state prison for a minimum term of [not less 38
than 3] 8 years and a maximum term of [not more than 10] 20 years. 39
Sec. 3. This act becomes effective upon passage and approval. 40
H