S.B. 263
- *SB263*
SENATE BILL NO. 263–SENATORS CANNIZZARO, PAZINA,
DONDERO LOOP, NGUYEN AND DOÑATE
MARCH 3, 2025
____________
JOINT SPONSORS: ASSEMBLYMEMBERS DALIA,
HARDY, GRAY, YEAGER AND MARZOLA
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to pornography involving
minors. (BDR 15-520)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; expanding certain prohibitions relating
to pornography involving minors; revising the penalties
for certain crimes relating to pornography involving
minors; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides that a person who knowingly prepares, advertises or 1
distributes any item or material that depicts a minor engaging in or simulating, or 2
assisting others to engage in or simulate, sexual conduct is guilty of a category B 3
felony, punishable by imprisonment in the state prison for a minimum term of not 4
less than 1 year and a maximum term of not more than 15 years, or by a fine of not 5
more than $15,000 or both. (NRS 200.725) Section 2 of this bill expands this 6
prohibition to include computer-generated child pornography. Section 2 also 7
revises the applicable criminal penalties by: (1) subjecting each person found guilty 8
of violating the prohibition to a term of imprisonment in state prison; (2) providing 9
that a person who is found guilty of a second or subsequent violation is guilty of a 10
category A felony, punishable by imprisonment in the state prison for a minimum 11
term of not less than 10 years and a maximum term of life with the possibility of 12
parole; and (3) providing that a person who is found guilty of a violation of section 13
2 may not be convicted of a violation of section 3 of this bill for possessing the 14
same material. 15
Existing law provides that a person who knowingly and willfully has in his or 16
her possession any film, photograph or other visual presentation depicting a person 17
under the age of 16 years as the subject of a sexual portrayal or engaging in, 18
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simulating or assisting others to engage in or simulate, sexual conduct is guilty of: 19
(1) a category B felony for the first offense; and (2) a category A felony for any 20
subsequent offense. (NRS 200.730) Section 3 expands this prohibition to include 21
computer-generated child pornography. Section 3 also increases the minimum term 22
of imprisonment for subsequent offenses from 1 year to 5 years. 23
Existing law requires a person convicted of a sexual offense to register as a sex 24
offender and comply with certain other requirements. (NRS 179D.441, 179D.445, 25
179D.460) Existing law defines the term sexual offense for the purposes of these 26
requirements to include any offense involving pornography and a minor. (NRS 27
179D.097) Because sections 2 and 3 expand the applicability of offenses involving 28
pornography and a minor, sections 2 and 3 have the effect of requiring a person 29
convicted of a violation of section 2 or 3 to: (1) register as a sex offender under 30
certain circumstances; and (2) comply with certain other requirements applicable to 31
sex offenders. Section 1 of this bill defines certain terms for the purposes of 32
sections 2 and 3. 33
Section 4 of this bill makes a conforming change that is necessary to reflect the 34
revision to the organization of existing law made by section 3. 35
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.700 is hereby amended to read as follows: 1
200.700 As used in NRS 200.700 to 200.760, inclusive, unless 2
the context otherwise requires: 3
1. “Computer-generated child pornography” means: 4
(a) Any visual depiction of: 5
(1) An actual child that has been created, adapted or 6
modified to depict the child as the subject of a sexual portrayal 7
or engaging in, or simulating, or assisting others to engage in or 8
simulate, sexual conduct; or 9
(2) An actual person who is 18 years of age or older that 10
has been created, adapted or modified to depict the person as a 11
child and: 12
(I) As the subject of a sexual portrayal; or 13
(II) Engaging in, or simulating, or assisting others to 14
engage in or simulate, sexual conduct; or 15
(b) Any visual representation that appears to depict a child as 16
the subject of a sexual portrayal or engaging in, or simulating, or 17
assisting others to engage in or simulate, sexual conduct, if the 18
representation is: 19
(1) Created by the use of artificial intelligence or other 20
computer technology capable of processing and interpreting 21
specific data inputs to create a visual depiction; and 22
(2) Indistinguishable from a minor. 23
2. “Indistinguishable” means virtually indistinguishable, 24
such that an ordinary person viewing the visual depiction would 25
conclude that the visual depiction is of an actual minor. 26
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3. “Performance” means any play, film, photograph, computer-1
generated image, electronic representation, dance or other visual 2
presentation. 3
[2.] 4. “Promote” means to produce, direct, procure, 4
manufacture, sell, give, lend, publish, distribute, exhibit, advertise or 5
possess for the purpose of distribution. 6
[3.] 5. “Sexual conduct” means sexual intercourse, lewd 7
exhibition of the genitals, fellatio, cunnilingus, bestiality, anal 8
intercourse, excretion, sado-masochistic abuse, masturbation, or the 9
penetration of any part of a person’s body or of any object 10
manipulated or inserted by a person into the genital or anal opening 11
of the body of another. 12
[4.] 6. “Sexual portrayal” means the depiction of a person in a 13
manner which appeals to the prurient interest in sex and which does 14
not have serious literary, artistic, political or scientific value. 15
Sec. 2. NRS 200.725 is hereby amended to read as follows: 16
200.725 1. A person [who] shall not knowingly [prepares, 17
advertises] prepare, advertise or [distributes any item] distribute 18
any: 19
(a) Item or material that depicts a minor engaging in, or 20
simulating, or assisting others to engage in or simulate, sexual 21
conduct ; or 22
(b) Computer-generated child pornography. 23
2. A person who violates the provisions of subsection 1: 24
(a) For the first offense, is guilty of a category B felony and 25
shall be punished by imprisonment in the state prison for a 26
minimum term of not less than 1 year and a maximum term of not 27
more than 15 years, [or] and may further be punished by a fine of 28
not more than $15,000 . [, or by both fine and imprisonment.] 29
(b) For any subsequent offense, is guilty of a category A felony 30
and shall be punished by imprisonment in the state prison for a 31
minimum term of not less than 10 years and a maximum term of 32
life with the possibility of parole, and may be further punished by 33
a fine of not more than $15,000. 34
3. A person convicted of a violation of this section may not be 35
convicted of a violation of NRS 200.730 for possessing the same 36
visual presentation. 37
Sec. 3. NRS 200.730 is hereby amended to read as follows: 38
200.730 1. A person [who] shall not knowingly and willfully 39
[has] have in his or her possession for any purpose any [film,] : 40
(a) Film, photograph or other visual presentation depicting a 41
person under the age of 16 years as the subject of a sexual portrayal 42
or engaging in or simulating, or assisting others to engage in or 43
simulate, sexual conduct [: 44
1.] ; or 45
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(b) Computer-generated child pornography. 1
2. A person who violates the provisions of subsection 1: 2
(a) For the first offense, is guilty of a category B felony and 3
shall be punished by imprisonment in the state prison for a 4
minimum term of not less than 1 year and a maximum term of not 5
more than 6 years, and may be further punished by a fine of not 6
more than $5,000. 7
[2.] (b) For any subsequent offense, is guilty of a category A 8
felony and shall be punished by imprisonment in the state prison for 9
a minimum term of not less than [1 year] 5 years and a maximum 10
term of life with the possibility of parole, and may be further 11
punished by a fine of not more than $5,000. 12
Sec. 4. NRS 176.0931 is hereby amended to read as follows: 13
176.0931 1. If a defendant is convicted of a sexual offense, 14
the court shall include in sentencing, in addition to any other 15
penalties provided by law, a special sentence of lifetime supervision. 16
2. The special sentence of lifetime supervision commences 17
after any period of probation or any term of imprisonment and any 18
period of release on parole. 19
3. A person sentenced to lifetime supervision may petition the 20
sentencing court or the State Board of Parole Commissioners for 21
release from lifetime supervision. The sentencing court or the Board 22
shall grant a petition for release from a special sentence of lifetime 23
supervision if: 24
(a) The person has complied with the requirements of the 25
provisions of NRS 179D.010 to 179D.550, inclusive; 26
(b) The person has not been convicted of an offense that poses a 27
threat to the safety or well-being of others for an interval of at least 28
10 consecutive years after the person’s last conviction or release 29
from incarceration, whichever occurs later; and 30
(c) The person is not likely to pose a threat to the safety of 31
others, as determined by a licensed, clinical professional who has 32
received training in the treatment of sexual offenders, if released 33
from lifetime supervision. 34
4. A person who is released from lifetime supervision pursuant 35
to the provisions of subsection 3 remains subject to the provisions 36
for registration as a sex offender and to the provisions for 37
community notification, unless the person is otherwise relieved from 38
the operation of those provisions pursuant to the provisions of NRS 39
179D.010 to 179D.550, inclusive. 40
5. As used in this section: 41
(a) “Offense that poses a threat to the safety or well-being of 42
others” includes, without limitation: 43
(1) An offense that involves: 44
(I) A victim less than 18 years of age; 45
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(II) A crime against a child as defined in 1
NRS 179D.0357; 2
(III) A sexual offense as defined in NRS 179D.097; 3
(IV) A deadly weapon, explosives or a firearm; 4
(V) The use or threatened use of force or violence; 5
(VI) Physical or mental abuse; 6
(VII) Death or bodily injury; 7
(VIII) An act of domestic violence; 8
(IX) Harassment, stalking, threats of any kind or other 9
similar acts; 10
(X) The forcible or unlawful entry of a home, building, 11
structure, vehicle or other real or personal property; or 12
(XI) The infliction or threatened infliction of damage or 13
injury, in whole or in part, to real or personal property. 14
(2) Any offense listed in subparagraph (1) that is committed 15
in this State or another jurisdiction, including, without limitation, an 16
offense prosecuted in: 17
(I) A tribal court. 18
(II) A court of the United States or the Armed Forces of 19
the United States. 20
(b) “Sexual offense” means: 21
(1) A violation of NRS 200.366, subsection 4 of NRS 22
200.400, NRS 200.710, 200.720, paragraph (b) of subsection 2 of 23
NRS 200.730, paragraph (a) of subsection 1 of NRS 200.975, NRS 24
201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or 25
(b) of subsection 4 or paragraph (a) or (b) of subsection 5 of 26
NRS 201.560; 27
(2) An attempt to commit an offense listed in subparagraph 28
(1); or 29
(3) An act of murder in the first or second degree, 30
kidnapping in the first or second degree, false imprisonment, 31
burglary or invasion of the home if the act is determined to be 32
sexually motivated at a hearing conducted pursuant to NRS 175.547. 33
H