S.B. 35
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SENATE BILL NO. 35–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE ATTORNEY GENERAL)
PREFILED NOVEMBER 15, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing certain offenses
relating to prisoners. (BDR 16-444)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
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; prohibiting an employee of or a
contractor or volunteer for a prison from engaging in
certain communication with a prisoner; defining the term
“intoxicant” for the purpose of certain provisions which
prohibit furnishing an intoxicant to a prisoner; revising
provisions governing certain crimes relating to prisoners;
providing a penalty; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Section 1 of this bill provides that an employee of or a contractor or volunteer 1
for a prison who communicates with a prisoner outside of the course and scope of 2
his or her duties for prurient or other illegal purposes is guilty of a category E 3
felony. Section 1 also provides that an employee of or a contractor or volunteer for 4
a prison who communicates with a prisoner with the intent to arouse, appeal to or 5
gratify his or her own sexual desires or the sexual desires of a prisoner is guilty of a 6
category D felony. 7
Existing law provides that an employee of or a contractor or volunteer for a 8
prison who voluntarily engages or attempts to engage in sexual abuse of a prisoner 9
is guilty of a category D felony. (NRS 212.188) Section 3 of this bill: (1) increases 10
the penalty for sexual abuse of a prisoner from a category D felony to a category B 11
felony; and (2) makes the crime punishable by imprisonment in the state prison for 12
a minimum term of not less than 1 year and a maximum term of not more than 10 13
years. 14
Existing law provides that an employee of or a contractor or volunteer for a 15
prison who voluntarily: (1) engages in unauthorized custodial conduct is guilty of a 16
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gross misdemeanor; or (2) attempts to engage in such conduct is guilty of a 17
misdemeanor. (NRS 212.188) Section 3 increases the penalty for unauthorized 18
custodial conduct from a gross misdemeanor to a category C felony. Section 3 also 19
eliminates provisions relating to attempted unauthorized custodial conduct. 20
Existing law makes it a crime for certain persons to furnish a controlled 21
substance or intoxicating liquor to a prisoner. (NRS 212.160) Section 2 of this bill 22
changes the term “intoxicating liquor” to “intoxicant” and defines the term 23
intoxicant for the purposes of this prohibition to mean: (1) a controlled substance 24
analog; (2) a spirituous or malt liquor or beverage; (3) a synthetic cannabinoid; or 25
(4) any other chemical, poison or organic solvent, or any compound or combination 26
thereof, which may be inhaled, ingested, applied or otherwise used to achieve a 27
stimulant, depressant or hallucinogenic effect. 28
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 212.140 is hereby amended to read as follows: 1
212.140 1. Every person who, not being authorized by law or 2
by any officer authorized thereby, shall have any verbal 3
communication with any prisoner in any jail, prison or other penal 4
institution, or shall bring into or convey out of the same any writing, 5
clothing, food, tobacco or any article whatsoever, shall be guilty of a 6
misdemeanor. 7
2. An employee of or a contractor or volunteer for a prison 8
who communicates with a prisoner outside of the course and scope 9
of his or her duties for prurient or other illegal purposes is guilty 10
of a category E felony and shall be punished as provided in 11
NRS 193.130. 12
3. An employee of or a contractor or volunteer for a prison 13
who communicates with a prisoner with the intent to arouse, 14
appeal to or gratify his or her own sexual desires or the sexual 15
desires of the prisoner is guilty of a category D felony and shall be 16
punished as provided in NRS 193.130. 17
4. As used in this section: 18
(a) “Communicate” means to contact or attempt to contact a 19
prisoner by any means of oral, written or electronic 20
communication, including, without limitation, communication 21
through text message or through the written or electronic 22
transmission of an image or video. 23
(b) “Prisoner” means a prisoner who is in lawful custody or 24
confinement, other than in the custody of the Division of Parole 25
and Probation of the Department of Public Safety pursuant to 26
NRS 209.4886 or 209.4888 or residential confinement. 27
Sec. 2. NRS 212.160 is hereby amended to read as follows: 28
212.160 1. A person, who is not authorized by law, who 29
knowingly furnishes, attempts to furnish, or aids or assists in 30
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furnishing or attempting to furnish to a prisoner confined in an 1
institution of the Department of Corrections, or any other place 2
where prisoners are authorized to be or are assigned by the Director 3
of the Department, any deadly weapon, explosive, a facsimile of a 4
firearm or an explosive, any controlled substance or [intoxicating 5
liquor,] intoxicant, shall be punished: 6
(a) Where a deadly weapon, controlled substance, explosive or a 7
facsimile of a firearm or explosive is involved, for a category B 8
felony by imprisonment in the state prison for a minimum term of 9
not less than 1 year and a maximum term of not more than 6 years, 10
and may be further punished by a fine of not more than $5,000. 11
(b) Where an intoxicant is involved, for a gross misdemeanor. 12
2. Knowingly leaving or causing to be left any deadly weapon, 13
explosive, facsimile of a firearm or explosive, controlled substance 14
or [intoxicating liquor] intoxicant where it may be obtained by any 15
prisoner constitutes, within the meaning of this section, the 16
furnishing of the article to the prisoner. 17
3. A prisoner confined in an institution of the Department of 18
Corrections, or any other place where prisoners are authorized to be 19
or are assigned by the Director of the Department, who possesses a 20
controlled substance without lawful authorization or marijuana or 21
marijuana paraphernalia, regardless of whether the person holds a 22
valid registry identification card to engage in the medical use of 23
cannabis pursuant to chapter 678C of NRS, is guilty of a category D 24
felony and shall be punished as provided in NRS 193.130. 25
4. As used in this section: 26
(a) “Controlled substance analog” has the meaning ascribed 27
to it in NRS 453.043. 28
(b) “Intoxicant” means: 29
(1) A controlled substance analog; 30
(2) A spirituous or malt liquor or beverage; 31
(3) A synthetic cannabinoid; or 32
(4) Any other chemical, poison or organic solvent, or any 33
compound or combination thereof, which may be inhaled, 34
ingested, applied or otherwise used to achieve a stimulant, 35
depressant or hallucinogenic effect. 36
(c) “Synthetic cannabinoid” has the meaning ascribed to it in 37
NRS 678A.239. 38
Sec. 3. NRS 212.188 is hereby amended to read as follows: 39
212.188 1. An employee of or a contractor or volunteer for a 40
prison who voluntarily engages in, or attempts to engage in, with a 41
prisoner who is in lawful custody or confinement, other than in the 42
custody of the Division of Parole and Probation of the Department 43
of Public Safety pursuant to NRS 209.4886 or 209.4888 or 44
residential confinement, any of the acts set forth in: 45
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(a) Paragraph (a) of subsection 3, commits sexual abuse of a 1
prisoner. 2
(b) Paragraph (b) of subsection 3, commits unauthorized 3
custodial conduct. 4
2. Unless a greater penalty is provided pursuant to any other 5
applicable provision of law, an employee of or a contractor or 6
volunteer for a prison who commits: 7
(a) Sexual abuse of a prisoner is guilty of a category [D] B 8
felony and shall be punished [as provided] by imprisonment in 9
[NRS 193.130.] the state prison for a minimum term of not less 10
than 1 year and a maximum term of not more than 10 years. 11
(b) Unauthorized custodial conduct by engaging in any of the 12
acts described in paragraph (b) of subsection 3 is guilty of a [gross 13
misdemeanor. 14
(c) Unauthorized custodial conduct by attempting to engage in 15
any of the acts described in paragraph (b) of subsection 3 is guilty of 16
a misdemeanor.] category C felony and shall be punished as 17
provided in NRS 193.130. 18
3. As used in this section: 19
(a) “Sexual abuse”: 20
(1) Includes any of the following acts between an employee 21
of or a contractor or volunteer for a prison and a prisoner, regardless 22
of whether the prisoner consents to the act: 23
(I) Sexual intercourse or anal intercourse, including 24
penetration, however slight; 25
(II) Fellatio, cunnilingus or contact between the mouth 26
and the anus; 27
(III) Penetration, however slight, of an object into the 28
genital or anal opening of the body of a prisoner committed with the 29
intent to abuse the prisoner or to arouse, appeal to or gratify 30
the sexual desires of either person; 31
(IV) Any other intentional contact with a prisoner’s 32
unclothed genitals, pubic area, anus, buttocks, inner thigh or breasts 33
committed with the intent to abuse the prisoner or to arouse, appeal 34
to or gratify the sexual desires of either person; 35
(V) Watching a prisoner change clothing or use a shower, 36
toilet or urinal; 37
(VI) Requiring a prisoner to expose his or her genitals, 38
buttocks or breasts; or 39
(VII) Capturing an image of the private area of a prisoner 40
in violation of NRS 200.604. 41
(2) Does not include acts of an employee of or a contractor 42
or volunteer for the prison in which the prisoner is confined that are 43
performed to carry out the official duties of such an employee, 44
contractor or volunteer. 45
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(b) “Unauthorized custodial conduct”: 1
(1) Includes any of the following acts between an employee 2
of or a contractor or volunteer for a prison and a prisoner, regardless 3
of whether the prisoner consents to the act: 4
(I) Contact between the mouth and any part of the body 5
committed with the intent to abuse the prisoner or to arouse, appeal 6
to or gratify the sexual desires of either person; 7
(II) Any other intentional contact with a prisoner’s 8
clothed genitals, pubic area, anus, buttocks, inner thigh or breasts 9
committed with the intent to abuse the prisoner or to arouse, appeal 10
to or gratify the sexual desires of either person; 11
(III) Any threat or request by an employee or a contractor 12
or volunteer to engage in any act described in sub-subparagraphs (I) 13
or (II); or 14
(IV) Any display by an employee or a contractor or 15
volunteer of his or her unclothed genitals, buttocks or breasts in the 16
presence of a prisoner. 17
(2) Does not include acts of an employee of or a contractor 18
or volunteer for the prison in which the prisoner is confined that are 19
performed to carry out the official duties of such an employee, 20
contractor or volunteer. 21
H