EXEMPT
(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT 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.
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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; 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:
Existing law provides that an employee of or a contractor or volunteer for a 1
prison who voluntarily engages or attempts to engage in sexual abuse of a prisoner 2
is guilty of a category D felony. (NRS 212.188) Section 3 of this bill: (1) increases 3
the penalty for sexual abuse of a prisoner from a category D felony to a category B 4
felony; and (2) makes the crime punishable by imprisonment in the state prison for 5
a minimum term of not less than 1 year and a maximum term of not more than 10 6
years. 7
Existing law provides that an employee of or a contractor or volunteer for a 8
prison who voluntarily: (1) engages in unauthorized custodial conduct is guilty of 9
a gross misdemeanor; or (2) attempts to engage in such conduct is guilty of a 10
misdemeanor. (NRS 212.188) Section 3 increases the penalty for unauthorized 11
custodial conduct from a gross misdemeanor to a category C felony. Section 3 also 12
eliminates provisions relating to attempted unauthorized custodial conduct. 13
Existing law makes it a crime for certain persons to furnish a controlled 14
substance or intoxicating liquor to a prisoner. (NRS 212.160) Section 2 of this bill 15
changes the term “intoxicating liquor” to “intoxicant” and defines the term 16
intoxicant for the purposes of this prohibition to mean: (1) a controlled substance 17
analog; (2) a spirituous or malt liquor or beverage; (3) a synthetic cannabinoid; or 18
(4) any other chemical, poison or organic solvent, or any compound or combination 19
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thereof, which may be inhaled, ingested, applied or otherwise used to achieve a 20
stimulant, depressant or hallucinogenic effect. 21
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 2. NRS 212.160 is hereby amended to read as follows: 2
212.160 1. A person, who is not authorized by law, who 3
knowingly furnishes, attempts to furnish, or aids or assists in 4
furnishing or attempting to furnish to a prisoner confined in an 5
institution of the Department of Corrections, or any other place 6
where prisoners are authorized to be or are assigned by the Director 7
of the Department, any deadly weapon, explosive, a facsimile of a 8
firearm or an explosive, any controlled substance or [intoxicating 9
liquor,] intoxicant, shall be punished: 10
(a) Where a deadly weapon, controlled substance, explosive or a 11
facsimile of a firearm or explosive is involved, for a category B 12
felony by imprisonment in the state prison for a minimum term of 13
not less than 1 year and a maximum term of not more than 6 years, 14
and may be further punished by a fine of not more than $5,000. 15
(b) Where an intoxicant is involved, for a gross misdemeanor. 16
2. Knowingly leaving or causing to be left any deadly weapon, 17
explosive, facsimile of a firearm or explosive, controlled substance 18
or [intoxicating liquor] intoxicant where it may be obtained by any 19
prisoner constitutes, within the meaning of this section, the 20
furnishing of the article to the prisoner. 21
3. A prisoner confined in an institution of the Department of 22
Corrections, or any other place where prisoners are authorized to be 23
or are assigned by the Director of the Department, who possesses a 24
controlled substance without lawful authorization or marijuana or 25
marijuana paraphernalia, regardless of whether the person holds a 26
valid registry identification card to engage in the medical use of 27
cannabis pursuant to chapter 678C of NRS, is guilty of a category D 28
felony and shall be punished as provided in NRS 193.130. 29
4. As used in this section: 30
(a) “Controlled substance analog” has the meaning ascribed 31
to it in NRS 453.043. 32
(b) “Intoxicant” means: 33
(1) A controlled substance analog; 34
(2) A spirituous or malt liquor or beverage; 35
(3) A synthetic cannabinoid; or 36
(4) Any other chemical, poison or organic solvent, or any 37
compound or combination thereof, which may be inhaled, 38
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ingested, applied or otherwise used to achieve a stimulant, 1
depressant or hallucinogenic effect. 2
(c) “Synthetic cannabinoid” has the meaning ascribed to it in 3
NRS 678A.239. 4
Sec. 3. NRS 212.188 is hereby amended to read as follows: 5
212.188 1. An employee of or a contractor or volunteer for a 6
prison who voluntarily engages in, or attempts to engage in, with a 7
prisoner who is in lawful custody or confinement, other than in the 8
custody of the Division of Parole and Probation of the Department 9
of Public Safety pursuant to NRS 209.4886 or 209.4888 or 10
residential confinement, any of the acts set forth in: 11
(a) Paragraph (a) of subsection 3, commits sexual abuse of a 12
prisoner. 13
(b) Paragraph (b) of subsection 3, commits unauthorized 14
custodial conduct. 15
2. Unless a greater penalty is provided pursuant to any other 16
applicable provision of law, an employee of or a contractor or 17
volunteer for a prison who commits: 18
(a) Sexual abuse of a prisoner is guilty of a category [D] B 19
felony and shall be punished [as provided] by imprisonment in 20
[NRS 193.130.] the state prison for a minimum term of not less 21
than 1 year and a maximum term of not more than 10 years. 22
(b) Unauthorized custodial conduct by engaging in any of the 23
acts described in paragraph (b) of subsection 3 is guilty of a [gross 24
misdemeanor. 25
(c) Unauthorized custodial conduct by attempting to engage in 26
any of the acts described in paragraph (b) of subsection 3 is guilty of 27
a misdemeanor.] category C felony and shall be punished as 28
provided in NRS 193.130. 29
3. As used in this section: 30
(a) “Sexual abuse”: 31
(1) Includes any of the following acts between an employee 32
of or a contractor or volunteer for a prison and a prisoner, regardless 33
of whether the prisoner consents to the act: 34
(I) Sexual intercourse or anal intercourse, including 35
penetration, however slight; 36
(II) Fellatio, cunnilingus or contact between the mouth 37
and the anus; 38
(III) Penetration, however slight, of an object into the 39
genital or anal opening of the body of a prisoner committed with the 40
intent to abuse the prisoner or to arouse, appeal to or gratify 41
the sexual desires of either person; 42
(IV) Any other intentional contact with a prisoner’s 43
unclothed genitals, pubic area, anus, buttocks, inner thigh or breasts 44
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committed with the intent to abuse the prisoner or to arouse, appeal 1
to or gratify the sexual desires of either person; 2
(V) Watching a prisoner change clothing or use a shower, 3
toilet or urinal; 4
(VI) Requiring a prisoner to expose his or her genitals, 5
buttocks or breasts; or 6
(VII) Capturing an image of the private area of a prisoner 7
in violation of NRS 200.604. 8
(2) Does not include acts of an employee of or a contractor 9
or volunteer for the prison in which the prisoner is confined that are 10
performed to carry out the official duties of such an employee, 11
contractor or volunteer. 12
(b) “Unauthorized custodial conduct”: 13
(1) Includes any of the following acts between an employee 14
of or a contractor or volunteer for a prison and a prisoner, regardless 15
of whether the prisoner consents to the act: 16
(I) Contact between the mouth and any part of the body 17
committed with the intent to abuse the prisoner or to arouse, appeal 18
to or gratify the sexual desires of either person; 19
(II) Any other intentional contact with a prisoner’s 20
clothed genitals, pubic area, anus, buttocks, inner thigh or breasts 21
committed with the intent to abuse the prisoner or to arouse, appeal 22
to or gratify the sexual desires of either person; 23
(III) Any threat or request by an employee or a contractor 24
or volunteer to engage in any act described in sub-subparagraph (I) 25
or (II); or 26
(IV) Any display by an employee or a contractor or 27
volunteer of his or her unclothed genitals, buttocks or breasts in the 28
presence of a prisoner. 29
(2) Does not include acts of an employee of or a contractor 30
or volunteer for the prison in which the prisoner is confined that are 31
performed to carry out the official duties of such an employee, 32
contractor or volunteer. 33
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