Existing law prohibits certain employees of or volunteers at a school from engaging in sexual conduct with certain pupils. (NRS 201.540) Existing law also prohibits: (1) a person from possessing a visual representation depicting a sexual portrayal or sexual conduct of certain minors; and (2) a minor from using an electronic communication device to transmit or distribute a sexual image of himself or herself to another person. (NRS 200.730, 200.737) Unless a greater penalty is provided by specific statute, section 2 of this bill provides that a person in a position of authority is guilty of a category C felony if he or she knowingly contacts or communicates with or attempts to contact or communicate with a pupil with the intent to: (1) engage in the commission of a crime punishable as a felony or gross misdemeanor; or (2) cause or encourage the pupil to engage in sexual conduct, use an electronic communication device to transmit or distribute a sexual image of himself or herself to the person or facilitate the commission of an unlawful act that, if committed by an adult, would be a felony or gross misdemeanor. Section 2 creates an exemption from the crime prescribed in section 2 if the person in a position of authority: (1) is married to the pupil at the time an act prohibited by section 2 is committed; (2) does not have or did not have contact with the pupil in the course of performing any of his or her duties; or (3) takes certain action upon receipt of an unsolicited sexual image or communication of a sexual nature from a pupil. Section 4 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes. Existing law makes certain conduct relating to the exhibition or sale to minors of obscene material a misdemeanor offense, unless a greater penalty is provided by specific statute. (NRS 201.265) Section 3 of this bill adds a violation of section 2 to the list of specific statutes in which a greater penalty is provided. Existing law prohibits a court from ordering the victim of or a witness to certain sexual offenses to take or submit to a psychological or psychiatric examination. (NRS 50.700) Section 5 of this bill adds a violation of section 2 to the list of sexual offenses to which that prohibition applies. Existing law requires a court that grants probation to or suspends the sentence of certain persons convicted of an offense that involved the use of a computer, system or network to order, as a condition of probation or suspension, that the person not own or use a computer. (NRS 176A.413) Section 9 of this bill: (1) adds certain violations of section 2 to the list of offenses for which a court is required to issue such an order; and (2) provides that the prohibition on owning or using a computer includes any electronic communication device. Existing law similarly requires the State Board of Parole Commissioners to require that certain persons convicted of an offense that involved the use of a computer, system or network not own or use a computer. (NRS 213.1258) Section 18 of this bill: (1) adds certain violations of section 2 to the list of offenses for which the Board is required to impose this condition of parole; and (2) provides that the prohibition on owning or using a computer includes any electronic communication device. Existing law allows a judge to grant an order authorizing the interception of certain communications when the interception may provide evidence of the commission of certain offenses. (NRS 179.460) Section 12 of this bill adds a violation of section 2 to the list of offenses for which a judge may grant such an order. Sections 19-25 and 33 of this bill authorize the board of trustees of a school district, the governing body of a public or private school and the administrator of a private school to use a substantiated report of a violation of section 2 for purposes of making certain employment decisions and certain other purposes. (NRS 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 394.155) Existing law requires the Superintendent of Public Instruction to grant all licenses for teachers and other educational personnel. (NRS 391.033) Section 23 of this bill requires the Superintendent to suspend the application process for an applicant for licensure against whom a substantiated report of a violation of section 2 is made and take certain other actions related to the report. Existing law authorizes the State Board of Education to suspend or revoke a license issued by the Superintendent if the licensee is convicted of certain offenses or a substantiated report of certain prohibited conduct is made against the licensee. (NRS 391.330) Section 26 of this bill: (1) adds a violation of section 2 to the list of offenses for which the State Board may suspend or revoke a license; and (2) authorizes the State Board to suspend or revoke the license of a person against whom a substantiated report of a violation of section 2 is made. Existing law authorizes the State Board to bill an employee for certain expenses related to a disciplinary hearing if the hearing results from a recommendation to revoke or suspend a license based upon certain convictions described in section 26. (NRS 391.355) Section 26.5 of this bill adds a conviction of a violation of section 2 to the list of hearings for which the State Board may bill an employee. Existing law authorizes the board of trustees of a school district or the governing body of a public school to suspend, dismiss, demote or refuse to employ a teacher or administrator for immorality. (NRS 391.650, 391.750) Existing law also authorizes the superintendent of a school district to suspend a licensed employee who has been charged but not yet convicted of a crime involving immorality. (NRS 391.760) Sections 27 and 28 of this bill add a violation of section 2 to the list of immoral acts for which such action may be taken. Section 28 also provides that a licensed employee who is convicted of a violation of section 2 forfeits all rights of employment after the date of his or her arrest. Existing law requires an employee of or a volunteer for a school to report certain conduct to an agency which provides child welfare services and to a law enforcement agency. (NRS 392.303) Section 29 of this bill additionally requires an employee of or a volunteer for a school to make such a report for a violation of section 2. Sections 29-32 of this bill make conforming changes relating to the requirement that an employee or a volunteer make such a report. (NRS 392.317, 392.337) Section 34 of this bill requires the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child to contain the information in any substantiated report of a violation of section 2. (NRS 432.100) Section 36 of this bill requires certain employers to screen employees through the Central Registry to determine whether the person has been the subject of a substantiated report of a violation of section 2. (NRS 433.639) Section 35 of this bill makes a conforming change relating to the inclusion in the Central Registry of information relating to a violation of section 2. Section 37 of this bill makes the amendatory provisions of sections 1-36 apply to offenses committed on and after October 1, 2023.

Statutes affected:
As Introduced: 200.366, 201.265, 201.470, 50.700, 176.0931, 176.133, 176A.110, 176A.413, 178.5698, 179.245, 179.460, 179D.097, 179D.115, 179D.495, 213.107, 213.1214, 213.1258, 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 391.330, 391.650, 391.760, 392.303, 392.317, 392.325, 392.337, 394.155, 432.100, 432.120, 433.639
Reprint 1: 200.366, 201.265, 201.470, 50.700, 176.0931, 176.133, 176A.110, 176A.413, 178.5698, 179.245, 179.460, 179D.097, 179D.115, 179D.495, 213.107, 213.1214, 213.1258, 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 391.330, 391.650, 391.760, 392.303, 392.317, 392.325, 392.337, 394.155, 432.100, 432.120, 433.639
Reprint 2: 201.265, 201.470, 50.700, 176A.413, 179.460, 213.1258, 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 391.330, 391.355, 391.650, 391.760, 392.303, 392.317, 392.325, 392.337, 394.155, 432.100, 432.120, 433.639
As Enrolled: 201.265, 201.470, 50.700, 176A.413, 179.460, 213.1258, 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 391.330, 391.355, 391.650, 391.760, 392.303, 392.317, 392.325, 392.337, 394.155, 432.100, 432.120, 433.639
BDR: 200.366, 201.265, 201.470, 50.700, 176.0931, 176.133, 176A.110, 176A.413, 178.5698, 179.245, 179.460, 179D.097, 179D.115, 179D.495, 213.107, 213.1214, 213.1258, 288.150, 388A.515, 388A.5342, 388C.200, 391.033, 391.104, 391.281, 391.330, 391.650, 391.760, 392.303, 392.317, 392.325, 392.337, 394.155, 432.100, 432.120, 433.639