Section 1 of this bill provides that an employee of or a contractor or volunteer for a prison who communicates with a prisoner outside of the course and scope of his or her duties for prurient or other illegal purposes is guilty of a category E felony. Section 1 also provides that an employee of or a contractor or volunteer for a prison who communicates with a prisoner with the intent to arouse, appeal to or gratify his or her own sexual desires or the sexual desires of a prisoner is guilty of a category D felony. Existing law provides that an employee of or a contractor or volunteer for a prison who voluntarily engages or attempts to engage in sexual abuse of a prisoner is guilty of a category D felony. (NRS 212.188) Section 3 of this bill: (1) increases the penalty for sexual abuse of a prisoner from a category D felony to a category B felony; and (2) makes the crime punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years. Existing law provides that an employee of or a contractor or volunteer for a prison who voluntarily: (1) engages in unauthorized custodial conduct is guilty of a gross misdemeanor; or (2) attempts to engage in such conduct is guilty of a misdemeanor. (NRS 212.188) Section 3 increases the penalty for unauthorized custodial conduct from a gross misdemeanor to a category C felony. Section 3 also eliminates provisions relating to attempted unauthorized custodial conduct. Existing law makes it a crime for certain persons to furnish a controlled substance or intoxicating liquor to a prisoner. (NRS 212.160) Section 2 of this bill changes the term “intoxicating liquor” to “intoxicant” and defines the term intoxicant for the purposes of this prohibition to mean: (1) a controlled substance analog; (2) a spirituous or malt liquor or beverage; (3) a synthetic cannabinoid; or (4) any other chemical, poison or organic solvent, or any compound or combination thereof, which may be inhaled, ingested, applied or otherwise used to achieve a stimulant, depressant or hallucinogenic effect.

Statutes affected:
As Introduced: 212.140, 212.160, 212.188
BDR: 212.140, 212.160, 212.188