In general, existing law prohibits a person from committing certain acts regarding pornography involving minors. (NRS 200.700-200.760) Section 1 of this bill: (1) prohibits a person from receiving, distributing, producing, possessing or accessing any obscene item or material which the person knows or reasonably should know contains a depiction of a purported child engaging in sexual conduct; and (2) provides that a person who violates this prohibition is guilty of a category B felony. Section 1 also defines: (1) the term “depiction of a purported child” for purposes of this prohibition to mean a visual representation that appears to depict an actual child but may or may not depict an actual child; and (2) certain other terms relating to the prohibition. Sections 2-5 of this bill make certain definitions, exemptions and authorizations, which, under existing law, are generally applicable to provisions concerning pornography involving minors, applicable to section 1. Existing law: (1) prohibits a court from deferring judgment on a case if the defendant has been convicted of a violent or sexual offense; (2) sets the maximum period of probation or suspension of sentence for a violent or sexual offense at 60 months; and (3) prohibits the early discharge from probation of a person convicted of a violent or sexual offense. (NRS 176.211, 176A.500, 176A.840, 202.876) Existing law also requires a person to report certain violent or sexual offenses against a child to a law enforcement agency under certain circumstances. (NRS 202.882) Section 6 of this bill makes a violation of section 1 a violent or sexual offense for purposes of these provisions. Existing law prohibits a court from ordering a victim of or a witness to certain sexual offenses to take or submit to a psychological or psychiatric examination. (NRS 50.700) Section 7 of this bill applies this prohibition to a victim of or a witness to a violation of section 1. Existing law defines the term “sexual offense” for the purposes of certain provisions which prohibit a person convicted of a sexual offense from obtaining certain licenses or employment or receiving certain services to include an offense involving pornography and a minor. (NRS 62B.270, 62G.223, 424.031, 424.145, 432A.170, 432A.1755, 432B.198, 432B.199, 433B.183) Sections 8, 12, 13 and 32-37 of this bill revise the list of sexual offenses to which these statutory provisions apply to include a violation of section 1. Section 9 of this bill requires a district attorney to provide certain documentation to a victim of a violation of section 1 and, if the victim is less than 18 years of age, to his or her parent or guardian. (NRS 62C.120) Section 10 of this bill makes certain restrictions concerning attendance in school which are applicable to juveniles who are adjudicated delinquent for committing sexual offenses applicable to a juvenile who is adjudicated delinquent for committing a violation of section 1. (NRS 62F.100-62F.150) Section 11 of this bill makes certain registration and community notification requirements which are applicable to juveniles who are adjudicated delinquent for committing sexual offenses applicable to a juvenile who is adjudicated delinquent for committing a violation of section 1. (NRS 62F.205-62F.360) Under existing law, the fingerprints of a child who is taken into custody for an unlawful act that, if committed by an adult, would have been a sexual offense, must be taken, retained locally and submitted to the Central Repository for Nevada Records of Criminal History under certain circumstances. (NRS 62H.010) Section 14 of this bill makes these requirements applicable to a child who is taken into custody for a violation of section 1. Existing law requires the Director of the Department of Health and Human Services to establish a program to compile and analyze data concerning juvenile sex offenders. (NRS 62H.320) Existing law also requires the Division of Child and Family Services of the Department to: (1) collect certain information concerning each child adjudicated delinquent for committing a sexual offense; and (2) provide the information collected by the Division to the Director for use in the program. (NRS 62H.210, 62H.220, 62H.320) Sections 15 and 16 of this bill add a violation of section 1 to the list of sexual offenses to which these requirements apply. Sections 15 and 16 thereby require the Division to collect and provide to the Department certain information concerning a child who is adjudicated delinquent for a violation of section 1. Existing law: (1) requires that a person convicted of certain sexual offenses undergo a psychosexual evaluation as part of the presentence investigation report prepared by the Division of Parole and Probation of the Department of Public Safety; and (2) prohibits a court from granting probation to or suspending the sentence of a person convicted of certain sexual offenses, unless the person who conducts the psychosexual evaluation certifies that the person convicted of the sexual offense does not represent a high risk to reoffend. (NRS 176.135, 176A.110) Sections 18 and 19 of this bill add a violation of section 1 to the list of sexual offenses that require a psychosexual evaluation to be conducted and for which a court is prohibited from granting probation to or suspending the sentence of a person, unless the person who conducts the psychosexual evaluation certifies that the person does not represent a high risk to reoffend. Existing law requires a court that grants probation to or suspends the sentence of certain persons convicted of an offense that involved pornography and a minor to order, as a condition of probation or suspension, that the person not own or use a computer. (NRS 176A.413) Section 20 of this bill adds a violation of section 1 to the list of offenses for which a court is required to issue such an order. Existing law similarly requires the State Board of Parole Commissioners to require that certain persons convicted of an offense that involved pornography and a minor not own or use a computer. (NRS 213.1258) Section 26 of this bill adds a violation of section 1 to the list of offenses for which the Board is required to impose this condition of parole. Existing law requires a court to provide certain documentation to certain persons if an offender is convicted of certain sexual offenses. (NRS 178.5698) Section 21 of this bill requires that such documentation be provided to such persons if an offender is convicted of a violation of section 1. Section 22 of this bill makes the provisions of law which prohibit a person convicted of a sexual offense from petitioning a court to seal the records relating to such a conviction applicable to a person convicted of a violation of section 1. (NRS 179.245) Existing law authorizes the Central Repository and its employees to inquire into and inspect certain sealed records that constitute information relating to sexual offenses and to notify employers of the information in accordance with federal laws and regulations. (NRS 179.301) Section 23 of this bill revises the list of sexual offenses to which this provision applies to include a violation of section 1. Existing law defines the term “sexual offense” for the purpose of requiring persons convicted of certain sexual offenses to be prohibited from certain employment, to register as a sex offender, to comply with certain mandatory conditions of probation or parole and to fulfill certain other requirements. (NRS 118A.335, 176.0913, 176A.410, 179D.095, 179D.097, 179D.441, 213.1099, 213.1245) Section 24 of this bill revises the list of sexual offenses to which these statutory provisions apply to include a violation of section 1. Section 25 of this bill designates an offender convicted of a violation of section 1 a Tier II offender for the purpose of certain requirements relating to registration as a sex offender. Sections 27-29 of this bill make a minor who was the victim of a violation of section 1 or a parent or guardian of any such minor eligible to apply for compensation from the Fund for the Compensation of Victims of Crime for certain expenses and losses. (NRS 217.010-217.270) Sections 30 and 31 of this bill establish the preferred manner of referring to items or materials that depict or describe a minor as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate sexual conduct in the Nevada Revised Statutes and the Nevada Administrative Code. Sections 6-29 and 32-37 make conforming changes to replace words and terms that are not preferred for use in the Nevada Revised Statutes, including the term “child pornography” and various related terms, with the term “child sexual abuse material” in accordance with section 30.

Statutes affected:
As Introduced: 200.700, 200.735, 200.740, 200.760, 202.876, 50.700, 62B.270, 62C.120, 62F.100, 62F.225, 62G.223, 62G.353, 62H.010, 62H.220, 62H.310, 127.1869, 176.133, 176A.110, 176A.413, 178.5698, 179.245, 179A.073, 179D.097, 179D.115, 213.1258, 217.050, 217.070, 217.100, 220.125, 233B.062, 424.031, 424.145, 432.150, 432A.170, 432B.198, 433B.183
BDR: 200.700, 200.735, 200.740, 200.760, 202.876, 50.700, 62B.270, 62C.120, 62F.100, 62F.225, 62G.223, 62G.353, 62H.010, 62H.220, 62H.310, 127.1869, 176.133, 176A.110, 176A.413, 178.5698, 179.245, 179A.073, 179D.097, 179D.115, 213.1258, 217.050, 217.070, 217.100, 220.125, 233B.062, 424.031, 424.145, 432.150, 432A.170, 432B.198, 433B.183