NRS Definitions And Penalties (Sex Offense)

NRS 200.366 Sexual assault: Definition; penalties; exclusions.

      1.  A person is guilty of sexual assault if he or she:

      (a) Subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct; or

      (b) Commits a sexual penetration upon a child under the age of 14 years or causes a child under the age of 14 years to make a sexual penetration on himself or herself or another, or on a beast.

      2.  Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

      (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

             (1) For life without the possibility of parole; or

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.

      (b) If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

      (a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.

      (b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 25 years has been served.

      (c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 35 years has been served.

      4.  A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:

      (a) A sexual assault pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      5.  The provisions of this section do not apply to a person who is less than 18 years of age and who commits any of the acts described in paragraph (b) of subsection 1 if the person is not more than 2 years older than the person upon whom the act was committed unless:

      (a) The person committing the act uses force or threatens the use of force; or

      (b) The person committing the act knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.

      6.  For the purpose of this section, “other sexual offense against a child” means any act committed by an adult upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

      (b) Lewdness with a child pursuant to NRS 201.230;

      (c) Sado-masochistic abuse pursuant to NRS 201.262; or

      (d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

      (Added to NRS by 1977, 1626; A 1991, 612; 1995, 1186; 1997, 1179, 1719; 1999, 431; 2003, 2825; 2005, 2874; 2007, 3255; 2015, 2235)

NRS 200.368 Statutory sexual seduction: Penalties. A person who commits statutory sexual seduction shall be punished:

      1.  If the person is 21 years of age or older at the time of the commission of the offense, for a category B felony 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, and may be further punished by a fine of not more than $10,000.

      2.  Except as otherwise provided in subsection 3, if the person is under the age of 21 years, for a gross misdemeanor.

      3.  If the person is under the age of 21 years and has previously been convicted of a sexual offense, as defined in NRS 179D.097, for a category D felony as provided in NRS 193.130.

      (Added to NRS by 1977, 1627; A 1979, 1426; 1995, 1187; 2001, 703; 2015, 2236)

NRS 200.373 Sexual assault by spouse. It is no defense to a charge of sexual assault that the perpetrator was, at the time of the assault, married to the victim, if the assault was committed by force or by the threat of force.

      (Added to NRS by 1967, 470; A 1975, 1141; 1977, 1628; 1987, 1165)

NRS 200.571 Harassment: Definition; penalties.

      1.  A person is guilty of harassment if:

      (a) Without lawful authority, the person knowingly threatens:

             (1) To cause bodily injury in the future to the person threatened or to any other person;

             (2) To cause physical damage to the property of another person;

             (3) To subject the person threatened or any other person to physical confinement or restraint; or

             (4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and

      (b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.

      2.  Except where the provisions of subsection 2, 3 or 4 of NRS 200.575 are applicable, a person who is guilty of harassment:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second or any subsequent offense, is guilty of a gross misdemeanor.

      3.  The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

      (Added to NRS by 1989, 897; A 1993, 510; 2001, 2785; 2019, 1818)

NRS 200.575 Stalking: Definitions; penalties; entry of finding in judgment of conviction or admonishment of rights.

      1.  A person who, without lawful authority, willfully or maliciously engages in a course of conduct directed towards a victim that would cause a reasonable person under similar circumstances to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2, 3 or 4 are applicable, a person who commits the crime of stalking:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third or any subsequent offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.

      2.  Except as otherwise provided in subsection 3 or 4 and unless a more severe penalty is prescribed by law, a person who commits the crime of stalking where the victim is under the age of 16 and the person is 5 or more years older than the victim:

      (a) For the first offense, is guilty of a gross misdemeanor.

      (b) For the second offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.

      (c) For the third or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.

      3.  A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.

      4.  A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.

      5.  If any act engaged in by a person was part of the course of conduct that constitutes the crime of stalking and was initiated or had an effect on the victim in this State, the person may be prosecuted in this State.

      6.  Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

      7.  If the court finds that a person convicted of stalking pursuant to this section committed the crime against a person listed in subsection 1 of NRS 33.018 and that the victim has an ongoing, reasonable fear of physical harm, the court shall enter the finding in its judgment of conviction or admonishment of rights.

      8.  If the court includes such a finding in a judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:

      (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360; and

      (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.

      9.  A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      10.  The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

      11.  As used in this section:

      (a) “Course of conduct” means a pattern of conduct which consists of two or more acts over a period of time that evidences a continuity of purpose directed at a specific person.

      (b) “Family or household member” means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person.

      (c) “Internet or network site” has the meaning ascribed to it in NRS 205.4744.

      (d) “Network” has the meaning ascribed to it in NRS 205.4745.

      (e) “Offense” includes, without limitation, a violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in this section.

      (f) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person’s telephone or computer by addressing the communication to the recipient’s telephone number.

      (g) “Without lawful authority” includes acts which are initiated or continued without the victim’s consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:

             (1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

             (2) The activities of a reporter, photographer, camera operator or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.

             (3) The activities of a person that are carried out in the normal course of his or her lawful employment.

             (4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.

      (Added to NRS by 1993, 509; A 1995, 59, 1195, 1324; 1999, 1377; 2001, 665, 2785, 2800; 2003, 198; 2009, 3006; 2017, 3123; 2019, 1818)

 NRS 200.603 Peering, peeping or spying through window, door or other opening of dwelling of another; penalties.

      1.  A person shall not knowingly enter upon the property or premises of another or upon the property or premises owned by him or her and leased or rented to another with the intent to surreptitiously conceal himself or herself on the property or premises and peer, peep or spy through a window, door or other opening of a building or structure that is used as a dwelling on the property or premises.

      2.  A person who violates subsection 1 is guilty of:

      (a) If the person is in possession of a deadly weapon at the time of the violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) If the person is not in possession of a deadly weapon at the time of the violation, but is in possession of a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a gross misdemeanor.

      (c) If the person is not in possession of a deadly weapon or a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a misdemeanor.

      3.  This section does not apply to:

      (a) A law enforcement officer conducting a criminal investigation or surveillance;

      (b) A building inspector, building official or other similar authority employed by a governmental body while performing his or her duties; or

      (c) An employee of a public utility while performing his or her duties.

      (Added to NRS by 2005, 930)

NRS 200.604 Capturing image of private area of another person; distributing, disclosing, displaying, transmitting or publishing image of private area of another person; penalties; exceptions; confidentiality of image.

      1.  Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:

      (a) Without the consent of the other person; and

      (b) Under circumstances in which the other person has a reasonable expectation of privacy.

      2.  Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1.

      3.  Unless a greater penalty is provided pursuant to NRS 200.780 or 212.188, a person who violates this section:

      (a) For a first offense, is guilty of a gross misdemeanor.

      (b) For a second or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  This section does not prohibit any lawful law enforcement or correctional activity, including, without limitation, capturing, distributing, disclosing, displaying, transmitting or publishing an image for the purpose of investigating or prosecuting a violation of this section.

      5.  If a person is charged with a violation of this section, any image of the private area of a victim that is contained within:

      (a) Court records;

      (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

      (c) Records of criminal history, as that term is defined in NRS 179A.070; and

      (d) Records in the Central Repository for Nevada Records of Criminal History,

Ê is confidential and, except as otherwise provided in subsections 6 and 7, must not be inspected by or released to the general public.

      6.  An image that is confidential pursuant to subsection 5 may be inspected or released:

      (a) As necessary for the purposes of investigation and prosecution of the violation;

      (b) As necessary for the purpose of allowing a person charged with a violation of this section and his or her attorney to prepare a defense; and

      (c) Upon authorization by a court of competent jurisdiction as provided in subsection 7.

      7.  A court of competent jurisdiction may authorize the inspection or release of an image that is confidential pursuant to subsection 5, upon application, if the court determines that:

      (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the inspection or release; and

      (b) Reasonable notice of the application and an opportunity to be heard have been given to the victim.

      8.  As used in this section:

      (a) “Broadcast” means to transmit electronically an image with the intent that the image be viewed by any other person.

      (b) “Capture,” with respect to an image, means to videotape, photograph, film, record by any means or broadcast.

      (c) “Female breast” means any portion of the female breast below the top of the areola.

      (d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.

      (e) “Under circumstances in which the other person has a reasonable expectation of privacy” means:

             (1) Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of his or her private area would be captured; or

             (2) Circumstances in which a reasonable person would believe that his or her private area would not be visible to the public, regardless of whether the person is in a public or private place.

      (Added to NRS by 2007, 642; A 2015, 899, 2239)

NRS 200.710 Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance.

      1.  A person who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750.

      2.  A person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750, regardless of whether the minor is aware that the sexual portrayal is part of a performance.

      (Added to NRS by 1979, 437; A 1983, 815; 1995, 951, 1196, 1337)

NRS 200.720 Promotion of sexual performance of minor unlawful. A person who knowingly promotes a performance of a minor:

      1.  Where the minor engages in or simulates, or assists others to engage in or simulate, sexual conduct; or

      2.  Where the minor is the subject of a sexual portrayal,

Ê is guilty of a category A felony and shall be punished as provided in NRS 200.750.

      (Added to NRS by 1983, 814; A 1995, 951, 1196, 1337)

NRS 200.730 Possession of visual presentation depicting sexual conduct of person under 16 years of age unlawful; penalties. A person who knowingly and willfully has in his or her possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct:

      1.  For the first offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  For any subsequent offense, is guilty of a category A felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $5,000.

      (Added to NRS by 1983, 814; A 1985, 1412; 1987, 846; 1995, 951, 1196, 1337; 2005, 2876)

 NRS 201.180 Incest: Definition; penalty. Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void who intermarry with each other or who commit fornication or adultery with each other shall be punished for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $10,000.

      [1911 C&P § 193; RL § 6458; NCL § 10140] — (NRS A 1979, 1429; 1995, 1198; 2005, 2877)

 NRS 201.190 Commission of certain sexual acts in public: Definition; penalty. Except as otherwise provided in NRS 200.366 and 201.230, a person of full age who commits anal intercourse, cunnilingus or fellatio in public is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 194; A 1951, 524] — (NRS A 1963, 62; 1967, 475; 1973, 95, 254; 1977, 866, 1632; 1993, 515; 1995, 1198)

 NRS 201.210 Open or gross lewdness; penalty.

      1.  A person who commits any act of open or gross lewdness is guilty:

      (a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

      [Part 1911 C&P § 195; A 1921, 112; NCL § 10142] — (NRS A 1963, 63; 1965, 1465; 1967, 476; 1973, 95, 255, 1406; 1977, 866; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1199, 1327; 1997, 2501, 3188; 2015, 2240; 2017, 1380, 2983)

NRS 201.220 Indecent or obscene exposure; penalty.

      1.  A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:

      (a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

      [Part 1911 C&P § 195; A 1921, 112; NCL § 10142] — (NRS A 1965, 1465; 1967, 476; 1973, 96, 255, 1406; 1977, 867; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1200, 1327; 1997, 2501, 3189; 2015, 2240; 2017, 1381, 2983)

NRS 201.230 Lewdness with child under 16 years; penalties.

      1.  A person is guilty of lewdness with a child if he or she:

      (a) Is 18 years of age or older and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child; or

      (b) Is under the age of 18 years and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child.

      2.  Except as otherwise provided in subsections 4 and 5, a person who commits lewdness with a child under the age of 14 years is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  Except as otherwise provided in subsection 4, a person who commits lewdness with a child who is 14 or 15 years of age is guilty of a category B felony and shall be punished 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 and may be further punished by a fine of not more than $10,000.

      4.  Except as otherwise provided in subsection 5, a person who commits lewdness with a child and who has been previously convicted of:

      (a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      5.  A person who is under the age of 18 years and who commits lewdness with a child under the age of 14 years commits a delinquent act.

      6.  For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 6 of NRS 200.366.

      [1911 C&P § 195 1/2; added 1925, 17; A 1947, 24; 1943 NCL § 10143] — (NRS A 1961, 92; 1967, 477; 1973, 96, 255, 1406; 1977, 867, 1632; 1979, 1430; 1983, 207; 1991, 1009; 1995, 1200; 1997, 1722, 2502, 3190; 1999, 470, 472; 2003, 2826; 2005, 2877; 2015, 2241)

NRS 201.300 Pandering and sex trafficking: Definitions; penalties; exception.

      1.  A person who without physical force or the immediate threat of physical force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution is guilty of pandering which is a category C felony and shall be punished as provided in NRS 193.130. This subsection does not apply to the customer of a prostitute. 

      2.  A person:

      (a) Is guilty of sex trafficking if the person:

             (1) Induces, causes, recruits, harbors, transports, provides, obtains or maintains a child to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (2) Induces, recruits, harbors, transports, provides, obtains or maintains a person by any means, knowing, or in reckless disregard of the fact, that threats, violence, force, intimidation, fraud, duress or coercion will be used to cause the person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (3) By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (4) Takes or detains a person with the intent to compel the person by force, violence, threats or duress to marry him or her or any other person; or

             (5) Receives anything of value with the specific intent of facilitating a violation of this paragraph.

      (b) Who is found guilty of sex trafficking:

             (1) An adult is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) A child:

                   (I) If the child is less than 14 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of not more than $20,000.

                   (II) If the child is at least 14 years of age but less than 16 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

                   (III) If the child is at least 16 years of age but less than 18 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  A court shall not grant probation to or suspend the sentence of a person convicted of sex trafficking a child pursuant to subsection 2.

      4.  Consent of a victim of pandering or sex trafficking to an act of prostitution is not a defense to a prosecution for any of the acts prohibited by this section.

      5.  In a prosecution for sex trafficking a child pursuant to subsection 2, it is not a defense that the defendant did not have knowledge of the victim’s age, nor is reasonable mistake of age a valid defense to a prosecution conducted pursuant to subsection 2.

      [1:233:1913; 1919 RL p. 3379; NCL § 10537] — (NRS A 1959, 7; 1967, 477; 1977, 1054; 1979, 1430; 1995, 1201; 1997, 295; 2013, 2430; 2019, 796)

NRS 201.354 Engaging in prostitution or solicitation for prostitution: Provision of certain information; criminal penalties; civil penalty; discharge and dismissal.

      1.  It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

      2.  Any person who violates subsection 1 by soliciting for prostitution:

      (a) A peace officer who is posing as a child; or

      (b) A person who is assisting a peace officer by posing as a child,

Ê is guilty of soliciting a child for prostitution.

      3.  A prostitute who violates subsection 1 is guilty of a misdemeanor. A peace officer who:

      (a) Detains, but does not arrest or issue a citation to a prostitute for a violation of subsection 1 shall, before releasing the prostitute, provide information regarding and opportunities for connecting with social service agencies that may provide assistance to the prostitute. The Department of Health and Human Services shall assist law enforcement agencies in providing information regarding and opportunities for connecting with such social service agencies pursuant to this paragraph.

      (b) Arrests or issues a citation to a prostitute for a violation of subsection 1 shall, before the prostitute is released from custody or cited:

             (1) Inform the prostitute that he or she may be eligible for assignment to a preprosecution diversion program established pursuant to NRS 174.032; and

             (2) Provide the information regarding and opportunities for connecting with social service agencies described in paragraph (a).

      4.  Except as otherwise provided in subsection 6, a customer who violates this section:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.

      (b) For a second offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $800.

      (c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.

      5.  In addition to any other penalty imposed, the court shall order a person who violates subsection 4 to pay a civil penalty of not less than $200 per offense. The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection:

      (a) Is not within the person’s present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.

      (b) Is not entirely within the person’s present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.

      6.  A customer who violates this section by soliciting a child for prostitution:

      (a) For a first offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.

      (b) For a second offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (c) For a third or subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and maximum term of not more than 6 years, and may be further punished by a fine of not more than $15,000. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.

      7.  Any civil penalty collected by a district attorney or city attorney pursuant to subsection 5 must be deposited in the county or city treasury, as applicable, to be used for:

      (a) The enforcement of this section; and 

      (b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

Ê Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.

      8.  If a person who violates subsection 1 is ordered pursuant to NRS 4.373or 5.055 to participate in a program for the treatment of persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to any person. A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

      9.  Except as limited by subsection 10, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 8, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      10.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      11.  If, at any time before the trial of a prostitute charged with a violation of subsection 1, the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge. As used in this subsection, “sex trafficking” means a violation of subsection 2 of NRS 201.300.

      (Added to NRS by 1987, 2027; A 1991, 462; 2009, 1245; 2015, 1003; 2017, 1656; 2019, 1910, 3365)

NRS 200.310 KIDNAPPING Degrees.

      1.  A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.

      2.  A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person’s will, is guilty of kidnapping in the second degree which is a category B felony.

      [1:165:1947; 1943 NCL § 10612.05] — (NRS A 1959, 20; 1979, 39; 1987, 495; 1995, 1184)

NRS 200.320 Kidnapping in first degree: Penalties. A person convicted of kidnapping in the first degree is guilty of a category A felony and shall be punished:

      1.  Where the kidnapped person suffers substantial bodily harm during the act of kidnapping or the subsequent detention and confinement or in attempted escape or escape therefrom, by imprisonment in the state prison:

      (a) For life without the possibility of parole;

      (b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

      (c) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.

      2.  Where the kidnapped person suffers no substantial bodily harm as a result of the kidnapping, by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served.

      [2:165:1947; 1943 NCL § 10612.06] — (NRS A 1967, 469; 1973, 1804; 1995, 1184)

NRS 200.330 Kidnapping in second degree: Penalties. A person convicted of kidnapping in the second degree is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $15,000.

      [3:165:1947; 1943 NCL § 10612.07] — (NRS A 1967, 469; 1979, 1425; 1995, 1185)

NRS 200.340 Penalty for aiding or abetting.

      1.  A person who aids and abets kidnapping in the first degree is guilty of a category A felony and shall be punished for kidnapping in the first degree as provided in NRS 200.320.

      2.  A person who aids and abets kidnapping in the second degree is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

      [4:165:1947; 1943 NCL § 10612.08] — (NRS A 1967, 470; 1995, 1185)

NRS 200.350 Where proceedings may be instituted; consent is not defense.

      1.  Any proceedings for kidnapping may be instituted either in the county where the offense was committed or in any county through or in which the person kidnapped or confined was taken or kept while under confinement or restraint.

      2.  Upon the trial for violation of NRS 200.310 to 200.350, inclusive, the consent thereto of the person kidnapped or confined shall not be a defense unless it appears satisfactorily to the jury that such person was above the age of 18 years and that the person’s consent was not extorted by threats, duress or fraud.

      [5:165:1947; 1943 NCL § 10612.09]

NRS 201.540 Sexual conduct between certain employees of school or volunteers at school and pupil: Penalty; exception.

      1.  Except as otherwise provided in subsection 2, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed by a public school or private school in a position of authority or is or was volunteering at a public or private school in a position of authority; and

      (c) Engages in sexual conduct with a pupil who is 16 years of age or older, who has not received a high school diploma, a general educational development certificate or an equivalent document and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  The provisions of this section do not apply to a person who is married to the pupil at the time an act prohibited by this section is committed.

      3.  The provisions of this section must not be construed to apply to sexual conduct between two pupils.

      (Added to NRS by 1997, 2522; A 2001, 703; 2013, 2098; 2015, 1445, 2242; 2017, 2320)

NRS 201.555 Sexual conduct between certain employees or contractors of or volunteers for entity providing services to children and children under care, custody, control or supervision of entity: Penalty; exception.

      1.  Except as otherwise provided in subsection 2, a person who:

      (a) Is 25 years of age or older;

      (b) Is in a position of authority as an employee or contractor of or volunteer for an entity which provides services to children; and

      (c) Engages in sexual conduct with a person who is 16 years of age or older but less than 18 years of age and:

             (1) Who is under the care, custody, control or supervision of the entity at which the person is employed or volunteering or of which the person is a contractor; and

             (2) With whom the person has had contact in the course of performing his or her duties as an employee, contractor or volunteer,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  The provisions of this section do not apply to a person who is an employee or contractor of or volunteer for an entity which provides services to children and who is married to the person under the care, custody, control or supervision of the entity at the time an act prohibited by this section is committed.

      3.  A person convicted pursuant to this section is not subject to the registration or community notification requirements of chapter 179D of NRS.

      4.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Department of juvenile justice services” means:

             (1) In a county whose population is less than 100,000, the probation department of the juvenile court established pursuant to NRS 62G.010 to 62G.070, inclusive;

             (2) In a county whose population is 100,000 or more but less than 700,000, the department of juvenile services established pursuant to NRS 62G.100 to 62G.170, inclusive; and

             (3) In a county whose population is 700,000 or more, the department of juvenile justice services established by ordinance pursuant to NRS 62G.210or, if a department of juvenile justice services has not been established by ordinance pursuant to NRS 62G.210, the department of juvenile justice services established pursuant to NRS 62G.300 to 62G.370, inclusive.

      (c) “Entity which provides services to children” means:

             (1) An agency which provides child welfare services;

             (2) A department of juvenile justice services;

             (3) A foster home; or

             (4) The Youth Parole Bureau.

      (d) “Foster home” has the meaning ascribed to it in NRS 424.014.

      (e) “Youth Parole Bureau” has the meaning ascribed to it in NRS 62A.350.

      (Added to NRS by 2017, 2319)