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Nevada Revised Statutes
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Crimes
Against the Person
Chapter
200
Definitions.
As used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires:
1. “Perpetrator” means a person who commits a
sexual assault.
2. “Sexual penetration” means cunnilingus,
fellatio, or any intrusion, however slight, of any part of a person’s body or
any object manipulated or inserted by a person into the genital or anal
openings of the body of another, including sexual intercourse in its ordinary
meaning.
3. “Statutory sexual seduction” means:
(a) Ordinary sexual
intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18
years of age or older with a person under the age of 16 years; or
(b) Any other sexual
penetration committed by a person 18 years of age or older with a person under
the age of 16 years with the intent of arousing, appealing to, or gratifying
the lust or passions or sexual desires of either of the persons.
4. “Victim” means a person who is subjected to
a sexual assault.
(Added
to NRS by 1977, 1626; A 1979, 572; 1991, 801; 1995, 700)
Sexual
assault: Definition; penalties.
1. A person who subjects another person to
sexual penetration, or who forces another person to make a sexual penetration
on himself 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 conduct, is guilty of sexual assault.
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 20 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 20 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, 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. 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)
Statutory sexual
seduction: Penalties.
Except under circumstances where a greater penalty is provided in NRS 201.540, a person who commits statutory sexual seduction shall be punished:
1. If he is 21 years of age or older, for a
category C felony as provided in NRS 193.130.
2. If he is under the age of 21 years, for a gross misdemeanor.
(Added
to NRS by 1977, 1627; A 1979, 1426; 1995, 1187; 2001, 703)
BIGAMY, INCEST,
SEXUAL ACTS IN PUBLIC AND CRIME AGAINST NATURE INVOLVING MINOR
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
201.195
Solicitation
of minor to engage in acts constituting crime against nature; penalties.
1.
A person who incites, entices or solicits a minor to engage in acts which
constitute the infamous crime against nature:
(a) If the minor
actually engaged in such acts as a result and:
(1) The minor was less than 14 years of age, 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.
(2) The minor was 14 years of age or older, 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.
(b) If the minor did
not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, 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.
2. As used in this section, the “infamous
crime against nature” means anal intercourse, cunnilingus or fellatio between
natural persons of the same sex. Any sexual penetration, however slight, is
sufficient to complete the infamous crime against nature.
(Added
to NRS by 1979, 662; A 1989, 1511; 1991, 1007; 1993, 515; 1995, 1198; 1997,
1721, 2500, 3187; 1999, 470, 472; 2005, 2877)
LEWDNESS
AND INDECENT EXPOSURE
Lewdness
with child under 14 years; penalties.
1. A person who 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, is
guilty of lewdness with a child.
2. Except as otherwise provided in subsection
3, a person who commits lewdness with a child 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. 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,
is guilty of a category A felony and shall be
punished by imprisonment in the state prison for life without the possibility
of parole.
4. For the purpose of this section, “other
sexual offense against a child” has the meaning ascribed to it in subsection 5
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)
LURING
CHILDREN OR MENTALLY ILL PERSONS
Definitions;
exceptions; penalties.
1. Except as otherwise provided in subsection
3, a person shall not knowingly contact or communicate with or attempt to
contact or communicate with a child who is less than 16 years of age and who is
at least 5 years younger than the person with the intent to persuade, lure or
transport the child away from his home or from any location known to his parent
or guardian or other person legally responsible for the child to a place other
than where the child is located, for any purpose:
(a) Without the express consent of the parent or
guardian or other person legally responsible for the child; and
(b) With the intent to avoid the consent of the
parent or guardian or other person legally responsible for the child.
2. Except as otherwise provided in subsection
3, a person shall not knowingly contact or communicate with a mentally ill
person with the intent to persuade, lure or transport the mentally ill person
away from his home or from any location known to any person legally responsible
for the mentally ill person to a place other than where the mentally ill person
is located:
(a) For any purpose that a reasonable person under
the circumstances would know would endanger the health, safety or welfare of
the mentally ill person;
(b) Without the express consent of the person
legally responsible for the mentally ill person; and
(c) With the intent to avoid the consent of the
person legally responsible for the mentally ill person.
3. The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child or mentally ill person.
4. A person who violates or attempts to
violate the provisions of this section through the use of a computer, system or
network:
(a) With the intent to engage in sexual conduct with
the child or mentally ill person or to cause the child or mentally ill person
to engage in sexual conduct, 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;
(b) By providing the child or mentally ill person
with material that is harmful to minors or requesting the child or mentally ill
person to provide the person with material that is harmful to minors, is guilty
of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If paragraph (a) or (b) does not apply, is
guilty of a gross misdemeanor.
5. A person who violates or attempts to
violate the provisions of this section in a manner other than through the use
of a computer, system or network:
(a) With the intent to engage in sexual conduct with
the child or mentally ill person or to cause the child or mentally ill person
to engage in sexual conduct, 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 $10,000;
(b) By providing the child or mentally ill person
with material that is harmful to minors or requesting the child or mentally ill
person to provide the person with material that is harmful to minors, 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
$10,000; or
(c) If paragraph (a) or (b) does not apply, is
guilty of a gross misdemeanor.
6. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS
205.4735.
(b) “Harmful to minors” has the meaning ascribed to
it in NRS 201.257.
(c) “Material” means anything that is capable of
being used or adapted to arouse interest, whether through the medium of
reading, observation, sound or
in any other manner.
(d) “Mentally ill person” means a person who has any
mental dysfunction leading to impaired ability to maintain himself and to
function effectively in his life situation without external support.
(e) “Network” has the meaning ascribed to it in NRS
205.4745.
(f) “Sexual conduct” has the meaning ascribed to it
in NRS 201.520.
(g) “System” has the meaning ascribed to it in NRS
205.476.
(Added to NRS by 2001, 2786; A 2003, 431, 1376)
Crimes
Against Public Decency and Good Morals
SEXUAL CONDUCT WITH PUPILS AND STUDENTS
Sexual conduct
between certain employees of school or volunteers at school and pupil: Penalty;
exception.
1. Except as otherwise provided in subsection
4, a person who:
(a) Is 21 years of
age or older;
(b) Is employed in a position of authority by a public school or private school or volunteering in a position of authority at a public or private school; and
(c) Engages in sexual
conduct with a pupil who is 16 or 17 years of age and who is enrolled in or
attending the public school or private school at which the person is employed
or volunteering, is guilty of a category C felony and shall be punished as provided
in NRS 193.130.
2. Except as otherwise provided in subsection
4, a person who:
(a) Is 21 years of
age or older;
(b) Is employed in a
position of authority by a public school or private school or volunteering in a
position of authority at a public or private school; and
(c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and who is enrolled in or attending the public school or private school at which the person is employed or volunteering, 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.
3. For the purposes of subsections 1 and 2, a
person shall be deemed to be employed in a position of authority by a public
school or private school or deemed to be volunteering in a position of
authority at a public or private school if the person is employed or
volunteering as:
(a) A teacher or
instructor;
(b) An administrator;
(c) A head or
assistant coach; or
(d) A teacher’s aide
or an auxiliary, nonprofessional employee who assists licensed personnel in the
instruction or supervision of pupils pursuant to NRS 391.100.
4. The provisions of this section do not apply
to a person who is married to the pupil.
(Added
to NRS by 1997, 2522; A 2001, 703)
LIMITATION
OF ACTIONS
Generally,
Chapter 11
NRS 11.215
Actions for
damages for injury arising from sexual abuse of minor.
1. Except as otherwise provided in NRS 217.007, an
action to recover damages for an injury to a person arising from the sexual
abuse of the plaintiff which occurred when the plaintiff was less than 18 years
of age must be commenced within 10 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse, whichever occurs later.
2. As used in this section, “sexual abuse” has the meaning ascribed to it in NRS 432B.100.
(Added to NRS by 1991, 117; A 1993, 254, 455, 456)
TITLE
14—PROCEDURE IN CRIMINAL CASES
TIME
OF COMMENCING CRIMINAL ACTIONS
NRS 171.080
No statute of limitation for murder or terrorism.
NRS 171.083 No limitation for sexual assault if written report filed with law enforcement officer during period of limitation; effect of disability on period of limitation.
NRS 171.084
Limitation for kidnapping or attempted murder extended if written report filed
with law enforcement officer during period of limitation.
NRS 171.085
Limitations for felonies.
NRS 171.090
Limitations for gross and simple misdemeanors.
NRS 171.095
Limitations for offenses committed in secret manner and offenses constituting
sexual abuse of child.
NRS 171.100
Indictment found when it is presented and filed.
No
limitation for sexual assault if written report filed with law enforcement
officer during period of limitation; effect of disability on period of
limitation.
1. If, at any time during the period of limitation
prescribed in NRS 171.085 and 171.095, a victim of a sexual assault or a person
authorized to act on behalf of a victim of a sexual assault files with a law
enforcement officer a written report concerning the sexual assault, the period
of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no
limitation of the time within which a prosecution for the sexual assault must
be commenced.
2. If a written report is filed with a law
enforcement officer pursuant to subsection 1, the law enforcement officer shall
provide a copy of the written report to the victim or the person authorized to
act on behalf of the victim.
3. If a victim of a sexual assault is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.
4. For the purposes of this section, a victim
of a sexual assault is under a disability if the victim is insane, mentally
retarded, mentally incompetent or in a medically comatose or vegetative state.
5. As used in this section, “law enforcement officer” means:
(a) A prosecuting
attorney;
(b) A sheriff of a
county or his deputy;
(c) An officer of a
metropolitan police department or a police department of an incorporated city;
or
(d) Any other person
upon whom some or all of the powers of a peace officer are conferred pursuant
to NRS 289.150 to 289.360, inclusive.
(Added
to NRS by 1997, 890)
Limitations
for felonies.
Except
as otherwise provided in NRS 171.083, 171.084 and 171.095, an indictment for:
1. Theft, robbery, burglary, forgery, arson, sexual assault, a violation of NRS 90.570 or a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 must be found, or an information or complaint filed, within 4 years after the commission of the offense.
2. Any felony other than murder, theft,
robbery, burglary, forgery, arson, sexual assault, a violation of NRS 90.570 or
a violation punishable pursuant to paragraph (c) of subsection 3 of NRS
598.0999 must be found, or an information or complaint filed, within 3 years
after the commission of the offense.
[1911 Cr. Prac. § 72; RL § 6922; NCL § 10720]—(NRS A
1963, 371; 1977, 1630; 1985, 2167; 1997, 890; 2001, 3031; 2003, 20th Special
Session, 273; 2005, 1426)
Limitations for gross and simple misdemeanors.
Except as otherwise provided in NRS 171.095, 202.885
and 624.800, an indictment for:
1. A gross misdemeanor must be found, or an
information or complaint filed, within 2 years after the commission of the
offense.
2. Any other misdemeanor must be found, or an information or complaint filed, within 1 year after the commission of the offense.
[1911 Cr. Prac. § 73; RL § 6923; NCL § 10721]—(NRS A
1981, 771; 1985, 2167; 1999, 3525; 2005, 1209)
Limitations for offenses committed in secret manner and offenses
constituting sexual abuse of child.
1. Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:
(a) If a felony,
gross misdemeanor or misdemeanor is committed in a secret manner, an indictment
for the offense must be found, or an information or complaint filed, within the
periods of limitation prescribed in NRS 171.085, 171.090 and 624.800 after the
discovery of the offense, unless a longer period is allowed by paragraph (b) or
the provisions of NRS 202.885.
(b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:
(1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or
(2) Twenty-eight years old if he does not discover and reasonably should not
have discovered that he was a victim of the sexual abuse by the date on which
he reaches 21 years of age.
2. If any indictment found, or an information
or complaint filed, within the time prescribed in subsection 1 is defective so
that no judgment can be given thereon, another prosecution may be instituted
for the same offense within 6 months after the first is abandoned.
[1911 Cr. Prac. § 74; RL § 6924; NCL § 10722]—(NRS A
1981, 771; 1985, 2167; 1989, 1443; 1993, 305; 1997, 891; 1999, 3525; 2001,
3031; 2005, 1209)
My
email address true_perspective@yahoo.com
Revised
09/06