Sex Crimes: Statutory Sexual Seduction

As used in NRS 200.364 to 200.3788, inclusive, unless the context otherwise requires:

      1.  “Forensic laboratory” has the meaning ascribed to it in NRS 176.09117.

      2.  “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

      3.  “Genetic marker analysis” has the meaning ascribed to it in NRS 176.09118.

      4.  “Offense involving a pupil or child” means any of the following offenses:

            (a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

            (b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

            (c) Sexual conduct between certain employees or contractors of or volunteers for an entity which provides services to children and a person under the care, custody, control or supervision of the entity pursuant to NRS 201.555.

      5.  “Perpetrator” means a person who commits a sexual offense, an offense involving a pupil or child or sex trafficking.

      6.  “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

      7.  “Sexual assault forensic evidence kit” means the forensic evidence obtained from a forensic medical examination.

      8.  “Sexual offense” means any of the following offenses:

            (a) Sexual assault pursuant to NRS 200.366.

            (b) Statutory sexual seduction pursuant to NRS 200.368.

      9.  “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. The term does not include any such conduct for medical purposes.

      10.  “Statutory sexual seduction” means ordinary sexual intercourse, anal intercourse or sexual penetration committed by a person 18 years of age or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.

      11.  “Victim” means a person who is a victim of a sexual offense, an offense involving a pupil or child or sex trafficking.

      12.  “Victim of sexual assault” has the meaning ascribed to it in NRS 217.280.

      1.  A person is guilty of sexual assault if the person:

            (a) Subjects another person to sexual penetration, or forces another person to make a sexual penetration on themselves 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 the perpetrator’s 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 themselves 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,

-> 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 the perpetrator’s 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.

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.

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.

The Legislature finds and declares that:

      1.  This State has a compelling interest in assuring that the victim of a sexual offense, an offense involving a pupil or child or sex trafficking:

            (a) Reports the sexual offense, offense involving a pupil or child or sex trafficking to the appropriate authorities;

            (b) Cooperates in the investigation and prosecution of the sexual offense, offense involving a pupil or child or sex trafficking; and

            (c) Testifies at the criminal trial of the person charged with committing the sexual offense, offense involving a pupil or child or sex trafficking.

      2.  The fear of public identification and invasion of privacy are fundamental concerns for the victims of sexual offenses, offenses involving a pupil or child or sex trafficking. If these concerns are not addressed and the victims are left unprotected, the victims may refrain from reporting and prosecuting sexual offenses, offenses involving a pupil or child or sex trafficking.

      3.  A victim of a sexual offense, an offense involving a pupil or child or sex trafficking may be harassed, intimidated and psychologically harmed by a public report that identifies the victim. A sexual offense, an offense involving a pupil or child or sex trafficking is, in many ways, a unique, distinctive and intrusive personal trauma. The consequences of identification are often additional psychological trauma and the public disclosure of private personal experiences.

      4.  Recent public criminal trials have focused attention on these issues and have dramatized the need for basic protections for the victims of sexual offenses, offenses involving a pupil or child or sex trafficking.

      5.  The public has no overriding need to know the individual identity of the victim of a sexual offense, an offense involving a pupil or child or sex trafficking.

      6.  The purpose of NRS 200.3771 to 200.3774, inclusive, is to protect the victims of sexual offenses, offenses involving a pupil or child or sex trafficking from harassment, intimidation, psychological trauma and the unwarranted invasion of their privacy by prohibiting the disclosure of their identities to the public.

 1.  Except as otherwise provided in this section, any information which is contained in:

            (a) Court records, including testimony from witnesses;

            (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,

->  that reveals the identity of a victim of a sexual offense, an offense involving a pupil or child or sex trafficking is confidential, including but not limited to the victim’s photograph, likeness, name, address or telephone number.

      2.  A defendant charged with a sexual offense, an offense involving a pupil or child or sex trafficking and the defendant’s attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and the defendant’s attorney shall not disclose this information except, as necessary, to those persons directly involved in the preparation of the defense.

      3.  A court of competent jurisdiction may authorize the release of the identifying information, 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 disclosure;

            (b) The disclosure will not place the victim at risk of personal harm; and

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

      4.  Nothing in this section prohibits:

            (a) Any publication or broadcast by the media concerning a sexual offense, an offense involving a pupil or child or sex trafficking.

            (b) The disclosure of identifying information to any nonprofit organization or public agency whose purpose is to provide counseling, services for the management of crises or other assistance to the victims of crimes if:

                  (1) The organization or agency needs identifying information of victims to offer such services; and

                  (2) The court or a law enforcement agency approves the organization or agency for the receipt of the identifying information.

      5.  The willful violation of any provision of this section or the willful neglect or refusal to obey any court order made pursuant thereto is punishable as criminal contempt.

 1.  A victim of a sexual offense, an offense involving a pupil or child or sex trafficking may choose a pseudonym to be used instead of the victim’s name on all files, records and documents pertaining to the sexual offense, offense involving a pupil or child or sex trafficking, including, without limitation, criminal intelligence and investigative reports, court records and media releases.

      2.  A victim who chooses to use a pseudonym shall file a form to choose a pseudonym with the law enforcement agency investigating the sexual offense, offense involving a pupil or child or sex trafficking. The form must be provided by the law enforcement agency.

      3.  If the victim files a form to use a pseudonym, as soon as practicable the law enforcement agency shall make a good faith effort to:

            (a) Substitute the pseudonym for the name of the victim on all reports, files and records in the agency’s possession; and

            (b) Notify the prosecuting attorney of the pseudonym.

->   The law enforcement agency shall maintain the form in a manner that protects the confidentiality of the information contained therein.

      4.  Upon notification that a victim has elected to be designated by a pseudonym, the court shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the sexual offense, offense involving a pupil or child or sex trafficking.

      5.  The information contained on the form to choose a pseudonym concerning the actual identity of the victim is confidential and must not be disclosed to any person other than the defendant or the defendant’s attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or the defendant’s attorney is subject to the conditions and restrictions specified in subsection 2 of NRS 200.3771. A person who violates this subsection is guilty of a misdemeanor.

      6.  A court of competent jurisdiction may order the disclosure of the information contained on the form only if it finds that the information is essential in the trial of the defendant accused of the sexual offense, offense involving a pupil or child or sex trafficking, or the identity of the victim is at issue.

      7.  A law enforcement agency that complies with the requirements of this section is immune from civil liability for unknowingly or unintentionally:

            (a) Disclosing any information contained on the form filed by a victim pursuant to this section that reveals the identity of the victim; or

            (b) Failing to substitute the pseudonym of the victim for the name of the victim on all reports, files and records in the agency’s possession.

 1.  A public officer or employee who has access to any records, files or other documents which include the photograph, likeness, name, address, telephone number or other fact or information that reveals the identity of a victim of a sexual offense, an offense involving a pupil or child or sex trafficking shall not intentionally or knowingly disclose the identifying information to any person other than:

            (a) The defendant or the defendant’s attorney;

            (b) A person who is directly involved in the investigation, prosecution or defense of the case;

            (c) A person specifically named in a court order issued pursuant to NRS 200.3771; or

            (d) A nonprofit organization or public agency approved to receive the information pursuant to NRS 200.3771.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

The provisions of NRS 200.3771, 200.3772 and 200.3773 do not apply if the victim of the sexual offense, offense involving a pupil or child or sex trafficking voluntarily waives, in writing, the confidentiality of the information concerning the victim’s identity.

 1.  In addition to any other remedy provided by law, a person who reasonably believes that the crime of sexual assault has been committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who allegedly committed the sexual assault to:

            (a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.

            (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

            (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

      2.  If a defendant charged with a crime involving sexual assault is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

            (a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.

            (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

            (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

            (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

            (b) A hearing is held on the petition.

      4.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      5.  Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

            (a) A temporary order is guilty of a gross misdemeanor.

            (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  Any court order issued pursuant to this section must:

            (a) Be in writing;

            (b) Be personally served on the person to whom it is directed; and

            (c) Contain the warning that violation of the order:

                  (1) Subjects the person to immediate arrest.

                  (2) Is a gross misdemeanor if the order is a temporary order.

                  (3) Is a category C felony if the order is an extended order.

      7.  A temporary or extended order issued pursuant to this section must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the arrest if:

            (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

            (b) The person has previously violated a temporary or extended order for protection; or

            (c) At the time of the violation or within 2 hours after the violation, the person has:

                  (1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or

                  (2) An amount of a prohibited substance in his or her blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

 1.  The payment of all costs and official fees must be deferred for any person who petitions a court for a temporary or extended order pursuant to NRS 200.378. After any hearing and not later than final disposition of such an application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.

      2.  The clerk of the court shall provide a person who petitions the court for a temporary or extended order pursuant to NRS 200.378 and the adverse party, free of cost, with information about the:

            (a) Availability of temporary and extended orders pursuant to NRS 200.378;

            (b) Procedure for filing an application for such an order; and

            (c) Right to proceed without legal counsel.

      3.  A person who obtains an order pursuant to NRS 200.378 must not be charged any fee to have the order served in this State.

 1.  A temporary order issued pursuant to NRS 200.378 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.

      2.  On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move for its dissolution or modification, and in that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      3.  An extended order expires within such time, not to exceed 3 years, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than 3 years.

      4.  A court shall enter a finding of fact providing the basis for the imposition of an extended order effective for more than 1 year.

      5.  At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear and move for its dissolution or modification based on changes of circumstance of the parties, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      6.  This section must not be construed to affect the right of an adverse party to an interlocutory appeal pursuant to NRS 33.030.

 1.  Each court that issues an order pursuant to NRS 200.378 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.

      2.  A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has probable cause to believe that:

            (a) An order has been issued pursuant to NRS 200.378 to the person to be arrested;

            (b) The person to be arrested has been served with a copy of the order; and

            (c) The person to be arrested is acting in violation of the order.

      3.  Any law enforcement agency in this State may enforce a court order issued pursuant to NRS 200.378.

Any time a court issues a temporary or extended order for protection against a person alleged to have committed the crime of sexual assault and any time a person serves such an order, or receives any information or takes any other action pursuant to NRS 200.378 to 200.37835, inclusive, the court or person, as applicable, shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.

  1.  Upon written request of the alleged victim, the prosecuting attorney in any trial brought against a person on a charge of sexual assault shall timely inform the alleged victim of:

            (a) Any pretrial disposition of the case;

            (b) The final disposition of the case; and

            (c) Information from the record of registration pursuant to NRS 179D.151 regarding the defendant, if applicable.

      2.  If the defendant is found guilty and the court issues an order or provides a condition of the sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:

            (a) Keep a record of the order or condition of the sentence; and

            (b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.

1.  Within 72 hours after conducting a forensic medical examination, a medical provider shall notify the law enforcement agency having jurisdiction over the alleged sexual assault of the victim and the law enforcement agency shall take possession of the sexual assault forensic evidence kit.

      2.  If a law enforcement agency determines it does not have jurisdiction over an alleged sexual assault, the law enforcement agency shall notify the law enforcement agency having proper jurisdiction of such an assault within 5 days after taking possession of the sexual assault forensic evidence kit. After receiving such notice, the law enforcement agency with proper jurisdiction shall take possession of the sexual assault forensic evidence kit.

      3.  Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 30 days after receiving notice pursuant to subsection 1 or 2 of a sexual assault forensic evidence kit, submit the sexual assault forensic evidence kit to the applicable forensic laboratory responsible for conducting a genetic marker analysis. The provisions of this subsection do not apply to any noninvestigatory sexual assault forensic evidence kit associated with a victim who has chosen to remain anonymous.

      4.  A law enforcement agency shall, not later than 5 days after receiving notice of a sexual assault forensic evidence kit, assign a criminal complaint number to the evidence.

      5.  Any law enforcement agency that submits a sexual assault forensic evidence kit to a forensic laboratory shall, immediately following such a submission, notify the victim of the information contained in subsections 1, 2 and 3.

      6.  A forensic laboratory shall, not later than 120 days after receiving a sexual assault forensic evidence kit from a law enforcement agency, test the sexual assault forensic evidence kit, unless the victim requests, in writing, to defer the genetic marker analysis of the sexual assault forensic evidence kit pursuant to NRS 178A.220.

      7.  Upon completion of a genetic marker analysis, the forensic laboratory shall include an eligible DNA profile obtained from the genetic marker analysis in the State DNA Database and CODIS.

      8.  As used in this section:

            (a) “CODIS” has the meaning ascribed to it in NRS 176.09113.

            (b) “State DNA Database” has the meaning ascribed to it in NRS 176.09119.

     1.  A statewide program to track sexual assault forensic evidence kits must be established in this State. The Attorney General shall, pursuant to the recommendation of the Sexual Assault Kit Working Group, designate a department or division of the Executive Department of State Government to establish the program. The designated department or division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of this section.

      2.  The program to track sexual assault forensic evidence kits must:

            (a) Track the location and status of sexual assault forensic evidence kits, including, without limitation, the initial forensic medical examination, receipt by a law enforcement agency and receipt and genetic marker analysis at a forensic laboratory.

            (b) Allow providers of health care who perform forensic medical examinations, law enforcement agencies, prosecutors, forensic laboratories and any other entities having sexual assault forensic evidence kits in their custody to track the status and location of sexual assault forensic evidence kits.

            (c) Allow a victim of sexual assault to anonymously track or receive, by telephone or on an Internet website, updates regarding the status and location of his or her sexual assault forensic evidence kit.

      3.  The department or division designated pursuant to subsection 1 shall, on or before January 1 and July 1 of each year, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on the Judiciary and post on the Internet website maintained by the department or division a report concerning the statewide program to track sexual assault forensic evidence kits. The report must include:

            (a) The number of sexual assault forensic evidence kits in the program in each county.

            (b) The number of sexual assault forensic evidence kits for which genetic marker analysis has been completed for each county for the last 6 months.

            (c) The number of sexual assault forensic evidence kits added to the program in each county during the last 6 months.

            (d) The number of sexual assault forensic evidence kits for which genetic marker analysis has been requested but not completed for each county.

            (e) For this State as a whole and each county, the average and median time between a forensic medical examination and receipt of a sexual assault forensic evidence kit by a forensic laboratory for genetic marker analysis, overall and for the last 6 months.

            (f) For this State as a whole and each county, the average and median time between receipt of a sexual assault forensic evidence kit by a forensic laboratory and genetic marker analysis, overall and for the last 6 months.

            (g) The number of sexual assault forensic evidence kits in each county awaiting genetic marker analysis for more than 1 year and 6 months after forensic medical examination.

      4.  Each law enforcement agency, prosecutor, forensic laboratory and provider of health care who performs forensic medical examinations in this State shall participate in the statewide program to track sexual assault forensic evidence kits for the purpose of tracking the status of any sexual assault forensic evidence kits in the custody of the agency, prosecutor, laboratory or provider, or a third party under contract with such agency, prosecutor, laboratory or provider.

      5.  Any agency or person who acts pursuant to this section in good faith and without gross negligence is immune from civil liability for those acts.

      6.  The department or division designated pursuant to subsection 1 may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.

      7.  As used in this section, “Sexual Assault Kit Working Group” means the statewide working group led by the Office of the Attorney General to create policies and procedures to address the backlog of sexual assault forensic evidence kits that have not been tested.