AB35 - Revises provisions relating to pornography involving minors. (BDR 15-448)

- 83rd Session (2025) Assembly Bill No. 35–Committee on Judiciary CHAPTER.......... AN ACT relating to crimes; establishing the preferred manner of referring to items or materials that depict or describe a minor engaging in certain sexual conduct; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Sections 30 and 31 of this bill establish the preferred manner of referring to items or materials that depict or describe a minor as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct in the Nevada Revised Statutes and the Nevada Administrative Code. Sections 6-29 and 32-37 of this bill make conforming changes to replace words and terms that are not preferred for use in the Nevada Revised Statutes, including the term “child pornography” and various related terms, with the term “child sexual abuse material” in accordance with section 30. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Sections 1-5. (Deleted by amendment.) Sec. 6. NRS 202.876 is hereby amended to read as follows: 202.876 “Violent or sexual offense” means any act that, if prosecuted in this State, would constitute any of the following offenses: 1. Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive. 2. Mayhem pursuant to NRS 200.280. 3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive. 4. Sexual assault pursuant to NRS 200.366. 5. Robbery pursuant to NRS 200.380. 6. Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390. 7. Battery with intent to commit a crime pursuant to NRS 200.400. 8. Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408. 9. False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon. – 2 – - 83rd Session (2025) 10. Assault with a deadly weapon pursuant to NRS 200.471. 11. Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485. 12. An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 [or 200.720.] to 200.730, inclusive. 13. Open or gross lewdness pursuant to NRS 201.210. 14. Lewdness with a child pursuant to NRS 201.230. 15. An offense involving pandering or sex trafficking in violation of NRS 201.300, prostitution in violation of NRS 201.320 or advancing prostitution in violation of NRS 201.395. 16. Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon. 17. An attempt, conspiracy or solicitation to commit an offense listed in this section. Sec. 7. NRS 50.700 is hereby amended to read as follows: 50.700 1. In any criminal or juvenile delinquency action relating to the commission of a sexual offense, a court may not order the victim of or a witness to the sexual offense to take or submit to a psychological or psychiatric examination. 2. The court may exclude the testimony of a licensed psychologist, psychiatrist or clinical social worker who performed a psychological or psychiatric examination on the victim or witness if: (a) There is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness by a licensed psychologist, psychiatrist or clinical social worker; and (b) The victim or witness refuses to submit to an additional psychological or psychiatric examination by a licensed psychologist, psychiatrist or clinical social worker. 3. In determining whether there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness pursuant to subsection 2, the court must consider whether: (a) There is a reasonable basis for believing that the mental or emotional state of the victim or witness may have affected his or her ability to perceive and relate events relevant to the criminal prosecution; and (b) Any corroboration of the offense exists beyond the testimony of the victim or witness. – 3 – - 83rd Session (2025) 4. If the court determines there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness, the court shall issue a factual finding that details with particularity the reasons why an additional psychological or psychiatric examination of the victim or witness is warranted. 5. If the court issues a factual finding pursuant to subsection 4 and the victim or witness consents to an additional psychological or psychiatric examination, the court shall set the parameters for the examination consistent with the purpose of determining the ability of the victim or witness to perceive and relate events relevant to the criminal prosecution. 6. As used in this section, “sexual offense” includes, without limitation: (a) An offense that is found to be sexually motivated pursuant to NRS 175.547 or 207.193; (b) Sexual assault pursuant to NRS 200.366; (c) Statutory sexual seduction pursuant to NRS 200.368; (d) Battery with intent to commit sexual assault pursuant to NRS 200.400; (e) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation; (f) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive; (g) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975; (h) Incest pursuant to NRS 201.180; (i) Open or gross lewdness pursuant to NRS 201.210; (j) Indecent or obscene exposure pursuant to NRS 201.220; (k) Lewdness with a child pursuant to NRS 201.230; (l) Pandering or sex trafficking of a child pursuant to NRS 201.300; (m) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section; (n) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section; (o) Sexual penetration of a dead human body pursuant to NRS 201.450; – 4 – - 83rd Session (2025) (p) A violation of NRS 201.553; (q) Luring a child or a person with mental illness pursuant to NRS 201.560; (r) Any other offense that has an element involving a sexual act or sexual conduct with another person; or (s) Any attempt or conspiracy to commit an offense listed in this subsection. Sec. 8. NRS 62B.270 is hereby amended to read as follows: 62B.270 1. A public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the institution or agency to determine: (a) Whether the employee has been convicted of: (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem; (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon; (3) Assault with intent to kill or to commit sexual assault or mayhem; (4) Battery which results in substantial bodily harm to the victim; (5) Battery that constitutes domestic violence that is punishable as a felony; (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years; (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime; (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.353 or 201.354 by engaging in prostitution; (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083; (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years; – 5 – - 83rd Session (2025) (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony; (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years; (13) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or (b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a). 2. An employee of the public or private institution or agency must submit to the public institution or agency or the licensing authority, as applicable, a complete set of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. 3. The public institution or agency or the licensing authority, as applicable, may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted. 4. The public institution or agency or the licensing authority, as applicable, may charge an employee investigated pursuant to this section for the reasonable cost of that investigation. 5. When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the public institution or agency or the licensing authority, as applicable, for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1. 6. A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child without supervision in a public or private institution or agency to – 6 – - 83rd Session (2025) which a juvenile court commits a child, including, without limitation, a facility for the detention of children, before the investigation of the background and personal history of the person has been conducted. 7. The public institution or agency or the licensing authority, as applicable, shall conduct an investigation of each employee of the institution or agency pursuant to this section at least once every 5 years after the initial investigation. 8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when: (a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or (b) The prosecuting attorney makes a determination to: (1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or (2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1. Sec. 9. NRS 62C.120 is hereby amended to read as follows: 62C.120 1. If a petition filed pursuant to the provisions of this title contains allegations that a child committed an unlawful act which would have been a sexual offense if committed by an adult or which involved the use or threatened use of force or violence against the victim, the district attorney shall provide to the victim and, if the victim is less than 18 years of age, to the parent or guardian of the victim, as soon as practicable after the petition is filed, documentation that includes: (a) A form advising the victim and the parent or guardian of the victim of their rights pursuant to the provisions of this title; and (b) The form or procedure that must be used to request disclosure pursuant to NRS 62D.440. 2. As used in this section, “sexual offense” means: (a) Sexual assault pursuant to NRS 200.366; (b) Battery with intent to commit sexual assault pursuant to NRS 200.400; (c) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive; (d) Open or gross lewdness pursuant to NRS 201.210; (e) Indecent or obscene exposure pursuant to NRS 201.220; (f) Lewdness with a child pursuant to NRS 201.230; – 7 – - 83rd Session (2025) (g) Sexual penetration of a dead human body pursuant to NRS 201.450; (h) Luring a child or person with mental illness pursuant to NRS 201.560, if punishable as a felony; or (i) An attempt to commit an offense listed in this subsection. Sec. 10. NRS 62F.100 is hereby amended to read as follows: 62F.100 As used in NRS 62F.100 to 62F.150, inclusive, unless the context otherwise requires, “sexual offense” means: 1. Sexual assault pursuant to [Text truncated for display. Full text available on LegiScan.]