SB223 - Revises provisions relating to crimes. (BDR 15-634)

S.B. 223 - *SB223* SENATE BILL NO. 223–SENATOR BUCK FEBRUARY 19, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to crimes. (BDR 15-634) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to crimes; increasing the penalties for sex trafficking a child or facilitating the sex trafficking of a child; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law makes the offense of sex trafficking a child a category A felony, 1 punishable by imprisonment in the state prison for life with the possibility of 2 parole. The minimum number of years that must be served before becoming 3 eligible for parole and the amount of a fine imposed for such an offense are based 4 upon the age of the child when the offense is committed. For an offense committed 5 against a child who is less than 14 years of age when the offense is committed: (1) 6 eligibility for parole begins when a minimum of 15 years has been served; and (2) 7 the person may be punished by a fine of not more than $20,000. For an offense 8 committed against a child who is at least 14 years of age but less than 16 years of 9 age when the offense is committed: (1) eligibility for parole begins when a 10 minimum of 10 years has been served; and (2) the person may be punished by a 11 fine of not more than $10,000. For an offense committed against a child who is at 12 least 16 years of age but less than 18 years of age when the offense is committed: 13 (1) eligibility for parole begins when a minimum of 5 years has been served; and 14 (2) the person may be punished by a fine of not more than $10,000. (NRS 201.300) 15 Section 1 of this bill increases the penalties for the offense of sex trafficking a 16 child and provides that for an offense committed against a child who is: (1) less 17 than 14 years of age when the offense is committed, the perpetrator must be 18 punished by imprisonment in the state prison for life either without the possibility 19 of parole or with the possibility of parole beginning when a minimum of 20 years 20 has been served, and by a fine of not more than $40,000; (2) at least 14 years of age 21 but less than 16 years of age when the offense is committed, the perpetrator must be 22 punished by imprisonment in the state prison for life with the possibility of parole 23 beginning when a minimum of 15 years has been served, and by a fine of not more 24 than $20,000; and (3) at least 16 years of age but less than 18 years of age when the 25 offense is committed, the perpetrator must be punished by imprisonment in the state 26 – 2 – - *SB223* prison for life with eligibility for parole beginning when a minimum of 10 years has 27 been served, and by a fine of not more than $20,000. 28 Existing law makes the crime of facilitating sex trafficking of a victim who is 29 less than 18 years of age a category B felony, punishable by imprisonment in the 30 state prison for a minimum term of not less than 3 years and a maximum term of 31 not more than 10 years. (NRS 201.301) Section 2 of this bill increases the 32 punishment for such a crime to imprisonment in the state prison for a minimum 33 term of 8 years and a maximum term of 20 years. 34 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 201.300 is hereby amended to read as follows: 1 201.300 1. A person who without physical force or the 2 immediate threat of physical force, induces an adult to unlawfully 3 become a prostitute or to continue to engage in prostitution, or to 4 enter any place within this State in which prostitution is practiced, 5 encouraged or allowed for the purpose of sexual conduct or 6 prostitution is guilty of pandering which is a category C felony and 7 shall be punished as provided in NRS 193.130. This subsection does 8 not apply to the customer of a prostitute. 9 2. A person: 10 (a) Is guilty of sex trafficking if the person: 11 (1) Induces, causes, recruits, harbors, transports, provides, 12 obtains or maintains a child to engage in prostitution, or to enter any 13 place within this State in which prostitution is practiced, encouraged 14 or allowed for the purpose of sexual conduct or prostitution; 15 (2) Induces, recruits, harbors, transports, provides, obtains or 16 maintains a person by any means, knowing, or in reckless disregard 17 of the fact, that threats, violence, force, intimidation, fraud, duress 18 or coercion will be used to cause the person to engage in 19 prostitution, or to enter any place within this State in which 20 prostitution is practiced, encouraged or allowed for the purpose of 21 sexual conduct or prostitution; 22 (3) By threats, violence, force, intimidation, fraud, duress, 23 coercion, by any device or scheme, or by abuse of any position of 24 confidence or authority, or having legal charge, takes, places, 25 harbors, induces, causes, compels or procures a person to engage in 26 prostitution, or to enter any place within this State in which 27 prostitution is practiced, encouraged or allowed for the purpose of 28 sexual conduct or prostitution; 29 (4) Takes or detains a person with the intent to compel the 30 person by force, violence, threats or duress to marry him or her or 31 any other person; or 32 (5) Receives anything of value with the specific intent of 33 facilitating a violation of this paragraph. 34 – 3 – - *SB223* (b) Who is found guilty of sex trafficking: 1 (1) An adult is guilty of a category B felony and shall be 2 punished by imprisonment in the state prison for a minimum term of 3 not less than 3 years and a maximum term of not more than 10 4 years, and may be further punished by a fine of not more than 5 $10,000. 6 (2) A child: 7 (I) If the child is less than 14 years of age when the 8 offense is committed, is guilty of a category A felony and shall be 9 punished by imprisonment in the state prison for life without the 10 possibility of parole, or for life with the possibility of parole [,] with 11 eligibility for parole beginning when a minimum of [15] 20 years 12 has been served, and may be further punished by a fine of not more 13 than [$20,000.] $40,000. 14 (II) If the child is at least 14 years of age but less than 16 15 years of age when the offense is committed, is guilty of a category 16 A felony and shall be punished by imprisonment in the state prison 17 for life with the possibility of parole, with eligibility for parole 18 beginning when a minimum of [10] 15 years has been served, and 19 may be further punished by a fine of not more than [$10,000.] 20 $20,000. 21 (III) If the child is at least 16 years of age but less than 18 22 years of age when the offense is committed, is guilty of a category 23 A felony and shall be punished by imprisonment in the state prison 24 for life with the possibility of parole, with eligibility for parole 25 beginning when a minimum of [5] 10 years has been served, and 26 may be further punished by a fine of not more than [$10,000.] 27 $20,000. 28 3. A court shall not grant probation to or suspend the sentence 29 of a person convicted of sex trafficking a child pursuant to 30 subsection 2. 31 4. Consent of a victim of pandering or sex trafficking to an act 32 of prostitution is not a defense to a prosecution for any of the acts 33 prohibited by this section. 34 5. In a prosecution for sex trafficking a child pursuant to 35 subsection 2, it is not a defense that the defendant did not have 36 knowledge of the victim’s age, nor is reasonable mistake of age a 37 valid defense to a prosecution conducted pursuant to subsection 2. 38 Sec. 2. NRS 201.301 is hereby amended to read as follows: 39 201.301 1. A person is guilty of facilitating sex trafficking if 40 the person: 41 (a) Facilitates, arranges, provides or pays for the transportation 42 of a person to or within this State with the intent of: 43 – 4 – - *SB223* (1) Inducing the person to engage in prostitution in violation 1 of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 2 NRS 201.300; 3 (2) Inducing the person to enter any place within this State in 4 which prostitution is practiced, encouraged or allowed for the 5 purpose of sexual conduct or prostitution in violation of 6 subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 7 201.300; or 8 (3) If the person is a child, using the person for any act that is 9 prohibited by NRS 200.710 or 200.720; 10 (b) Sells travel services that facilitate the travel of another 11 person to this State with the knowledge that the other person is 12 traveling to this State for the purpose of: 13 (1) Engaging in sexual conduct with a person who has been 14 induced to engage in sexual conduct or prostitution in violation 15 of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 16 NRS 201.300; 17 (2) Soliciting a child who has been induced to engage in 18 sexual conduct or prostitution in violation of subparagraph (1), (2) 19 or (3) of paragraph (a) of subsection 2 of NRS 201.300; or 20 (3) Engaging in any act involving a child that is prohibited 21 by NRS 200.710 or 200.720; or 22 (c) Travels to or within this State by any means with the intent 23 of engaging in: 24 (1) Sexual conduct with a person who has been induced to 25 engage in sexual conduct or prostitution in violation of 26 subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 27 201.300, with the knowledge that such a person has been induced to 28 engage in such sexual conduct or prostitution; or 29 (2) Any act involving a child that is prohibited by NRS 30 200.710 or 200.720. 31 2. A person who is found guilty of facilitating sex trafficking is 32 guilty of a category B felony and: 33 (a) If the victim is 18 years of age or older, shall be punished by 34 imprisonment in the state prison for a minimum term of not less 35 than 1 year and a maximum term of not more than 6 years. 36 (b) If the victim is less than 18 years of age, shall be punished 37 by imprisonment in the state prison for a minimum term of [not less 38 than 3] 8 years and a maximum term of [not more than 10] 20 years. 39 Sec. 3. This act becomes effective upon passage and approval. 40 H