SUMMARY--Makes various changes to provisions concerning exhibition, sale or rental of obscene material to minors. (BDR 15-1031)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to crimes against decency; defining the term "motion picture" for the purpose of prohibiting certain activities concerning the exhibition, sale or rental of certain motion pictures containing obscene material to a minor; prohibiting certain activities concerning the exhibition, sale or rental of certain computer programs and video games containing obscene material to a minor; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:
"Motion picture" means a film, whether or not it has been rated appropriate for a particular audience, that is:
1. Placed on a videodisc or videotape; or
2. To be shown in a theater or on television,
and includes, without limitation, a cartoon or an animated film.
Sec. 2 NRS 201.256 is hereby amended to read as follows:
201.256 [Unless] As used in NRS 201.256 to 201.265, inclusive, and section 1 of this act, unless the context otherwise requires, the [definitions set forth] words and terms defined in NRS 201.257 to 201.264, inclusive, [govern the construction of NRS 201.256 to 201.265, inclusive.] and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3 NRS 201.265 is hereby amended to read as follows:
201.265Except under the circumstances described in NRS 200.720, a person is guilty of a misdemeanor who knowingly:
1. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view or have access [for examination] to examine any picture, photograph, drawing, sculpture, motion picture [film, or similar] , computer program, device for the storage or transmission of computer data, video game or other similar material that:
(a) Contains a visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse [and is] ; and
(b) Is harmful to minors.
2. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view, read, hear or examine any book, pamphlet, magazine, printed matter, however reproduced, [or] sound recording, with or without music, [which contains any matter enumerated] computer program, device for the storage or transmission of computer data, video game or other similar material that:
(a) Contains a visual representation or image described in subsection 1 [,] or any explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse [, which is] ; and
(b) Is harmful to minors.
3. Exhibits for monetary consideration to a minor, sells to a minor an admission ticket or pass or admits a minor, for monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors, unless the minor is accompanied by his parent, guardian or spouse.
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of obtaining admission of the minor to any motion picture, show or any other presentation which is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining admission to any motion picture, show or other presentation which is harmful to minors.
Sec. 4 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.