Assembly Bill No. 382

Assembly Bill No. 382-Assemblymen Close, Humke, Dini, Amodei, Von Tobel, Bache, Ohrenschall, Neighbors, Herrera, Giunchigliani, Arberry, Hettrick, Ernaut, Buckley, Lambert, Braunlin, Sandoval, Price, Koivisto, Chowning, Nolan, Cegavske, Marvel, Tiffany, Berman, Mortenson, Carpenter, Perkins, de Braga, Parks, Lee, Gustavson, Collins, Hickey, Evans, Manendo, Anderson, Freeman, Segerblom, Goldwater, Krenzer and Williams

April 18, 1997
____________

Referred to Committee on Judiciary

SUMMARY--Enhances penalty for pandering children. (BDR 15-913)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to crimes; enhancing the penalty for pandering children; 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 NRS 201.295 is hereby amended to read as follows:
201.295As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:
1. "Adult" means a person 18 years of age or older.
2. "Child" means a person less than 18 years of age.
3. "Prostitute" means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
[2.] 4. "Prostitution" means engaging in sexual conduct for a fee.
[3.] 5. "Sexual conduct" means any of the acts enumerated in subsection [1.] 3.
Sec. 2. NRS 201.300 is hereby amended to read as follows:
201.3001. A person who:
(a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution;
(b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed;
(c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;
(d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of sexual intercourse;
(e) Takes or detains a person with the intent to compel the person by force, threats, menace or duress to marry him or any other person; or
(f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,
is guilty of pandering.
2. A person who is found guilty of pandering [shall be punished:
(a) Where] :
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the [person, for] adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[(b) Where]
(2) If no physical force or immediate threat of physical force is [used, for] used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, 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 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, 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.
3. This section does not apply to the customer of a prostitute.
Sec. 3. NRS 201.330 is hereby amended to read as follows:
201.3301. A person who attempts to detain [any other] another person in a disorderly house or house of prostitution because of any debt or debts the other person has contracted [,] or is said to have contracted [,] while living in the house [,] is guilty of pandering . [and shall be punished:
1. Where]
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the [person, for] adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[2. Where]
(2) If no physical force or immediate threat of physical force is [used, for] used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, 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 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, 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.
Sec. 4. NRS 201.340 is hereby amended to read as follows:
201.3401. A person who knowingly transports or causes to be transported, by any means of conveyance, into, through or across this state, or who aids or assists in obtaining such transportation for a person with the intent to induce, persuade, encourage, inveigle, entice or compel that person to become a prostitute or to continue to engage in prostitution is guilty of pandering . [, and shall be punished:
(a) Where]
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the [person, for] adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
[(b) Where]
(2) If no physical force or immediate threat of physical force is [used, for] used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
[2.] (b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, 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 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, 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.
3. A person who [commits the crime mentioned in this section] violates subsection 1 may be prosecuted, indicted, tried and convicted in any county or city in or through which he transports or attempts to transport the person.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.