SUMMARY--Provides that failure to protect child from abuse, negligent treatment or maltreatment by another that results in death is first degree murder. (BDR 15-1053)
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; providing that the failure to protect a child from abuse, negligent treatment or maltreatment by another that results in death is first degree murder; 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 NRS 200.030 is hereby amended to read as follows:
200.0301. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait, torture , child neglect or child abuse, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual abuse of a child or sexual molestation of a child under the age of 14 years; or
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if they find him guilty thereof, designate by their verdict whether he is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of a category A felony and shall be punished:
(a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole.
5. A person convicted of murder of the second degree is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) "Allow" means to do nothing to prevent or stop the abuse, negligent treatment or maltreatment of a child under circumstances in which the person knows or has reason to know that the child is suffering abuse, negligent treatment or maltreatment.
(b) "Child" means a person less than 18 years of age.
(c) "Child abuse" means physical injury of a nonaccidental nature to a child . [under the age of 18 years;
(b)] (d) "Child neglect" occurs when a person responsible for the safety or welfare of a child allows or permits the child to:
(1) Suffer physical injury as a result of child abuse, negligent treatment or maltreatment; or
(2) Be placed in a situation in which the child may suffer physical injury as the result of child abuse, negligent treatment or maltreatment.
(e) "Negligent treatment or maltreatment" of a child occurs when a person responsible for the safety or welfare of the child:
(1) Abandons the child;
(2) Leaves the child without proper care, control or supervision; or
(3) Refuses to provide the child with the subsistence, shelter, medical care or other care that is necessary for the well-being of the child, even though the person responsible is able to do so.
(f) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody or control of a child.
(g) "Person responsible for the safety or welfare of a child" means:
(1) The child's parent, guardian or foster parent;
(2) A stepparent with whom the child lives;
(3) An adult person who is continually or regularly found in the same household as the child; or
(4) A person who is directly responsible or serving as a volunteer for or is employed in a public or private home, institution or facility at which the child actually resides or is receiving child care outside of his home for a portion of the day.
(h) "Sexual abuse of a child" means any of the acts described in NRS 432B.100 . [; and
(c)] (i) "Sexual molestation" means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.