Senate Bill No. 436

Senate Bill No. 436-Senators Rawson, James, Augustine, Jacobsen, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Regan, Rhoads, Schneider, Shaffer, Washington and Wiener

May 30, 1997
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Referred to Committee on Judiciary

SUMMARY--Revises provisions governing exhibition and distribution to minors of material that is harmful to minors. (BDR 15-1086)

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; revising the provisions governing the exhibition and distribution to minors of material that is harmful to minors; 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. "Distribute" means to transfer possession with or without consideration.
Sec. 3. "Material" means:
1. A book, pamphlet, magazine, newspaper, printed advertising or other printed or written material;
2. A motion picture, video recording, photograph, picture, drawing, statue, sculpture or other visual representation or image; or
3. A transcription, recording or live or recorded telephone message.
Sec. 4. NRS 201.256 is hereby amended to read as follows:
201.256[Unless the context otherwise requires, the definitions set forth] As used in NRS [201.257 to 201.264, inclusive, govern the construction of NRS] 201.256 to 201.265, inclusive [.] , and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 201.265 is hereby amended to read as follows:
201.265Except [under the circumstances described] as otherwise provided in NRS 200.720, a person is guilty of a misdemeanor [who] if he knowingly:
1. Exhibits [for sale, sells or loans for monetary consideration] , distributes or causes to be distributed to a minor, or exhibits for [sale] distribution to an adult in such a manner or location as to allow a minor to view or have access for examination [any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and] material that 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 in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which is harmful to minors.
3. Exhibits for monetary consideration to a minor, sells to a minor]
2. Distributes advertising to a minor about, or sells an admission ticket or pass to or admits a minor [,] for monetary consideration [,] to premises [whereon] upon which 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] material that is harmful to minors, unless the minor is accompanied by his parent, guardian or spouse.
[4.] 3. 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 of material which is harmful to minors.
[5.] 4. Misrepresents his age as 18 or over for the purpose of obtaining admission to any [motion picture, show or other] presentation of material which is harmful to minors.
5. Exhibits, distributes or offers to distribute material that is harmful to minors in a vending machine which is located in a public place, unless minors are excluded from the public place.
6. Sells or rents video recordings that contain material that is harmful to minors, unless he creates an area within his establishment for the placement of the video recordings and any material that advertises the sale or rental of the video recordings which:
(a) Prevents minors from observing the video recordings or any material that advertises the sale or rental of the video recordings; and
(b) Is labeled, in a prominent and conspicuous location, "Adults Only."
Sec. 6. 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. 7. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.