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
____________
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, 3 and 4 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, photograph, picture, drawing, statue, sculpture or other visual representation or image; or
3. A transcription, recording or live or recorded telephone message.
Sec. 4. The provisions of NRS 201.256 to 201.265, inclusive, section 1 of Assembly Bill No. 336 of this session and sections 2, 3 and 4 of this act do not apply to:
1. A university, community college, school, museum or library which is operated by or which is under the direct control of this state or a political subdivision of this state; or
2. An employee or independent contractor of an institution listed in subsection 1, if the employee or independent contractor is acting within the scope of his employment or contractual relationship.
Sec. 5. NRS 201.256 is hereby amended to read as follows:
201.256 As used in NRS 201.256 to 201.265, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 201.265 is hereby amended to read as follows:
201.265Except [under the circumstances described in] as otherwise provided in section 4 of this act and NRS 200.720, a person is guilty of a misdemeanor [who] if the person knowingly:
1. [Exhibits for sale, sells or loans for monetary consideration] Distributes or causes to be distributed to a minor [, or exhibits for sale] material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
2. Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access [for examination any picture, photograph, drawing, sculpture, motion picture 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] to examine material that is harmful to minors [.] , unless the person is the parent, guardian or spouse of the minor.
[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]
3. Sells to a minor an admission ticket or pass [or] for or otherwise 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] to any presentation of material that 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] :
(a) Distributing to the minor material that is harmful to minors; or
(b) Obtaining admission of the minor to any [motion picture, show or any other presentation which] presentation of material that is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining [admission] :
(a) Material that is harmful to minors; or
(b) Admission to any [motion picture, show or other presentation which] presentation of material that is harmful to minors.
6. Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and
(b) Is labeled, in a prominent and conspicuous location, "Adults Only."
Sec. 7. Section 1 of Assembly Bill No. 336 of this section is hereby amended to read 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 [,] or a video recording, 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. 8. 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. 9. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 10. Sections 5, 6 and 7 of this act become effective at 12:01 a.m. on October 1, 1997.