Assembly Bill No. 62–Committee on Judiciary

 

(On Behalf of the District Attorney’s Association)

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Increases penalty for committing sexual assault not involving substantial bodily harm against child under age of 16 years. (BDR 15‑282)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to crimes; increasing the penalty for committing sexual assault not involving substantial bodily harm against a child under the age of 16 years; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 200.366 is hereby amended to read as follows:

1-2  200.366  1.  A person who subjects another person to sexual

1-3  penetration, or who forces another person to make a sexual

1-4  penetration on himself or another, or on a beast, against the will of

1-5  the victim or under conditions in which the perpetrator knows or

1-6  should know that the victim is mentally or physically incapable of

1-7  resisting or understanding the nature of his conduct, is guilty of

1-8  sexual assault.

1-9  2.  Except as otherwise provided in subsection 3, a person who

1-10  commits a sexual assault is guilty of a category A felony and shall

1-11  be punished:

1-12      (a) If substantial bodily harm to the victim results from the

1-13  actions of the defendant committed in connection with or as a part

1-14  of the sexual assault, by imprisonment in the state prison:

1-15          (1) For life without the possibility of parole;

2-1       (2) For life with the possibility of parole, with eligibility for

2-2  parole beginning when a minimum of 15 years has been served; or

2-3       (3) For a definite term of 40 years, with eligibility for parole

2-4  beginning when a minimum of 15 years has been served.

2-5  (b) If no substantial bodily harm to the victim results, by

2-6  imprisonment in the state prison:

2-7       (1) For life, with the possibility of parole, with eligibility for

2-8  parole beginning when a minimum of 10 years has been served; or

2-9       (2) For a definite term of 25 years, with eligibility for parole

2-10  beginning when a minimum of 10 years has been served.

2-11      3.  A person who commits a sexual assault against a child under

2-12  the age of 16 years is guilty of a category A felony and shall be

2-13  punished:

2-14      (a) If the crime results in substantial bodily harm to the child, by

2-15  imprisonment in the state prison for life without the possibility of

2-16  parole.

2-17      (b) Except as otherwise provided in paragraph (c), if the crime

2-18  does not result in substantial bodily harm to the child, by

2-19  imprisonment in the state prison:

2-20          (1) For life with the possibility of parole, with eligibility for

2-21  parole beginning when a minimum of 20 years has been served; or

2-22          (2) For a definite term of [20] 40 years, with eligibility for

2-23  parole beginning when a minimum of [5] 15 years has been served.

2-24      (c) If the crime is committed against a child under the age of 14

2-25  years and does not result in substantial bodily harm to the child, by

2-26  imprisonment in the state prison for life with the possibility of

2-27  parole, with eligibility for parole beginning when a minimum of 20

2-28  years has been served.

 

2-29  H