Assembly Bill No. 8–Assemblyman Manendo

 

Prefiled January 27, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions pertaining to child abuse. (BDR 15‑65)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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; providing that certain conduct involving shaking a child constitutes physical injury for the purpose of child abuse and neglect; 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:

 

1-1  Section 1. NRS 200.508 is hereby amended to read as follows:

1-2  200.508  1.  A person who willfully causes a child who is less

1-3  than 18 years of age to suffer unjustifiable physical pain or mental

1-4  suffering as a result of abuse or neglect or to be placed in a situation

1-5  where the child may suffer physical pain or mental suffering as the

1-6  result of abuse or neglect:

1-7  (a) If substantial bodily or mental harm results to the child:

1-8       (1) If the child is less than 14 years of age and the harm is the

1-9  result of sexual abuse or exploitation, is guilty of a category A

1-10  felony and shall be punished by imprisonment in the state prison for

1-11  life with the possibility of parole, with eligibility for parole

1-12  beginning when a minimum of 15 years has been served; or

1-13          (2) In all other such cases to which subparagraph (1) does not

1-14  apply, is guilty of a category B felony and shall be punished by

1-15  imprisonment in the state prison for a minimum term of not less

1-16  than 2 years and a maximum term of not more than 20 years; or

2-1  (b) If substantial bodily or mental harm does not result to the

2-2  child:

2-3       (1) If the person has not previously been convicted of a

2-4  violation of this section or of a violation of the law of any other

2-5  jurisdiction that prohibits the same or similar conduct, is guilty of a

2-6  category B felony and shall be punished by imprisonment in the

2-7  state prison for a minimum term of not less than 1 year and a

2-8  maximum term of not more than 6 years; or

2-9       (2) If the person has previously been convicted of a violation

2-10  of this section or of a violation of the law of any other jurisdiction

2-11  that prohibits the same or similar conduct, is guilty of a category B

2-12  felony and shall be punished by imprisonment in the state prison for

2-13  a minimum term of not less than 2 years and a maximum term of not

2-14  more than 15 years,

2-15  unless a more severe penalty is prescribed by law for an act or

2-16  omission that brings about the abuse or neglect.

2-17      2.  A person who is responsible for the safety or welfare of a

2-18  child and who permits or allows that child to suffer unjustifiable

2-19  physical pain or mental suffering as a result of abuse or neglect or to

2-20  be placed in a situation where the child may suffer physical pain or

2-21  mental suffering as the result of abuse or neglect:

2-22      (a) If substantial bodily or mental harm results to the child:

2-23          (1) If the child is less than 14 years of age and the harm is the

2-24  result of sexual abuse or exploitation, is guilty of a category A

2-25  felony and shall be punished by imprisonment in the state prison for

2-26  life with the possibility of parole, with eligibility for parole

2-27  beginning when a minimum of 10 years has been served; or

2-28          (2) In all other such cases to which subparagraph (1) does not

2-29  apply, is guilty of a category B felony and shall be punished by

2-30  imprisonment in the state prison for a minimum term of not less

2-31  than 2 years and a maximum term of not more than 20 years; or

2-32      (b) If substantial bodily or mental harm does not result to the

2-33  child:

2-34          (1) If the person has not previously been convicted of a

2-35  violation of this section or of a violation of the law of any other

2-36  jurisdiction that prohibits the same or similar conduct, is guilty of a

2-37  gross misdemeanor; or

2-38          (2) If the person has previously been convicted of a violation

2-39  of this section or of a violation of the law of any other jurisdiction

2-40  that prohibits the same or similar conduct, is guilty of a category C

2-41  felony and shall be punished as provided in NRS 193.130,

2-42  unless a more severe penalty is prescribed by law for an act or

2-43  omission that brings about the abuse or neglect.

2-44      3.  A person does not commit a violation of subsection 1 or 2 by

2-45  virtue of the sole fact that he delivers or allows the delivery of a

3-1  child to a provider of emergency services pursuant to NRS

3-2  432B.630.

3-3  4.  As used in this section:

3-4  (a) “Abuse or neglect” means physical or mental injury of a

3-5  nonaccidental nature, sexual abuse, sexual exploitation, negligent

3-6  treatment or maltreatment of a child under the age of 18 years, as set

3-7  forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110,

3-8  432B.140 and 432B.150, under circumstances which indicate that

3-9  the child’s health or welfare is harmed or threatened with harm.

3-10      (b) “Allow” means to do nothing to prevent or stop the abuse or

3-11  neglect of a child in circumstances where the person knows or has

3-12  reason to know that the child is abused or neglected.

3-13      (c) “Permit” means permission that a reasonable person would

3-14  not grant and which amounts to a neglect of responsibility attending

3-15  the care, custody and control of a minor child.

3-16      (d) “Physical injury” means:

3-17          (1) Permanent or temporary disfigurement; [or]

3-18          (2) Impairment of any bodily function or organ of the body

3-19  [.] ; or

3-20          (3) Evidence of shaken baby syndrome.

3-21      (e) “Shaken baby syndrome” means a condition suffered by a

3-22  child who is shaken violently which:

3-23          (1) Results in subdural hematoma, intercranial

3-24  hemorrhage, retinal hemorrhage or other abusive head trauma;

3-25  and

3-26          (2) May be accompanied by impact trauma to the head that

3-27  may not be visible.

3-28      (f) “Substantial mental harm” means an injury to the intellectual

3-29  or psychological capacity or the emotional condition of a child as

3-30  evidenced by an observable and substantial impairment of the ability

3-31  of the child to function within his normal range of performance or

3-32  behavior.

 

3-33  H