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State of Nevada Laws: Lewdness, Indecent Exposure, and Obscenity

 

LEWDNESS AND INDECENT EXPOSURE

      NRS 201.210  Open or gross lewdness; penalty.

      1.  A person who commits any act of open or gross lewdness is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

      [Part 1911 C&P § 195; A 1921, 112; NCL § 10142]—(NRS A 1963, 63; 1965, 1465; 1967, 476; 1973, 95, 255, 1406; 1977, 866; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1199, 1327; 1997, 2501, 3188)

      NRS 201.220  Indecent or obscene exposure; penalty.

      1.  A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

      [Part 1911 C&P § 195; A 1921, 112; NCL § 10142]—(NRS A 1965, 1465; 1967, 476; 1973, 96, 255, 1406; 1977, 867; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1200, 1327; 1997, 2501, 3189)

      NRS 201.230  Lewdness with child under 14 years; penalties.

      1.  A person who willfully and lewdly commits any 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 or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.

      2.  Except as otherwise provided in subsection 3, a person who commits lewdness with a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  A person who commits lewdness with a child and who has been previously convicted of:

      (a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      4.  For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 5 of NRS 200.366.

      [1911 C&P § 195 1/2; added 1925, 17; A 1947, 24; 1943 NCL § 10143]—(NRS A 1961, 92; 1967, 477; 1973, 96, 255, 1406; 1977, 867, 1632; 1979, 1430; 1983, 207; 1991, 1009; 1995, 1200; 1997, 1722, 2502, 3190; 1999, 470, 472; 2003, 2826; 2005, 2877)

      NRS 201.232  Breast feeding: Legislative intent; authorized in any public or private location where mother is authorized to be.

      1.  The Legislature finds and declares that:

      (a) The medical profession in the United States recommends that children from birth to the age of 1 year should be breast fed, unless under particular circumstances it is medically inadvisable.

      (b) Despite the recommendation of the medical profession, statistics reveal a declining percentage of mothers who are choosing to breast feed their babies.

      (c) Many new mothers are now choosing to use formula rather than to breast feed even before they leave the hospital, and only a small percentage of all mothers are still breast feeding when their babies are 6 months old.

      (d) In addition to the benefit of improving bonding between mothers and their babies, breast feeding offers better nutrition, digestion and immunity for babies than does formula feeding, and it may increase the intelligence quotient of a child. Babies who are breast fed have lower rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrheal diseases, otitis media, allergies, obesity and developmental delays.

      (e) Breast feeding also provides significant benefits to the health of the mother, including protection against breast cancer and other cancers, osteoporosis and infections of the urinary tract. The incidence of breast cancer in the United States might be reduced by 25 percent if every woman breast fed all her children until they reached the age of 2 years.

      (f) The World Health Organization and the United Nations Children’s Fund have established as one of their major goals for the decade the encouragement of breast feeding.

      (g) The social constraints of modern society weigh against the choice of breast feeding and lead new mothers with demanding time schedules to opt for formula feeding to avoid embarrassment, social ostracism or criminal prosecution.

      (h) Any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between a mother and her baby, and no mother should be made to feel incriminated or socially ostracized for breast feeding her child.

      2.  Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.

      (Added to NRS by 1995, 126)

OBSCENITY

      NRS 201.235  Definitions.  In NRS 201.235 to 201.254, inclusive, unless the context otherwise requires:

      1.  “Community” means the area from which a jury is or would be selected for the court in which the action is tried.

      2.  “Item” includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, phonograph record or tape recording, videotape or videodisc, with or without music, or other similar items.

      3.  “Material” means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.

      4.  “Obscene” means any item, material or performance which:

      (a) An average person applying contemporary community standards would find, taken as a whole, appeals to prurient interest;

      (b) Taken as a whole lacks serious literary, artistic, political or scientific value; and

      (c) Does one of the following:

             (1) Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated.

             (2) Depicts or describes in a patently offensive way masturbation, excretory functions, sadism or masochism.

             (3) Lewdly exhibits the genitals.

Ê Appeal shall be judged with reference to ordinary adults, unless it appears, from the character of the material or the circumstances of its dissemination, to be designed for children or a clearly defined deviant group.

      5.  “Performance” means any play, motion picture, dance or other exhibition performed before an audience.

      [1911 C&P § 196; A 1955, 907]—(NRS A 1963, 1171; 1965, 584; 1971, 205, 493; 1979, 364)—(Substituted in revision for NRS 201.250)

      NRS 201.237  Exemptions.  The provisions of NRS 201.235 to 201.254, inclusive, do not apply to those universities, schools, museums or libraries which are operated by or are under the direct control of the State, or any political subdivision of the State, or to persons while acting as employees of such organizations.

      (Added to NRS by 1979, 363)

      NRS 201.239  Power of county, city or town to regulate obscenity.  The provisions of NRS 201.235 to 201.254, inclusive, do not preclude any county, city or town from adopting an ordinance further regulating obscenity if its provisions do not conflict with these statutes.

      (Added to NRS by 1979, 364)

      NRS 201.241  Action to declare item or material obscene and obtain injunction.

      1.  The district attorney or city attorney of any county or city, respectively, in which there is an item or material which he believes to be obscene, may file a complaint in the district court seeking to have the item or material declared obscene and to enjoin the possessor and the owner from selling, renting, exhibiting, reproducing, manufacturing or distributing it and from possessing it for any purpose other than personal use.

      2.  In such an action, no temporary restraining order may be issued.

      3.  A trial on the merits must be held not earlier than 5 days after the answer is filed nor later than 35 days after the complaint is filed. The court shall render a decision within 2 days after the conclusion of the trial.

      (Added to NRS by 1979, 363; A 1981, 1688)

      NRS 201.243  Evidence probative of obscenity of material or item.  In prosecutions under NRS 201.235 to 201.254, inclusive, evidence of circumstances of production, dissemination, sale or publicity of the material or item, which indicates it is being commercially exploited by the defendant for its prurient appeal, is probative of the obscenity of the material or item and can justify the conclusion that it is, taken as a whole, without serious literary, artistic, political or scientific value.

      (Added to NRS by 1979, 364)

      NRS 201.245  Surrender, seizure and destruction of obscene item or material; undertaking not required for injunction; defendant chargeable with knowledge of contents after service of summons and complaint.

      1.  If a final judgment declaring an item or material obscene is entered against its owner or possessor, the judgment shall contain a provision directing the owner or possessor to surrender to the sheriff of the county in which the action was brought the item or material declared obscene and a direction to the sheriff to seize and destroy it.

      2.  In any action brought to declare an item or material obscene, the district attorney or city attorney bringing the action is not required to file an undertaking before an injunction is issued.

      3.  A sheriff directed to seize an obscene item or material is not liable for damages sustained by reason of the injunction in cases where judgment ultimately is rendered in favor of the person, firm, association or corporation sought to be enjoined.

      4.  Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any allegedly obscene item or material, after service upon him of a summons and complaint in an action brought to declare an item or material obscene is chargeable with knowledge of the contents of the item or material.

      (Added to NRS by 1979, 363)

      NRS 201.247  Payment to city or county of value received from sale of obscene materials after judgment or injunction.  If a district court enters a judgment that an item or material is obscene and that item or material, or one substantially identical thereto, is sold after that judgment or injunction, the court shall order an accounting to determine the value of all money and other consideration received by the defendant which was derived from the obscene item or material after the court judged it to be obscene. The defendant shall pay a sum equivalent to that value into the general fund of the city or county which prosecuted the action.

      (Added to NRS by 1979, 364)

      NRS 201.249  Production, sale, distribution, exhibition and possession of obscene items or materials; penalty.  Except as otherwise provided in NRS 201.237 and except under the circumstances described in NRS 200.720 or 200.725, a person is guilty of a misdemeanor who knowingly:

      1.  Prints, produces or reproduces any obscene item or material for sale or commercial distribution.

      2.  Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item or material, or offers to do any such things.

      3.  Has in his possession with intent to sell, rent, transport or commercially distribute any obscene item or material.

      (Added to NRS by 1979, 364; A 1995, 951)

      NRS 201.251  Coercing acceptance of obscene articles or publications; penalty.

      1.  A person, firm, association or corporation shall not, as a condition to any sale, allocation, consignment or delivery for resale of any item or material, require that the purchaser or consignee receive for resale any other item or material which is obscene. A person, firm, association or corporation shall not deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, for the failure or refusal of any person to accept any obscene item or material or for the return thereof.

      2.  A person, firm, association or corporation who violates any provision of this section is guilty of a misdemeanor.

      (Added to NRS by 1979, 364)

      NRS 201.253  Obscene, indecent or immoral shows, acts or performances; penalty.  Except under the circumstances described in NRS 200.710, every person who knowingly causes to be performed or exhibited, or engages in the performance or exhibition of, any obscene, indecent or immoral show, act or performance is guilty of a misdemeanor.

      (Added to NRS by 1967, 482; A 1995, 952)

      NRS 201.254  Exemption of stagehands and movie projectionists from criminal liability when possessing or exhibiting obscene material directly related to their work.  A motion picture machine operator or a stagehand is not criminally liable for exhibiting or possessing with the intent to exhibit any obscene material if:

      1.  Such exhibition or possession is a part of the motion picture he is projecting or part of the stage show for which he is employed as a stagehand; and

      2.  The operator or stagehand has no financial interest, except wages, and no managerial responsibility in his place of employment.

      (Added to NRS by 1969, 352)

OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS

      NRS 201.255  Penalties.

      1.  Any person who willfully makes a telephone call and addresses any obscene language, representation or suggestion to or about any person receiving such call or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of his family is guilty of a misdemeanor.

      2.  Every person who makes a telephone call with intent to annoy another is, whether or not conversation ensues from making the telephone call, guilty of a misdemeanor.

      3.  Any violation of subsections 1 and 2 is committed at the place at which the telephone call or calls were made and at the place where the telephone call or calls were received, and may be prosecuted at either place.

      (Added to NRS by 1967, 98; A 1971, 855)

EXHIBITION AND SALE OF OBSCENE MATERIAL TO MINORS

      NRS 201.256  Definitions.  As used in NRS 201.256 to 201.2655, inclusive, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 513; A 1997, 1314, 2662)

      NRS 201.2565  “Distribute” defined.  “Distribute” means to transfer possession with or without consideration.

      (Added to NRS by 1997, 2662)

      NRS 201.257  “Harmful to minors” defined.  “Harmful to minors” means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and is without serious literary, artistic, political or scientific value.

      (Added to NRS by 1969, 513; A 1981, 1689)

      NRS 201.2581  “Material” defined.  “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.

      (Added to NRS by 1997, 2662)

      NRS 201.259  “Minor” defined.  “Minor” means any person under the age of 18 years, but as applied to the showing of a motion picture excludes any person employed on the premises where the motion picture is shown.

      (Added to NRS by 1969, 513)

      NRS 201.2595  “Motion picture” defined.  “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,

Ê and includes, without limitation, a cartoon or an animated film.

      (Added to NRS by 1997, 1314; A 1997, 2663)

      NRS 201.261  “Nudity” defined.  “Nudity” means:

      1.  The showing of the human female breast with less than a fully opaque covering of any portion of the areola and nipple;

      2.  The showing of the human male or female genitals or pubic area with less than a fully opaque covering of any portion thereof; or

      3.  The depiction of the human male genitals in a discernible turgid state whether or not covered.

      (Added to NRS by 1969, 513; A 1999, 1360)

      NRS 201.262  “Sado-masochistic abuse” defined.  “Sado-masochistic abuse” means:

      1.  Flagellation or torture practiced by or upon a person whether or not clad in undergarments, a mask or bizarre costume; or

      2.  The condition of being fettered, bound or otherwise physically restrained.

      (Added to NRS by 1969, 513; A 1981, 1689)

      NRS 201.263  “Sexual conduct” defined.  “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals or pubic area.

      (Added to NRS by 1969, 513)

      NRS 201.264  “Sexual excitement” defined.  “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.

      (Added to NRS by 1969, 513)

      NRS 201.265  Unlawful acts; penalty.  Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560, a person is guilty of a misdemeanor if the person knowingly:

      1.  Distributes or causes to be distributed to a minor 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 to examine material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.

      3.  Sells to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration 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:

      (a) Distributing to the minor material that is harmful to minors; or

      (b) Obtaining admission of the minor to any presentation of material that is harmful to minors.

      5.  Misrepresents his age as 18 or over for the purpose of obtaining:

      (a) Material that is harmful to minors; or

      (b) Admission to any 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.”

      (Added to NRS by 1969, 513; A 1971, 161, 495; 1981, 1689; 1995, 952; 1997, 1314, 2662; 2003, 430, 1375)

      NRS 201.2655  Exemptions.  The provisions of NRS 201.256 to 201.2655, inclusive, 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.

      (Added to NRS by 1997, 2662)

 Weblink on Nevada Legislature page: http://www.leg.state.nv.us/NRS/NRS-201.html#NRS201Sec210 

 

 
 

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