Nev. Rev. Stat. » NRS: CHAPTER 201 - CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS

Nev. Rev. Stat. § 201.560

Definitions; exceptions; penalties

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NRS 201.560  Definitions; exceptions; penalties.

      1.  Except as otherwise provided in subsection 3, a person commits the crime of luring a child if the person knowingly contacts or communicates with or attempts to contact or communicate with:

      (a) A child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from the child’s home or from any location known to the child’s parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:

             (1) Without the express consent of the parent or guardian or other person legally responsible for the child; and

             (2) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child; or

      (b) Another person whom he or she believes to be a child who is less than 16 years of age and at least 5 years younger than he or she is, regardless of the actual age of that other person, with the intent to solicit, persuade or lure the person to engage in sexual conduct.

      2.  Except as otherwise provided in subsection 3, a person commits the crime of luring a person with mental illness if the person knowingly contacts or communicates with a person with mental illness with the intent to persuade, lure or transport the person with mental illness away from his or her home or from any location known to any person legally responsible for the person with mental illness to a place other than where the person with mental illness is located:

      (a) For any purpose that a reasonable person under the circumstances would know would endanger the health, safety or welfare of the person with mental illness;

      (b) Without the express consent of the person legally responsible for the person with mental illness; and

      (c) With the intent to avoid the consent of the person legally responsible for the person with mental illness.

      3.  The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child, person believed to be a child or person with mental illness.

      4.  A person who violates or attempts to violate the provisions of this section through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;

      (b) By providing the child, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      5.  A person who violates or attempts to violate the provisions of this section in a manner other than through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and may be further punished by a fine of not more than $10,000;

      (b) By providing the child, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and may be further punished by a fine of not more than $10,000; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      6.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Harmful to minors” has the meaning ascribed to it in NRS 201.257.

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

      (d) “Network” has the meaning ascribed to it in NRS 205.4745.

      (e) “Person with mental illness” means a person who has any mental dysfunction leading to impaired ability to maintain himself or herself and to function effectively in his or her life situation without external support.

      (f) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.

      (g) “System” has the meaning ascribed to it in NRS 205.476.

      (Added to NRS by 2001, 2786; A 2003, 431, 1376; 2007, 183; 2013, 1155)

CRIMINAL GANG RECRUITMENT

     

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2006–2021 · leading case: State v. Colosimo
Sort: Relevance Newest Treatment
State v. Colosimo (2006) nev · cites it 4× “: In this appeal, we consider the constitutionality of NRS 201.560, Nevada’s statute criminalizing the use of technology to lure children away from their parents or guardians.”
Johnson v. State (2007) nev · cites it 13× “In this opinion, we consider whether a defendant may be convicted of attempting to lure a child under NRS 201.560 when the "child" is actually an undercover law enforcement officer posing on the Internet as a child.”
Shaffer v. State (2010) missctapp · cites it 6× “Colosimo was apprehended after he arrived at a predetermined meeting location and was charged with violating NRS 201.560(1), which stated that: a person shall not knowingly contact or communicate with or attempt to contact or communicate with a child who is less than 16 years of…”
Austin v. State (2007) nev · cites it 2× “450; (l) Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony; (m) An attempt to commit an offense listed in paragraphs (a) to (1), inclusive, if punished as a felony; or (n) An offense that is determined to be sexually motivated pursuant to NRS…”
MOORE (MAURICE) VS. STATE (2020) nev · cites it 2× “730 (criminalizing the possession of a visual presentation of a child under the age of 16 involved in a sexual act); NRS 201.560 (luring a child under the age of 16); NRS 207.”
TIFFEE VS. EIGHTH JUDICIAL DIST. CT (2021) nev · cites it 4× “245(8)(b)(16) (defining as a sexual offense "[Buring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony").”
United States v. Johnson (2006) nvd · cites it 8× “Heydon arrested Defendant, without a warrant, under charges of using technology to lure a child under the age of 16 from her home and with the intent to engage in sexual conduct with the minor in violation of section 201.560 of the Nevada Revised Statutes, and attempted…”
Nemcek (Mark) v. State (2016) nev “330(a)(1); NRS 201.560(4)(a), and it is within the district court's discretion to impose a sentence different from that recommended by the Division, Collins v.”
Pigeon (Christopher) v. State (2017) nev “NRS 201.560(1), (5). The State alleged that Pigeon committed the crime of luring a child with the intent to engage in sexual conduct in the following manner: "by Defendant following said [minor] to her school and/or a convenient store and interacting with said minor on multiple…”
Douglas v. State (2008) nev “(l) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony. (m) An attempt to commit an offense listed in paragraphs (a) to (1), inclusive.”
— Nev. Rev. Stat. § 201.560(1) — 3 cases
Shaffer v. State (2010) missctapp “Colosimo was apprehended after he arrived at a predetermined meeting location and was charged with violating NRS 201.560(1), which stated that: a person shall not knowingly contact or communicate with or attempt to contact or communicate with a child who is less than 16 years of…”
State v. Colosimo (2006) nev “: In this appeal, we consider the constitutionality of NRS 201.560, Nevada’s statute criminalizing the use of technology to lure children away from their parents or guardians.”
Pigeon (Christopher) v. State (2017) nev “NRS 201.560(1), (5). The State alleged that Pigeon committed the crime of luring a child with the intent to engage in sexual conduct in the following manner: "by Defendant following said [minor] to her school and/or a convenient store and interacting with said minor on multiple…”
— Nev. Rev. Stat. § 201.560(4) — 1 case
TIFFEE VS. EIGHTH JUDICIAL DIST. CT (2021) nev “245(8)(b)(16) (defining as a sexual offense "[Buring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony").”
— Nev. Rev. Stat. § 201.560(4)(a) — 4 cases
Shaffer v. State (2010) missctapp “Colosimo was apprehended after he arrived at a predetermined meeting location and was charged with violating NRS 201.560(1), which stated that: a person shall not knowingly contact or communicate with or attempt to contact or communicate with a child who is less than 16 years of…”
State v. Colosimo (2006) nev “: In this appeal, we consider the constitutionality of NRS 201.560, Nevada’s statute criminalizing the use of technology to lure children away from their parents or guardians.”
Johnson v. State (2007) nev “In this opinion, we consider whether a defendant may be convicted of attempting to lure a child under NRS 201.560 when the "child" is actually an undercover law enforcement officer posing on the Internet as a child.”
Nemcek (Mark) v. State (2016) nev “330(a)(1); NRS 201.560(4)(a), and it is within the district court's discretion to impose a sentence different from that recommended by the Division, Collins v.”
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