Statutes | Ely Shoshone Tribe of Nevada V Chapter 201 ยง 201.560 | 2019

 1.&ensp&enspExcept 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)&enspA 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&rsquos home or from any location known to the child&rsquos 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)&enspWithout the express consent of the parent or guardian or other person legally responsible for the child and

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

      (b)&enspAnother 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.&ensp&enspExcept 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)&enspFor 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)&enspWithout the express consent of the person legally responsible for the person with mental illness and

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

      3.&ensp&enspThe 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.&ensp&enspA person who violates or attempts to violate the provisions of this section through the use of a computer, system or network:

      (a)&enspWith 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)&enspBy 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)&enspIf paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      5.&ensp&enspA 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)&enspWith 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)&enspBy 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)&enspIf paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      6.&ensp&enspAs used in this section:

      (a)&ensp&ldquoComputer&rdquo has the meaning ascribed to it in NRS 205.4735.

      (b)&ensp&ldquoHarmful to minors&rdquo has the meaning ascribed to it in NRS 201.257.

      (c)&ensp&ldquoMaterial&rdquo 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)&ensp&ldquoNetwork&rdquo has the meaning ascribed to it in NRS 205.4745.

      (e)&ensp&ldquoPerson with mental illness&rdquo 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)&ensp&ldquoSexual conduct&rdquo has the meaning ascribed to it in NRS 201.520.

      (g)&ensp&ldquoSystem&rdquo has the meaning ascribed to it in NRS 205.476.

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