LURING CHILDREN OR PERSONS WITH MENTAL
ILLNESS
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)
