SB 28 — Revises provisions of the Nevada Code of Military Justice. (BDR 36-261)

S.B.Senate Bill No.

2828–Committee Son ENATEGovernment BAffairs ILLNCHAPTER.......... O.

28–COMMITTEE ON GOVERNMENT A FFAIRS (ON B EHALF OF THE O FFICE OF THEM ILITARY ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions of the Nevada Code of Military Justice.

(BDR 36-261) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 412.5485) Section 3 of this bill makes the existing Code regarding sexual assault consistent with the provisions of the Uniform Code of Military Justice of the Armed Forces of the United States and a directive from the United States Department of Defense Sectionrelating 3 removes the reference to sexual misconductassault. and provides that a person is - *SB28* – 2 – guilty of sexual assault if he or she engages in or attempts to engage in intentional sexual contact with another person and such sexual contact:

(1)(10 isU.S.C. characterized by victim does not or cannot consent.

Section§ 3920; also defines the term “consent” andn the specifies the circumstances that do not constitute consent and the circumstances in which a person cannot provide consent.

SectionDOD 3Dir. additionally revises the definition of the term “sexual contact.” THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

6495.01, January 23, 2012) Section 3 removes the reference to sexual misconduct and provides that a person is sexual contact with another person and such sexual contact:

(1) is characterized byal the use of force, threats, intimidation or abuse of authority;

or (2) occurs when the victim does not or cannot consent.

Section 3 also defines the term “consent” and specifies the circumstances that do not constitute consent and the circumstances in which a person cannot provide consent.

Section 3 additionally revises the definition of the term “sexual contact.” EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Any person subject to this Code who engages in or attempts to engage in influencing, offering to influence or threatening the - 81st Session (2021) – 2 – career, pay or job of another person in exchange for sexual favors or who makes deliberate or repeated offensive comments or gestures of a sexual nature to or in the presence of another person is guilty of sexual harassment and shall be punished by way of nonjudicialnonSec. punishment or as a court-martial may direct.

Sec.2.l pNRS 412.452 is hereby amended to read as follows:

2.

NRS 412.452 is hereby amended to read as follows:

(a)(a)(1) [“Nonconsensual”]Using “Consent”force meansagainst [:the other person before consent or to gain consent;

(1)(2) UsingCausing forcegrievous againstbodily theharm other person before consent or to gaina consent;person;

- *SB28* – 3 – (2) Causing grievous bodily harm to a person;

- 81st Session (2021) – 3 – (1) There is no consent if a person expresses a lack of consent through words or conduct.

or (IV)(3) TheA mannerperson ofcannot dressprovide ofconsent:rson. a person.

(3) A person cannot provide consent:

- *SB28* – 4 – Sec.

H~~~~~ 21 - *SB28*81st Session (2021)