AB 35 — Revises provisions relating to pornography involving minors. (BDR 15-448)

(r) Any other offense that has an element involving a sexual act or sexual(s) conductAny withattempt anotheror person;conspiracy to commit an offense listed in this subsection.

or (s) Any attempt or conspiracy to commit an offense listed in this subsection.

- *AB35_R1* – 5 – (6) Battery that constitutes domestic violence, other than a batterypreceding described3 inyears;in subparagraph (5), within the immediately preceding(7) 3Sexual years;assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime;

(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime;

- 83rd Session (2025) – 5 – (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

The public institution or agency or the licensing authority, as applicable, may exchange with the Central Repository or the Federal - *AB35_R1* – 6 – Bureau of Investigation any information concerning the fingerprints submitted.

A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child without supervision in a public or private institution or agency to which- a83rd juvenileSession court(2025) commits– a6 child,– including, without limitation, a facility for the detention of children, before the investigation of the background and personal history of the person has been conducted.

or (2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.1.ly one Sec.

Sec.

and - *AB35_R1* – 7 – (b) The form or procedure that must be used to request disclosure pursuant to NRS 62D.440.

(a) Sexual assault pursuant to NRS 200.366;

- 83rd Session (2025) – 7 – (g) Sexual penetration of a dead human body pursuant to NRS 201.450;

or (i)Sec. An attempt to commit an offense listed in this subsection.

Sec.

NRS 62F.100 is hereby amended to read as follows:follows:ion.

(a) Sexual assault pursuant to NRS 200.366;

- *AB35_R1* – 8 – (d) An attempt or conspiracy to commit an offense listed in paragraph (a), (b) or (c), if punishable as a felony;

or - 83rd Session (2025) – 8 – (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

62G.223secure 1.from appropriate law enforcement agencies information onl the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

(8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

- *AB35_R1* – 9 – (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other - 83rd Session (2025) – 9 – than a violation described in subparagraph (11), within the immediately preceding 3 years;

(13) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services,services:services, must submit to the department of juvenile justice(a) services:A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(a)and A(b) completeWritten setauthorization for the department of hisjuvenile orjustice herservices fingerprintsto andobtain writtenany authorizationinformation tothat forwardmay thosebe fingerprintsavailable tofrom the Statewide Central RepositoryRegistry foror Nevadathe Recordscentral registry of Criminalinformation Historyconcerning forthe submissionabuse toor neglect of a child established by any other state in which the Federalapplicant Bureauor ofemployee Investigationresided forwithin itsthe report;immediately preceding 5 years.

and (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other - *AB35_R1* – 10 – state in which the applicant or employee resided within the immediately preceding 5 years.

- 83rd Session (2025) – 10 – 5.

When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

(3) Assault with intent to kill or to commit sexual assault or mayhem;mayhem(4) Battery which results in substantial bodily harm to the victim;

(4) Battery which results in substantial bodily harm to the victim;

- *AB35_R1* – 11 – (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

- 83rd Session (2025) – 11 – (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

(10) A violation of any federal or state law regulating the possession,dangerous distributiondrug oras usedefined ofin anychapter controlled454 of NRS;d substance or any dangerous(11) drugA asviolation definedof any federal or state law prohibiting driving or being in chapteractual 454physical control of NRS;a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

(11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

2.information from:ent of juvenile justice services shall request (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee;

A department of juvenile justice services shall request information from:

(a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee;

- *AB35_R1*83rd Session (2025) – 12 – (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

and (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from thethece Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRSNRSSec. 432.100.

Sec.

The officer shall use the fingerprints- taken83rd fromSession the(2025) child– to13 make– an immediate comparison with the latent fingerprints.

If the comparison is:is:ate comparison (a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

- *AB35_R1* – 13 – (a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child may petition the juvenile court for the removal of the fingerprints from any local file or local system.

and (2) Officers and employees of the Central Repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining- to83rd theSession child(2025) under– special14 security– measures which provide that the photographs may be inspected only to conduct criminal investigations and photographic lineups.

If the juvenile - *AB35_R1* – 14 – court subsequently determines that the child is not delinquent, the juvenile court shall order the photographs to be destroyed.

(g)(h) IndecentLewdness orwith obscenea exposurechild pursuant to NRS 201.220;201.230;01.220;

(h) Lewdness with a child pursuant to NRS 201.230;

For each child adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the Division of Child and Family Services shall collect from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the DepartmentDep(a) ofThe Healthinformation andlisted Humanin Services:NRS 62H.210;

(a) The information listed in NRS 62H.210;

- 83rd Session (2025) – 15 – 2.

3.information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 62H.320.

Except as otherwise provided in NRS 239.0115, all information containing the name of the child and all information - *AB35_R1* – 15 – relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 62H.320.

(l)(k), Aninclusive;pt attempt to commit an offense listed in paragraphs (a) to (k),(m) inclusive;An offense that is determined to be sexually motivated pursuant to NRS 175.547;

(m) An offense that is determined to be sexually motivated pursuant to NRS 175.547;

(c)- Battery83rd Session (2025) – 16 – NRS 200.400;ry with intent to commit sexual assault pursuant to (d) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.400;200.710 to 200.730, inclusive;

(d) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

- *AB35_R1* – 16 – (h) Lewdness with a child pursuant to NRS 201.230;

or (m) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in thisthisf subsection.

(a) The appropriate agency which provides child welfare services shall provide the Indian child’s tribe and proposed tribal customary adoptive parents with a written report on the Indian child, including, without limitation, to the extent not otherwise prohibited by state or federal law, the medical background, if known, of the Indian child’s parents, and the Indian child’s educational information, developmental history and medical background, including all known diagnostic information, current medical reports andand(b) anyThe psychologicalcourt evaluations.shall accept a tribal customary adoptive home study conducted by the Indian child’s tribe if the home study:

(b) The court shall accept a tribal customary adoptive home study conducted by the Indian child’s tribe if the home study:

(3)- Includes83rd anSession evaluation(2025) of– the17 background,– safety and health information of the proposed adoptive placement, including the biological, psychological and social factors of the proposed adoptive placement and assessment of the commitment, capability and suitability of the proposed adoptive placement to meet the Indian child’s needs;

(c) Notwithstanding subsection 2, the court may not accept the tribe’s order or judgment of tribal customary adoption if any adult - *AB35_R1* – 17 – living in the proposed adoptive placement has a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child [pornography,] sexual abuse material, or a crime involving violence.

The definition must include rape, sexual assault and homicide, but must notnot2. include other physical assault or battery.

2.

and (3)Indian Doeschild’s notparents includeor anyIndian childcustodian.rt support obligation from the Indian child’sThe parentscourt shall afford full faith and credit to a tribal customary adoption order or Indianjudgment custodian.that is accepted under this subsection.

 The court shall afford full faith and credit to a tribal customary adoption order or judgment that is accepted under this subsection.

- 83rd Session (2025) – 18 – 4.

In addition to the requirements under NRS 127.151, the order or decree of adoption must include a statement that any parental rights or obligations not specified in the order or decree are transferred to the tribal customary adoptive parents and a description of any parental rights or duties retained by the Indian child’s parents, the rights of inheritance of the parents and Indian child and the Indian child’s legal relationship with the child’s tribe.

- *AB35_R1* – 18 – 6.

The Division shall adopt regulations requiring that any report regarding a ward who is an Indian child that an agency which provides child welfare services submits to the court, including any home studies, placement reports or other reports required by law must address tribal customary adoption as a permanency option.

(a)- A83rd psychiatristSession licensed(2025) to– practice19 medicine– in this State and certified by the American Board of Psychiatry and Neurology, Inc.;Inc.;and (b) A psychologist licensed to practice in this State;

(b) A psychologist licensed to practice in this State;

- *AB35_R1* – 19 – (a) Sexual assault pursuant to NRS 200.366;

(b) Statutory sexual seduction pursuant to NRS 200.368, if punishedpun(c) asBattery awith felony;intent to commit sexual assault pursuant to NRS 200.400;

(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

(j) Lewdness with a child pursuant to NRS 201.230;

(p)- An83rd attemptSession to(2025) commit– an20 offense– listed in paragraphs (a) to (o), inclusive, if punished as a felony;

orored in paragraphs (a) to (q) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

or (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this State who is trained to conduct psychosexual evaluations or a - *AB35_R1* – 20 – psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology, Inc., and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

(a) Attempted sexual assault of a person who is 16 years of age or older(b) Statutory sexual seduction pursuant to NRS 200.366.200.368.

(b) Statutory sexual seduction pursuant to NRS 200.368.

- 83rd Session (2025) – 21 – (g) Incest pursuant to NRS 201.180.

(k)NRS Sexual201.450.l penetration of a dead human body pursuant to (l) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.450.201.540.

(l) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

- *AB35_R1* – 21 – Sec.

Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive, luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of NRS 201.553 which involved the use of an electronic communication device and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

or (c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge- of83rd theSession defendant(2025) that– 22 – unavailable to the company.that is unique and is otherwise unavailable3. to the company.

3.

(e) “Text messaging” has the meaning ascribed to it in NRS 200.575.

-messaging” *AB35_R1*has –the 22meaning –ascribed to it in Sec.

(a)(b) InBy writing;telephone through an automated or computerized system of notification, if such a system is available.

or (b) By telephone through an automated or computerized system of notification, if such a system is available.

(2)- The83rd formSession that(2025) the– witness23 must– use to request notification in writing;

andandform that the witness must use to request notification (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

The following persons are entitled to receive documentation pursuantpur(a) toA paragraphperson (b)against ofwhom subsectionthe 3:offense is committed.

(a) A person against whom the offense is committed.

- *AB35_R1* – 23 – (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

6.of NRS 200.366 or a violation of subsection 1, paragraph (a) ofion 3 subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

and (c)- The83rd victim,Session if(2025) the– victim24 will– be 18 years of age or older at the time of the release and has provided a current address, older at  before the offender is released from prison.

(4) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;inclus(5) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975;

(5) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975;

- *AB35_R1* – 24 – (10) Sexual penetration of a dead human body pursuant to NRS 201.450;

(14) An offense that, pursuant to a specific statute, is determineddeterm(15) An attempt to becommit sexuallyan motivated;offense listed in this paragraph.

or (15) An attempt to commit an offense listed in this paragraph.

(a)- A83rd categorySession A(2025) felony,– a25 crime– of violence or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under aarom actual suspended sentence, whichever occurs later;

or - *AB35_R1* – 25 – (g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

(a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records of CriminalCri(b) History;If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

(b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

(d)- Include83rd informationSession that,(2025) to– the26 best– knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

The prosecuting attorney and any person having relevant evidencepetition.may may testify and present evidence at any hearing on the petition.4.

4.

At the hearing, unless an objecting party presents - *AB35_R1* – 26 – evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.

If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor the moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are- reasonably83rd knownSession by(2025) either– 27 – possession of such records.her the petitioner or the court to have possession6. of such records.

6.

(g) A violation of NRS 488.410 that is punishable as a felony pursuantpur(h) toA violation of NRS 488.427;488.420 or 488.425.

or (h) A violation of NRS 488.420 or 488.425.

- *AB35_R1* – 27 – 8.

If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose recordsproceeding arein sealed,which the courtrecords maywere ordersealed.ed sealed all records of the civil proceeding9. in which the records were sealed.

9.

As used in this subsection, “fee” includes, without limitation, any fee to file a petition, obtain fingerprints if provided by a governmental agency of this State, obtain any records of criminal- history,83rd obtainSession records(2025) of– past28 arrests– and convictions or obtain or certify copies of documents pursuant to NRS 19.013 and or any other fee related to the sealing of records pursuant to this section.

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

-punishable *AB35_R1*as –a 28felony.s –lewdness (11)pursuant Opento NRS 201.210, if (12) Indecent or grossobscene lewdnessexposure pursuant to NRS 201.210,201.220, if punishable as a felony.

(12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

(16)- Sexual83rd conductSession between(2025) certain– employees29 of– a college or university and a student pursuant to NRS 201.550.201.550.of a college (17) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

(17) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

(f) Incest under NRS 201.180;

(c) Statutory sexual seduction pursuant to NRS 200.368.

- *AB35_R1* – 29 – (e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this subsection.

(f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission- of83rd aSession crime(2025) of– violence,30 – offense listed in this section.ce, if the crime of violence is an offense(g) listedAbuse inof thisa section.child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

(p)university Sexualand conducta betweenstudent certainpursuant employeesto ofNRS 201.550.f a college or university(q) andLuring a studentchild or a person with mental illness pursuant to NRS 201.550.201.560, if punished as a felony.

(q) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

(2)United AStates.ourt court of the United States or the Armed Forces of the United(w) States.An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense.

(w) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in - *AB35_R1* – 30 – which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense.

- 83rd Session (2025) – 31 – (2) A court of the United States or the Armed Forces of the United States.

Except for the offenses described in paragraphs (o) and (p) ofconsensual subsectionsexual 1,conduct if the termvictim doeswas:n notoffense includeinvolving an(a) offenseAn involvingadult, consensualunless sexualthe conductadult ifwas under the victimcustodial was:authority of the offender at the time of the offense;

(a)or An(b) adult,At unlessleast 13 years of age and the adultoffender was undernot themore custodialthan authorityyears ofolder than the offendervictim at the time of the offense;commission of the offense.

or (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

or (e) Any other offense that is comparable to or more severe than thethe2.ffeInvolves offensesan attempt or conspiracy to commit any offense described in 34subsection U.S.C.1;

§ 20911(3);

2.

Involves an attempt or conspiracy to commit any offense described in subsection 1;

- *AB35_R1* – 31 – Sec.

Except as otherwise provided in subsection 2, if the Board releases on parole a prisoner convicted of stalking with the- use83rd ofSession an(2025) Internet– or32 network– site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive, luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of NRS 201.553 which involved the use of an electronic communication device, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

(b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge;

ororerning technology of which the defendant has a unique (c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.

(b) “Electronic communication device” has the meaning asc(c) “Network” has the meaning ascribed to it in NRS 200.737.205.4745.

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

- *AB35_R1*83rd Session (2025) – 3233 – 2.

In the case of a minor who was involved in the production of [pornography] child sexual abuse material in violation of NRS 200.710, 200.720, 200.725 or 200.730, any harm which results in a need for medical treatment or any psychological or psychiatric counseling,cou3.eliAny orharm both;which results from sexual abuse;

3.

Any harm which results from sexual abuse;

(f) An older person or a vulnerable person who is abused, neglected,200.5099 exploited,or isolated200.50995;isolated or abandoned in violation of NRS 200.5099(g) A person who is physically injured or 200.50995;killed as the direct result of an act of international terrorism as defined in 18 U.S.C.

(g) A person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C.

or - 83rd Session (2025) – 34 – (3) Was killed.

- *AB35_R1* – 33 – 2.

(a) The person is a resident of this State, a citizen of the United StatesSta(b) orThe isact lawfullywas entitledcommitted toby residean inadult theor Uniteda minor.ed States;

or (b)Sec. The act was committed by an adult or a minor.

Sec.

Except as otherwise provided in subsection 5, any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, may apply to the Director for such compensation not later than 24 months after the injury or death for which compensation is claimed or, for a person who is a victim of sex trafficking or facilitating sex trafficking, not later than 60 months after the injury or death for which compensation is claimed, unless waived by the Director or a person designated by the Director for good cause shown, and the personal injury or death was the result of an incident or offense that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.

(b) Mentally incapacitated, the application may be made on his administer his or her behalfestate.ardian by a parent, guardian or other person authorized to administer4. his or her estate.

4.

- 83rd Session (2025) – 35 – (b) “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

- *AB35_R1* – 34 – Sec.

The Legislative Counsel shall, to the extent practicable, ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes usingusingnitive language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disability as follows:

(a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, “addictive disorder,” “persons with addictive disorders,” “person with an addictive disorder,”and “person“substance withuse andisorder.”dictive addictive disorder related to gambling” and “substance use disorder.” (b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “addict,” “alcoholic,” “alcohol abuse,” “alcohol abuser,” “alcohol and drug abuser,” “drug abuse,” “drug addict,” “problem gambler,” “substance abuse” and “substance abuser.” 3.

- 83rd Session (2025) – 36 – (b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “insane” and “insanity.” - *AB35_R1* – 35 – 4.

The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons who are deaf or hard of hearing are referred to in Nevada Revised Statutes using language that isising commonly viewed as respectful and sentence structure that refers to the person before referring to his or her condition.

(1) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, “person living with the human immunodeficiency virus” and “person diagnosed with the human immunodeficiency virus.” (2) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “HIV positive” and “human immunodeficiency virus positive.” (b) The human immunodeficiency virus is referred to in Nevada Revised Statutes using language that refers only to the human immunodeficiency virus or HIV rather than using duplicative references to both the human immunodeficiency virus or HIV and acquired immunodeficiency syndrome, acquired immune deficiency syndrome or AIDS.

(a)- Words83rd andSession terms(2025) that– are37 preferred– in Nevada Revised Statutes include, without limitation, “child sexual abuse material” and words and terms that are structured in a similar manner.

(b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “child pornography.” - *AB35_R1* – 36 – Sec.

2.

It is the policy of this State that:

(d) Terms related to persons who are deaf or hard of hearing are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her condition;

and (f) Terms related to items or materials that depict or describe a minor as the subject of a sexual portrayal or engaging in or - 83rd Session (2025) – 38 – simulating, or assisting others to engage in or simulate, sexual conduct are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure which clearly indicates that a minor depicted or described in any such item or material is a victim,  in the same manner as provided in NRS 220.125 for Nevada Revised Statutes.

- *AB35_R1* – 37 – 3.

The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, and resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for, has charges pendingpen(a) forMurder, orvoluntary hasmanslaughter beenor convictedmayhem; of:

(a) Murder, voluntary manslaughter or mayhem;

(g) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation- of83rd anySession provision(2025) of– NRS39 200.5091– to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(i) Any offense relating to [pornography involving minors,] child sexual abuse material, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or - *AB35_R1* – 38 – a law of any other jurisdiction that prohibits the same or similar conduct;

(l) A crime involving domestic violence that is punishable as a misdemeanor,mis(m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

(m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

A licensing authority or a person or entity designated by the licensing authority may conduct an investigation of the background and personal history of a person who is 18 years of age or older who routinelydescribed supervisesin asubsection child1.ld in a foster home in the same manner as described3. in subsection 1.

3.

Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to subsection 1 shall not have contact with a child in a foster home without- supervision83rd beforeSession the(2025) investigation– of40 the– background and personal history of the person has been conducted.conducted.e background and 5.

5.

- *AB35_R1* – 39 – Sec.

The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

(g) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(i) Any offense relating to [pornography involving minors,] child sexual abuse material, including, without limitation, a violation- of83rd anySession provision(2025) of– NRS41 200.700– to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similarsimilarr conduct;

- *AB35_R1* – 40 – (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

(n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor, including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initialinitialpursuant investigation.

- 83rd Session (2025) – 42 – 3.

(a) Used in the production of [pornography] child sexual abuse material in violation of the provisions of NRS 200.710 [;] to 200.730,200(b) inclusive;Subjected to sexual exploitation as defined in NRS 432B.110;

(b) Subjected to sexual exploitation as defined in NRS 432B.110;

- *AB35_R1* – 41 – Sec.

Subject to the provisions of subsection 7, the Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

(f)- Arson;83rd Session (2025) – 43 – (g) Assault;

(g) Assault;

(j) Any offense relating to the possession or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 5 years;

(l) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, - *AB35_R1* – 42 – inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(m) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of propertypropertyary, within the immediately preceding 7 years;

(a) The Central Repository for Nevada Records of Criminal History for its report concerning a conviction in this State of any of the crimes set forth in subsection 2 and for submission to the Federal Bureau of Investigation for its report pursuant to NRS 432A.175;

- 83rd Session (2025) – 44 – 4.

(a) Employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older for an initial background check not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program and before the employee, resident or participant has direct contact with any child at the child care facility, and then at least once every 5 years thereafter.

- *AB35_R1* – 43 – (c) Operator of a small child care establishment before the operator begins operating the establishment, and then at least once every 5 years after the establishment begins operating.

The provisions of subsections 2, 3 and 5 apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of or the Department pursuant to NRS 432A.1756.

- 83rd Session (2025) – 45 – (4) Battery which results in substantial bodily harm to the victim;

(6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediatelyimmediatelythan a preceding 3 years;

(10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any - *AB35_R1* – 44 – dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years;

(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within thethence, other immediately preceding 3 years;

- 83rd Session (2025) – 46 – (a) The Statewide Central Registry concerning an applicant for employment with the agency, or an employee of the agency, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee;

and (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which thethee or applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

- *AB35_R1* – 45 – 4.

When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the agency which provides child welfare services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

- 83rd Session (2025) – 47 – (1) Decline charging the applicant or employee with a crime listed in paragraph (a) of subsection 1;

or (2) Proceed with charges against the applicant or employee for only one or more crimes not listed in paragraph (a) of subsectionsub8.ctiAs 1.used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

8.

As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

- *AB35_R1* – 46 – (5) Battery that constitutes domestic violence that is punishable as a felony;

(6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately precedingpreced(7) 3Sexual years;assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime;

(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime;

- 83rd Session (2025) – 48 – (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

- *AB35_R1* – 47 – 3.

4.to this section for the reasonable cost of that investigation.t 5.

The Division may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.

5.

- 83rd Session (2025) – 49 – 7.

For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is listed arrested for such a crime and ends when:

H~~~~~ 25 - *AB35_R1*83rd Session (2025)