SB 263 — Revises provisions relating to pornography involving minors. (BDR 15-520)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on May 26, 2025) FIRST REPRINT S.B.

263263–Senators SCannizzaro, ENATEPazina, BDondero ILLNLoop, O.Nguyen and Doñate Joint Sponsors:

263–SENATORSAssemblymembers CANNIZZARODalia, ,Hardy, PAZINA,Gray, DYeager ONDEROand LMarzola OOPCHAPTER.......... , GUYEN AND D OÑATE M ARCH 3, 2025 ____________ JOINT S PONSORS :

ASSEMBLYMEMBERS D ALIA , H ARDY , GRAY , YEAGER AND M ARZOLA ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to pornography involving minors.

(BDR 15-520) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

LegExistingLegislative lawCounsel’s providesDigest: that a person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a category B felony, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, or by a fine of not more than $15,000 or both.

(NRSExisting 200.725)law Sectionprovides 2that a person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of thisa billcategory expandsB thisfelony, revisespunishable by imprisonment in the applicablestate criminalprison penaltiesfor by:a minimum term of not less than 1 year and a maximum term of not more than 15 years, or by a fine of not more than $15,000 or both.

(1)(NRS providing200.725) thatSection a2 person who is found guilty of athis secondbill orexpands subsequentthis violationprohibition isto guiltyinclude ofcomputer-generated achild categorypornography. A felony, punishable by imprisonment in the state prison for a minimum term of not less than 10 years and a maximum term of life with the possibility of parole;

Section 2 also found guilty of a second or subsequent violation is guilty of a category A felony, punishable by imprisonment in the state prison for a minimum term of not less than years and a maximum term of life with the possibility of parole;

Existing law provides that a person who knowingly and willfully has in his or underher thepossession ageany offilm, 16photograph yearsor asother thevisual subjectpresentation ofdepicting a sexualperson portrayal or engaging in,erson simulating or assisting others to engage in or simulate, sexual conduct is guilty of:

and (2) a category A felony for any - *SB263_R1* – 2 – subsequent offense.

Existing law requires a person convicted of a sexual offense to register as a sex 179D.460)offender Existingand lawcomply defineswith thecertain termother sexualrequirements. offense for the purposes of these requirements to include any offense involving pornography and a minor.

(NRS 179D.097)179D.441, Because179D.445, sections179D.460) 2Existing andlaw 3defines expand the applicabilityterm ofsexual offensesoffense involvingfor pornography and a minor, sections 2 and 3 have the effectpurposes of requiringthese arequirements personto convictedinclude ofany aoffense violationinvolving ofpornography sectionand 2a orminor. 3 to:

(1)(NRS registerpornography asand a sexminor, offendersections under2 sexand offenders.3 have the effect of requiring a personng convicted of a violation of section 2 or 3 to:

Section(1) 1register ofas thisa billsex definesoffender under certain termscircumstances; for the purposes ofe to sections 2 and 3.

and (2) comply with certain other requirements applicable to sex offenders.

Section 1 of this bill defines certain terms for the purposes of sections 2 and 3.

- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;

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

or (2) An actual person who is 18 years of age or older that has been created, adapted or modified to depict the person as a child and:and:(I) As the subject of a sexual portrayal;

(I) As the subject of a sexual portrayal;

- *SB263_R1* – 3 – [2.] 4.

“Sexual conduct” means sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a person’s body or of any objectobjectn, or the manipulated or inserted by a person into the genital or anal opening of the body of another.

- 83rd Session (2025) – 3 – [4.] 6.

200.725advertises] 1.prepare, advertise or [distributes any item] distribute any:

A person [who] shall not knowingly [prepares, advertises] prepare, advertise or [distributes any item] distribute any:

A person [who] shall not knowingly and willfully [has][ha(a) haveFilm, inphotograph his or herother possessionvisual forpresentation anydepicting purposea: any [film,] :

(a) Film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct [:

- *SB263_R1* – 4 – (a) For the first offense, 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 $5,000.

[2.] (b) For any subsequent offense, is guilty of a category A 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 life - 83rd Session (2025) – 4 – with the possibility of parole, and may be further punished by a fine of not more than $5,000.

If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.

(b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after the person’s last conviction or release from incarceration, whichever occurs later;

A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRSNRSm 179D.010 to 179D.550, inclusive.

- *SB263_R1* – 5 – (III) A sexual offense as defined in NRS 179D.097;