Amendment vs bill Amendment 339 vs Enrolled

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Senate Bill No.
Session (83rd) A SB213 339 Amendment No.
213–Senators Stone, Krasner, Steinbeck, Buck;
339 Senate Amendment to Senate Bill No.
and Ellison CHAPTER..........
213 (BDR 15-776) Proposed by:
Senate Committee on Judiciary Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
KRO/BAW - Date:
4/16/2025 S.B.
No.
213—Revises provisions relating to the crime of unlawful dissemination of an intimate image.
(BDR 15-776) Page 1 of 6 *A_SB213_339* Senate Amendment No.
339 to Senate Bill No.
213 Page 3 SENATE B ILLN O.
213–SENATORS S TONE, KRASNER , STEINBECK , BUCK ;AND E LLISON FEBRUARY 18, 2025 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the crime of unlawful dissemination of an intimate image.
(BDR 15-776) 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.
expanding the crime of unlawful dissemination of an intimate image to include certain acts relating to the distribution of certain photorealistic images, digital images, computer images and computer-generated images;
expanding the crime of unlawful dissemination of an intimate image to include certain acts relating to the distribution of certain photorealistic images, digital images, [electronic images,] computer images [,] and computer-generated images ;
providing an exception to the crime of unlawful dissemination of an intimate image for persons who are less than 18 years of age;
[and other pictorial representations;] expanding the definition of “intimate image”;
revising the definition of “intimate image”;
[providing that the crime of unlawful dissemination of an intimate image constitutes a sexual offense for the purposes of various statutes;] providing penalties;
providing penalties;
(NRS 200.780) Under existing law, a person is also guilty of a category D felony if the person makes certain demands 200.785) Section 1 of this bill expands the definition of “intimate image” for the purpose of these provisions to include certain photorealistic images, digital images, computer images and computer-generated images.
(NRS 200.780) Under existing law, a person is also guilty of a category D felony if the person makes certain demands from a person in exchange for removing an intimate image from public view.
(NRS 200.770) Section 1 also eliminates an exception under existing law that excludes from the definition of “intimate image” an image depicting a public figure.
(NRS 200.785) Section 1 of this bill expands the definition images, digital images, [electronic images,] computer images [,] and computer-generatedic images .
Under existing law, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, other person and the other person:
[and other pictorial representations.] (NRS 200.770) Under existing law, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person:
(NRS 200.780) Section of this bill expands the scope of the crime to also include the distribution of certain photorealistic images, digital images, computer images and computer- generated images.
(NRS 200.780) Section 2 of this bill additionally provides that a person who is 18 years of age or older commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person knowingly distributes or causes to be distributed an intimate image if:
Specifically, section 2 provides that a person commits the crime harm or terrorize another person, the person knowingly distributes or causes to be distributed an intimate image if:
(1) the image or representation is created in a way that would lead a reasonable person to believe it is an actual depiction of the person depicted;
(1) the image is created in a way that would lead a reasonable person to believe it is an actual depiction of the person depicted;
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Section further provides that the prohibition against disseminating an intimate image, both under existing law and as expanded by section 2, does not apply if the person who commits the violation is less than 18 years of age.
[Existing law defines the term “sexual offense” for the purpose of requiring persons convicted of certain sexual offenses to be prohibited from certain employment, to register as a Senate Amendment No.
- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;
339 to Senate Bill No.
matter between brackets [omitted material] is material to be omitted.
213 Page 4 certain other requirements.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 118A.335, 176.0913, 176A.410, 179D.095, 179D.097,nd to fulfill 179D.441, 213.1099, 213.1245) Section 3 of this bill revises the list of sexual offenses to which these statutory provisions apply to include unlawful dissemination of an intimate image pursuant to section 2.
Section 2 makes a conforming change by eliminating provisions of existing law which provide that a person who commits the crime of unlawful dissemination of an intimate image is not considered a sex offender and is not subject to registration or community notification as a sex offender.
(NRS 200.780)] THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
or (b) A photorealistic image, digital image, computer image or depicts:-generated image that a reasonable person would believe (1) The genitals, anus or fully exposed nipple of the female breast of another identifiable person;
or (b) A photorealistic image, digital image, [electronic image,] computer image [,] or computer-generated image [or other pictorial representation] that [appears to depict:] a reasonable person would believe depicts:
or (2) One or more identifiable persons engaged in sexual conduct.
(1) [An intimate body part] The genitals, anus or fully exposed nipple of the female breast of another identifiable person ;
2.
[but does not depict an actual body part of the person;] or (2) One or more identifiable persons engaged in sexual conduct .
[but does not actually depict the person or persons engaging in the conduct.] 2.
or (b) Voluntarily exposed himself or herself in a public or commercial setting .
(b) Voluntarily exposed himself or herself in a public or commercial setting;
[;
or (c) Is a public figure.
or (c) Is a public figure.] Sec.
Sec.
[(b)] (2) Had a reasonable expectation that the intimate image andld be kept private and would not be made visible to the public;
[(b)] (2) Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public;
[(c)] (3) Was at least 18 years of age when the intimate image was created [.] ;
and [(c)] (3) Was at least 18 years of age when the intimate image was created [.] ;
or - 83rd Session (2025) – 3 – (b) Knowingly distributes or causes to be distributed an intimate image described in paragraph (b) of subsection 1 of NRS 200.770 which depicts the other person if:
or (b) [Distributes] Knowingly distributes or causes to be distributed an intimate image described in paragraph (b) of subsection 1 of NRS 200.770 which depicts the other person if:
(1) The intimate image is created in a way that would lead a person;
(1) The intimate image is created in a way that would lead a reasonable person to believe it is an actual depiction of the other person;
andperson to believe it is an actual depiction of the other (2) The other person did not give prior consent to the distribution of the image.
and (2) The other person did not give prior consent to the distribution of the image.
2.
Senate Amendment No.
339 to Senate Bill No.
213 Page 5 2.
or [(e)] (5) Preparation for or use in any legal proceeding.
or [(e)] (5) Preparation for or use in any legal proceeding .
(b) A person who is less than 18 years of age.
(b) A person who is less than 18 years of age and who commits an act described in paragraph (b) of subsection 1.
Secs.
[;
3 and 4.
or (b) A person who is less than 18 years of age and who commits an act described in paragraph (b) of subsection 1.] Sec.
(Deleted by amendment.) ~~~~~ 25 - 83rd Session (2025)
3.
[NRS 179D.097 is hereby amended to read as follows:
179D.097 1.
“Sexual offense” means any of the following offenses:
(a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(b) Sexual assault pursuant to NRS 200.366.
(c) Statutory sexual seduction pursuant to NRS 200.368.
(d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.
(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 of a crime of violence, if the crime of violence is an offense listed in this section.
(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(i) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975.
(j) Incest pursuant to NRS 201.180.
(k) Open or gross lewdness pursuant to NRS 201.210.
(l) Indecent or obscene exposure pursuant to NRS 201.220.
(m) Lewdness with a child pursuant to NRS 201.230.
(n) Sexual penetration of a dead human body pursuant to NRS 201.450.
(o) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(p) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(q) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
(r) Sex trafficking pursuant to NRS 201.300.
(s) Unlawful dissemination of an intimate image pursuant to NRS 200.780.
(t) Any other offense that has an element involving a sexual act or sexual conduct with another.
Senate Amendment No.
339 to Senate Bill No.
213 Page 6 [(t)] (u) An attempt or conspiracy to commit an offense listed in paragraphs (a) to [(s),] (t), inclusive.
[(u)] (v) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
[(v)] (w) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection.
This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
[(w)] (x) 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.
This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
(3) A court having jurisdiction over juveniles.
2.
Except for the offenses described in paragraphs (o) and (p) of subsection 1, the term does not include an offense involving consensual sexual conduct if the victim was:
(a) An adult, unless the adult was under the custodial authority of the offender at the time 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.] (Deleted by amendment.) Sec.
4.
[The amendatory provisions of section 3 of this act apply to offenses committed before, on or after October 1, 2025.
] (Deleted by amendment.)