§ 212.188 — Sexual abuse of prisoner or unauthorized custodial conduct by employee of or contractor or volunteer for prison; penalties

Nevada § 212.188

• Jurisdiction: Nevada
• Title 16: CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF
• Ch. 212: Offenses

Text

1. An employee of or a contractor or volunteer for a prison who voluntarily engages in, or attempts to engage in, with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, any of the acts set forth in:
(a) Paragraph (a) of subsection 3, commits sexual abuse of a prisoner.
(b) Paragraph (b) of subsection 3, commits unauthorized custodial conduct.
2. Unless a greater penalty is provided pursuant to any other applicable provision of law, an employee of or a contractor or volunteer for a prison who commits:
(a) Sexual abuse of a prisoner is guilty of a category D felony and shall be punished as provided in NRS 193.130 .
(b) Unauthorized custodial conduct by engaging in any of the acts described in paragraph (b) of subsection 3 is guilty of a gross misdemeanor.
(c) Unauthorized custodial conduct by attempting to engage in any of the acts described in paragraph (b) of subsection 3 is guilty of a misdemeanor.
3. As used in this section:
(a) “Sexual abuse”:
(1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:
(I) Sexual intercourse or anal intercourse, including penetration, however slight;
(II) Fellatio, cunnilingus or contact between the mouth and the anus;
(III) Penetration, however slight, of an object into the genital or anal opening of the body of a prisoner committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(IV) Any other intentional contact with a prisoner’s unclothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(V) Watching a prisoner change clothing or use a shower, toilet or urinal;
(VI) Requiring a prisoner to expose his or her genitals, buttocks or breasts; or
(VII) Capturing an image of the private area of a prisoner in violation of NRS 200.604 .
(2) Does not include acts of an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the official duties of such an employee, contractor or volunteer.
(b) “Unauthorized custodial conduct”:
(1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:
(I) Contact between the mouth and any part of the body committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(II) Any other intentional contact with a prisoner’s clothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(III) Any threat or request by an employee or a contractor or volunteer to engage in any act described in sub-subparagraphs (I) or (II); or
(IV) Any display by an employee or a contractor or volunteer of his or her unclothed genitals, buttocks or breasts in the presence of a prisoner.
(2) Does not include acts of an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the official duties of such an employee, contractor or volunteer.

Legislative History

(Added to NRS by 2015, 897 )