Transnational Crime- Nevada’s Legislative Response A presentation to the Conference of Western Attorneys General January 2013. Transnational Crime.
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The National Security Council has noted that transnational crime is becoming more complicated because criminal networks are more fluid and are using increasingly sophisticated tactics, exploiting the interconnected nature of our modern trading, transportation, and transactional systems that move people and commerce throughout the global economy and across our borders. Consequently, countering transnational crime today requires an integrated and comprehensive approach.
A crucial step in creating a coordinated response to transnational crime is enacting legislation that gives state and local law enforcement and prosecution agencies the authority and flexibility needed to adapt and respond to the ever-evolving methods of criminals, often in collaboration with their counterparts on other jurisdictions.
What follows is a brief overview of legislation recently enacted in Nevada that allows our agencies to better adapt and respond to trends in transactional crime and better work with our partners in other jurisdictions. Areas include:
Senate Bill 142 (2009 Session) – Creates crime of criminal gang recruitment: unlawful for an adult to use or threaten to use physical violence, or cause or threaten to cause damage to property, with the specific intent to coerce, induce or solicit a child to join a criminal gang – category E felony [ NRS 201.570].
Assembly Bill 335 (2009 Session) – Provides that certain locations used from criminal gang activities constitute both a public and private nuisance:
Senate Bill 456 (2005 Session) – Crimes of involuntary servitude through physical and nonphysical acts, threats and coercion imposed upon victims and their families – category B felony. This would include threatening to have them deported, removing their immigration documents and passports, threatening to have their families arrested in their own countries, or have their families sued to enforce what they have convinced these victims is a civil contract between them. [NRS 200.463 (involuntary servitude); NRS 200.464 (aid and abet); NRS200.465 (purchase or sale)].
Assembly Bill 383 (2007 Session) – Trafficking in persons: codified in NRS 200.467-.468, addresses specifically the transportation of illegal aliens by “coyotes”. Makes property of a person who commits such crimes subject to forfeiture. Transportation of an illegal alien into Nevada with intent to subject the person to certain acts relating to involuntary servitude.
Assembly Bill 238 (2009 Session) – Soliciting a child for prostitution – category E felony. Eliminates discrepancy in state law in which solicitation regardless of age was misdemeanor. Soliciting for minor for prostitution now carries same requirements of registration and community notification as a sex offender as other sex offenses against children.
Assembly Bill 380 (2009 Session) –
Assembly Bill 67 (2013 Session) – Omnibus human trafficking legislation:
SenateBill 82 (2009 Session) -
[NRS 179.1152 ]
Assembly Bill 90 (2009 Session) – Revises provisions regarding the investigation of deceptive trade practices:
Assembly Bill 322 (2009 Session) – Multiple transactions involving fraud or deceit in course of enterprise or occupation - category B felony [NRS 205.377 ]:
Assembly Bill 284 (2011 Session) –
Assembly Bill 72 (2007 Session) - Amends NRS 201.560(1), which makes it a crime to use technology to lure a child who is less than 16 years of age and at least 5 years younger that the perpetrator, to provide that the section is violated if the perpetrator believes the victim to be a child, regardless of whether the victim is actually a child – passed in response to adverse ruling in State v. Colosimo, 142 P.3d 352 (2006).
Assembly Bill 88 (2009 Session) – Enacts felony penalties for viewing images or streaming video of child pornography online, codified at NRS 200.727:
Any person who, knowingly, willfully and with the specific intent to view any film, photograph or other visual presentation depicting a person under the age of 16 years engaging in or simulating sexual conduct, uses the Internet to control such a film, photograph or other visual presentation is guilty of:
Assembly Bill 88 (2009 Session) – “Control” established in:
Senate Bill 163 (2009 Session) – Revises NRS 388.135 to prohibit cyber-bullying.
BDR 70 (2013 Session) – Makes unlawful certain acts relating to capturing and transmitting violent images involving a child.
BDR 72 (2013 Session) – Expands cyber-bullying prohibition to location or activity that is not school-related, or through use of an electronic communication device, if cyber-bullying:
Senate Bill 277 (2011 Session) – Enacts provisions on juvenile sexting – prohibits a minor from using an electronic communication device to possess, transmit or distribute a sexual image of himself or herself or of another minor [NRS 200.737]:
Assembly Bill 27 (2009 Session) – Revises NRS 205.4651 governing the application of victims of identity theft for an identity theft card:
Assembly Bill 83 (2011 Session) – Existing 3-year statute of limitation for identity theft [NRS 171.095] increased for minors:
Senate Bill 485 (1999 Session) - Omnibus tech crime legislation:
Senate Bill 485 (1999 Session) - Omnibus tech crime legislation CONTINUED:
AssemblyBill 306 (2007 Session)–Various changes:
AssemblyBill 309 (2009 Session) – Adds “texting” to crime of stalking with the use of a communication device – category C felony [NRS 200.575].
Senate Bill 223 (2009 Session) – Revises statutes dealing with credit and debit card offenses to apply to the electronic equivalent of issued cards[NRS 205.690 (obtain or possess without consent); NRS 205.710 (sell or buy); NRS 205.760 (use with intent to defraud].
Senate Bill 376 (2011 Session)- Increases the penalty to gross misdemeanor for certain technological crimes:
Assembly Bill 279 (2009 Session) – For any category A or B felony criminal justice agency must preserve any identified biological evidence until expiration of sentence [NRS 176.0912 ].
Assembly Bill 481 (2009 Session) - Defines “fugitive from justice” to mean any person 1) who has been charged with a felony in another state and fled to avoid prosecution; 2) who has fled to avoid giving testimony in any criminal proceeding.
Senate Bill 35 (2009 Session) – Limited dual sovereignty by repealing statutory prohibition on prosecution after conviction or acquittal of in another country (prohibition stands for conviction or acquittal in another state) [NRS 171.070].
Assembly Bill 57 (2011 Session) -
[NRS chapter 179D]
AB 39 (2013 Session) – Authorize the National Precursor Log Exchange (NPLEx): real-time electronic tracking system used by pharmacies and law enforcement to track sales of over-the-counter medications containing meth precursors.
BDR 137 (2013 Session) – Require abiological specimen upon arrested for a felony or a sexual offense.
“Where the criminals are smart, we must be smarter; where the criminals are sophisticated, we must be even more sophisticated; and where crime transcends borders, so must our cooperation.”
Yury Fedotov, Executive Director of the UN Office on Drugs and Crime (UNODC)
Special Deputy Attorney General
Executive Director – Nevada Advisory Council for Prosecuting Attorneys