Child Abuse Laws in Nevada

Child Abuse and Sexual Abuse of a Child in Nevada

NRS 200.508 Abuse, Neglect or Endangerment of a Child

• When a person willfully causes a child under 18 to suffer unjustifiable physical or mental pain, or puts them in a situation where they may suffer such pain it is abuse.
• Penalties range from no substantial bodily harm to substantial bodily harm which is considered a felony.

Persons Responsible for the Child

• A child's parent, guardian, step-parent living with the child, any adult regularly in the household, or volunteers/employees at facilities where the child receives care may be responsible.

Definition of a Child

• In Nevada, a child is defined as a person under the age of 18.

NRS 432B.020 Abuse or Neglect

• Abuse or Neglect involves a child's physical or mental injury of a non-accidental nature, sexual abuse, exploitation, or negligent treatment, and maltreatment as per NRS 432B.140
• The law does not concern physical welfare only and doesn't completely align with Child Abuse under NRS 200.508.

Negligent treatment or maltreatment

• This includes when a child is abandoned, lacks proper care, control, supervision, subsistence, education, shelter, or medical care due to the faults, habits, neglect or refusal of the responsible person.

Physical Injury

• This includes sprains, dislocations, cartilage damage, bone fractures (including skull), intracranial hemorrhage, internal organ injuries, burns, scalds, cuts, lacerations, punctures, bites, permanent or temporary disfigurement, loss or impairment of a body part or organ.

Lewd/Lascivious Acts NRS 201.230

• If a person is 18 or older and willfully commits lewd acts upon a child under 16, other than acts constituting sexual assault, with the intent to arouse or gratify lust, it is considered lewdness with a child and penalties apply.
• If a person under 18 willfully commits any lewd or lascivious act constituting sexual assault, upon or with a child under 14, with the intent to arouse, appeal to, or gratify lust, passions, or sexual desires of that person or of that child penalties apply.

Related Nevada Revised Statutes

• Refer to NRS 200.364.6 and NRS 200.366 for definitions.

Mental Injury

• This includes injuries to intellectual or psychological capacity, emotional condition, or observable impairment of performance/behavior.

Sexual Exploitation

• Sexual Exploitation includes forcing, allowing, or encouraging a child to solicit for prostitution, view pornography, engage in producing pornography, or do a live sexual performance.

NRS 200.730 Possession of Child Pornography

• Knowingly and willfully possessing film, photographs, or visual presentations depicting sexual portrayals, conduct, simulation of, or assisting others is illegal.

Unlawful Sexual Intercourse

• Sexual penetration means cunnilingus, fellatio, any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.

Statutory Sexual Seduction

• This includes ordinary/anal intercourse or sexual penetration by someone 18 or older with a person who is 14-15 years old and at least 4 years younger than the perpetrator
• See NRS 200.364 for the above age reference.

Loitering about Schools/Public Places NRS 207.270

• Loitering about school or public place where children congregate without legitimate supervising reason or other legitimate reason to be at leisure, is consider a misdemeanor.

NRS 432B.030 “Agency which provides child welfare services”

• In counties less then 100,000 the local office will be the Division of Child and Family Services.
• In a county with a population of 100,000 or more, the local agency provides or arranges the services.

Mandatory Reporters

• Medical Personnel, Coroners, Clergy(excluding during confession), Social Services, School Personnel, Child Care Facilities, ect.

Report Requirements

• A report must be made as reasonably practicable, but no later than 24 hours after one knows or has reasonable cause to believe that a child has been abused or neglected.

Law Enforcement Involvement

• Law enforcement is involved as the reporter, the receiver of an initial report, and as the assigned investigator

Liabilities NRS 432B.160

• Individuals acting in good faith and following state law are not held criminally liable.

Actions that can be taken

• These include reporting suspected abuse, conducting interviews, taking/allowing photos, and taking/allowing medical tests.

NRS 432B.260

• Circumstances which may not require investigation.

Reasonable discipline

• Reasonable discipline by a parent or guardian includes spanking or paddling, if it is not excessive, reference NRS 432B.150.

NRS 432B.150 Excessive Corporal Punishment

• Excessive punishment can result in physical or mental injury constituting abuse/neglect.

Reporting Confidentially

• Peace officer duties regarding juvenile and abuse record confidentiality must be enforced.

NRS 432B.280

• Confidentiality of info maintained by a child welfare agency.

Confidentiality Exceptions

• Exceptions as per NRS 239.0115, 432B.165, 432B.175, 439.538, and 432B.290
• Any willful release of information, except in criminal prosecutions relating to child abuse/neglect is a gross misdemeanor.

Exigent Circumstances

• Ascertain probable cause via reasonable suspicion supported by facts/circumstances.

Probable Cause

• To build probable cause look for: physical evidence, corroboration, admissions during interviews, witness statements, and other evidence.

Removing Child

• Assess immediate safety concerns if child is left in home.

Priorities for Welfare

• Priorities are Medical, Welfare and Evidence which is evidence-based

Evidence can include

• Evidence of injuries inconsistent with explanations, multiple injuries, inconsistent statements, and delayed treatments.

Scene Evaluation

• Evaluate for safety/health issues, supervision, and access to food/clothing/shelter.

Suspect Evaluation

• Evaluate for repeat offenses
• Officers can take a child into protective custody without consent of caretaker.

Statutory Definition of Child Abuse

• NRS 200.508 defines abuse, neglect, or endangerment when someone willfully makes a child under 18 suffer unjustifiable pain, physically or mentally.

Harm Classifications

• Prosecution will vary from substantial harm that is a felony, to no substantial

Roles of responsible individuals

• Roles include parent/guardian, step-parent living in house, and volunteers or employees of public and private homes

"Physical injury" Definition

• This includes dislocation, cartilage damage, fractures, hemorrhages, burns, cuts, bites, permanent/temporary disfigurement, or impairment of body part or organ.

"Physical Neglect of a Child"

• Physical Neglect is any combination of elements in the NRS.

NRS 201.090 “Neglected child,” “delinquent child” and “child in need of supervision”

• A neglected, delinquent child, or a child in need of supervision is any one persons under 18
• The description involves begging, selling items, performing without a parent/guardian able to exercise control.
• A destitute and/or living in an unfit place by reason of neglect, cruelty, depravity due to no necessities of life provided.
• It also involves wandering with criminals, vagrants, prostitutes, or unlawfully visiting saloons, using liquors/drugs
• Who habitually refuses to obey orders or is beyond control and is truant from school/is indecent

Mental Suffering Definition

• This includes injuries to intellect or psychology or emotional impairment

Sexual Abuse

• This includes Incest, Lewdness with a Minor, Annoying and Molesting, Sado-Masochistic Abuse, Sexual Assault Under 14/Under 16, Statutory Sexual Seduction, Open and Gross Lewdness, and Mutilation of Genitalia

Crime Classifications

• A crime will be an act forbidden by law and punishable by conviction through death, prison, fine or other discipline.

Punishments

• A crime with possible death or prison term is a felony.
• A fine not over $1,000 or jail not over 6 month is a misdemeanor; any other is a gross misdemeanor.
• Definition is found in NRS 193.120. Punishments are described in sections 193.130, 140, and 150.