Nrs Flashcards
1)performance means any play, film, photograph, computer generated image, electronic representation,dance or other visual presentation.
2)promote means to produce, direct, procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise or possess for purpose if distribution
3)sexual conduct means -sexual intercourse, lewd exhibition of genitals, fellation, cunnilingus, bestiality, anal excretion, Sade-masochistic abuse, masturbation, penetration of any part of the body or object inserted into genital or anal
4) sexual portrayal-depiction of a person in a manner which appeals to the prudent interest in sexual and which does not have serious literary, artistic, political or scientific value
NRS 200.710
Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance
1) court records, crime reports, records of criminal history that reveal identity of victim of sexual assault is confidential including victims photo, likeness, name, address, phone number
2)defendant charge with sex assault and attorney have right to victims info-but may not disclose
3) a court may authorize release of info, upon application:
A)good cause exist
B) disclosure will not place victim at risk of harm
C)notice of application and opportunity to be heard given to victim
4) nothing prohibits: any publication or broadcast by the media, nonprofit organization to provide counseling services to victim if; organization needs identify of victim to offer service; court or LE agency approves organization for receipt of identity
5) wild I’ll violation punishable as criminal contempt
NRS 200.3771
Victims of certain sexual offenses: confidentiality of records and reports that reveal identity; when disclosure permitted; penalty
1)forensic laboratory-any lab to conduct or over see analysis
2) forensic medical exam- exam by healthcare provider to obtain evidence from victim of sex assault
3) genetic maker analysis-analytical testing of biological specimen that results in dna profile
4)offenses involving pupil or child:sexual conduct by employees or volunteers at a school; certain employee of college or university and a study, employee, contractor, volunteers for entity that provides services to children under care of entity
5)perpetrator-person who commits sex offense involving pupil or child or sex traffick
6)sex trafficking-transport, recruits, etc person to engage in prostitution
7)sex assault forensic evidence kit-evidence obtained from forensic medical exam
8)sex offenses:sexual assault, statutory sexual seduction
9) sexual penetration-cunnilingus, fellatio, or any intrusion of any part of persons body or object manipulated or inserted into genetically or anal openings, including sexual intercourse
10)ordinary sex I get courses of person 18 or older with 14-15 and who is at least 4 years younger than perp.
11) victim-victim in sex offense, involving pupil or child or sex trafficking
12) victim of sexual assault- any person who has been sexually assaulted
NRS 200.364
Sexual assault and seduction definitions
All persons are liable to punishment except those belonging to following classes:
1) children under 8
2)children between 8-10 unless charged with murder or s/a
3)between 8 and 14, in absence of clear proof at time commuting act they knew it was wrong
4)person committed act charged made on mission charged in state of insanity
5) person who committed act under ignorance or mistake, disproves intent
6) person who committed act w/o being conscious thereof
7)person committed act through misfortune or by accident, no evil design, intention or culpable negligence
8) person, unless crime punishable by death, believe their lives would be in danger if they refused
NRS 194.010
Persons capable of committing crimes
1) unlawful for convicted person to remain in Nevada more than 48 hours without registering. A convicted person who does not reside, but comes into the state 5 times or more in 30 day period subject to 48 hour rule. Person who has registered must register again if another act committed, detailed info needed: true name, Alias, full description of his person, nature of each conviction, place where convicted, location address, kind of residence, how long occupied each residence
- registration card not required
- provisions in this chapter don’t apply to those who had their civil rights restored
NRS 179c.100
Registration with LE officer within 48 hours, duties and procedures, registration card not required, effect of restoration of civil rights
Any person who:
1)willfully request, obtains or seeks to obtain records of criminal history under false pretenses
2)willfully communications or seeks to communicate records of criminal history to any agency or persons except pursuant to this chapter, or
3) willfully falsifies any record of criminal history or any records relating to records of criminal history
Is guilty of a misdemeanor
NRS 179a.900
Unlawful acts
1)-agencies of CJ may disclose to victims of a crime, members of their family , or guardian the identity of persons suspected for the crime, including juvis certified to stand trial as an adult, including dispositions that may be of assistance to victim in civil court. Disclosure can be made regardless of whether charges have been filed, declined or dismissed
3) disclosure of investigative info does not establish a duty to disclose any additional info, except as compelled by legal process
NRS 179A.120
Disclosures to victims of crime
Disposition means the formal conclusion of a criminal proceeding at any point in the administration of criminal justice which shows the nature of the conclusion
NRS179A.059
Disposition
Biometric identifier means a fingerprint, palm print, scar, bodily mark, tattoo, voice print, facial image, rerun image or iris image of a person
NRS179A.035
Biometric identifier
1) except subsection 2 property may only be seized by LE agency upon process issued by magistrate having jurisdiction over property
2)seizure may be made by LE without process if:
-seizure is incidents to: an arrest, search warrant, inspection pursuant to warrant for administrative inspection
-property is subject to final judgement in forfeiture proceeding
- LE agency believes property is dangerous to health and safety
- LE agency has probable cause that property is subject to forfeiture
NRS 179.1165
Seizure of property: requirement of process
1) except subsection 2 following property is subject to seizure/forfeiture
-any proceeds attributable to the commission or attempt commission of any felony
—any propert or proceeds otherwise subject to forfeiture pursuant to NRS
2) property shall not be forfeited when the act committed without the knowledge, consent, willful blindness if the claimant
3) unless the owner of real property or a mobile home:
-)has given tenant notice to vacate home within 90 days
- shows court order owner had good cause not to evict
NRS 179.1164
Property subject to seizure and forfeiture; exceptions
1) of LE can get name/address of owner of property, send letter where property is and how to get it. If received from pawnbroker , notify also. If property stolen notice must be mailed certified letter/ under conviction of defendant; under decision of police or da not to prosecute, when case otherwise terminated
-if property unclaimed after 6 months of notice, can be taken to county treasure, metro pd can accept proceeds from treasure
2) “ property” means any property that is owned by another person or that person is entitled to possess which:
-is in custody of LE agency
- has been stolen, emb, lost, found, abandoned, or unclaimed
-is otherwise unrelated to active criminal case
NRS 179.165
Disposal of property stolen or embezzled: noticed must be provided by LE agency to owner, pawnbroker and other interested persons, contents to notice; sale or disposal of unclaimed property by county treasure; records; audit
1) upon conviction of defendant for cat A or B - biological evidence must be retained until expiration of sentence imposed
2) biological evidence may be tested upon notice to defendant
3)agency may establish procedures for:
-retaining samples of biological evidence
-disposing of bull evidence that does not affect suitability for such samples for testing
4)provisions must not construed to restrict or limit agency from establishing procedures for retention, preservation, disposal of biological evidence in connection with other criminal cases
5) “ biological evidence” means: send , blood saliva hair skin tissue or other biological material removed from physical evidence
NRS 176.0912
Biological evidence secured in connection with investigation or prosecution; required preservation
1)rightful owner of property request prosecutor to return property. Prosecutor may have police photo property before releasing (unless subjection 3). Police will the. Release in reasonable time-no later 180 days
2) a sense of request, prosecutor request officer to return property to owner
3) if prosecutor determines property is still needed, may deny request
4) photo of property are admissible if identified/authenticated by:
-rightful owner whom property was released
- Po or LE who released the propert
-credible witness who has personal knowledge of property
5)any property which is not returned must be disposed of as provided in NRS 179.125-179.165 inclusive
NRS 52.385
Property evidencing crime: return to person entitled to possession, admissibility if photos in lieu of property; disposal of property not returned
1) an application for permit all info contained within , all info provided to sheriff or obtained by sheriff in the course of investigation of an applicant, the identity of the permittee any records regarding the Suspension, restoration or revocation of a permit are confidential
2)any records regarding an applicant may be released to LE agency for investigation or prosecution
3) statistical abstracts of data complied by sheriff regarding permits applied for may be relaxed to any person
NRS 202.3662
Confidentiality of information about application for permit and permittee
