NRS 212.188
Sexual abuse of prisoner or unauthorized custodial conduct by employee of or contractor or volunteer for prison

  • penalties.

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.

Source: Section 212.188 — Sexual abuse of prisoner or unauthorized custodial conduct by employee of or contractor or volunteer for prison; penalties., https://www.­leg.­state.­nv.­us/NRS/NRS-212.­html#NRS212Sec188.

212.010
Punishment for unauthorized injury of prisoner
212.020
Inhumanity to prisoners.
212.030
Warrant for arrest of escaped prisoner.
212.040
Expenses of recapture and return of escaped prisoners.
212.050
Authority to offer reward in certain cases.
212.070
Expenses of prosecuting prisoner and person acting in concert with prisoner who escapes or commits crime while incarcerated.
212.080
Recapture and imprisonment.
212.090
Penalties for prisoner who escapes.
212.093
Manufacture or possession by prisoner of items adapted, designed or commonly used to escape prohibited
212.095
Unauthorized absences which constitute escape from prison
212.100
Aiding prisoner to escape.
212.110
Custodian permitting escape.
212.120
Ministerial officer permitting escape.
212.130
Concealing escaped prisoner.
212.135
Definitions.
212.137
“Contractor” defined.
212.138
“Employee” defined.
212.139
“Volunteer” defined.
212.140
Unauthorized communication with prisoner.
212.150
Communication with person charged or convicted of felony in county jail.
212.160
Furnishing weapon, facsimile, intoxicant or controlled substance to state prisoner
212.165
Prohibition on furnishing portable telecommunications device to prisoner and on possession of such devices in jail or institution or facility of Department of Corrections
212.170
Furnishing intoxicant to person lawfully confined in jail or detention facility.
212.180
Sale of liquor within half mile of institution of Department of Corrections unlawful
212.185
Possession or control of dangerous weapon or facsimile by incarcerated person prohibited.
212.187
Voluntary sexual conduct between prisoner and person other than employee of or contractor or volunteer for prison
212.188
Sexual abuse of prisoner or unauthorized custodial conduct by employee of or contractor or volunteer for prison
212.189
Unlawful acts related to human excrement or bodily fluid
212.190
Penalty.
212.220
Penalties for absence without authorization or tampering with electronic device
212.1895
Applicability of certain provisions to custodian and prisoner assigned to private facility or institution
Last Updated

Jun. 24, 2021

§ 212.188’s source at nv​.us