Closing Nevada's Legal "Loophole" Prohibiting
the Prosecution of Sexual Predators
KEEPING OUR CHILDREN safe from sexual predators is a constant challenge. This challenge required recent action by our state lawmakers and I commend our state lawmakers in passing a change to our state laws to allow for better prosecution of online sexual predators.
You've undoubtedly heard this before—sexual solicitation of minors through the Internet is an increasing problem. These sexual predators use the Internet, online communication systems, and other computer technology to sexually exploit children. The prevalence of sexual solicitation of minors online is so troubling it has been recently highlighted on several television programs.
Sexual solicitation of minors through the Internet is a crime under Nevada Law. NRS 201.560 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 than the perpetrator.
The ability of Nevada's law enforcement agencies to employ online proactive Internet investigation techniques to catch predators and protect children had been severely limited by a decision of the Nevada Supreme Court. Last year the Court ruled in State v. Colosimo that in order to commit the offense described, a defendant's intended victim must actually be less than 16 years of age. State v. Colosimo involved a defendant who corresponded through the Internet with an undercover police detective posing as a fourteen-year-old girl, arrived at a prearranged meeting place with condoms and lubricant intending to have sex with the girl, and was arrested and charged with violating NRS 201.560. The Court held that because the actual intended victim in this case was not less than 16 years of age, but rather an adult investigator, it was legally impossible for the prosecution to prove that element of the crime charged.
To resolve the concerns of the Nevada Supreme Court and close this loophole in the statute, my office teamed together with a group of local prosecutors and Assemblywoman Heidi Gansert to submit legislation to the Nevada Legislature. The legislation amended NRS 201.560(1) 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. This legislation has now become law.
Now, the statute is violated if the perpetrator knowingly contacts or communicates with or attempts to contact or communicate with a person the perpetrator believes to be a child less than 16 years of age and at least 5 years younger than the perpetrator with the intent to lure the person to engage in sexual conduct.
Nevada's law enforcement agencies can successfully employ online proactive Internet investigation techniques to catch predators. Investigators enter "Chat Rooms" using an undercover identity, posing as a 13–15 year old boy or girl. The undercover investigator waits to be contacted by an adult seeking a sexual encounter with a child. The investigator responds to contact initiated by the predator and allows the predator to develop a relationship, which eventually leads to a face to face meeting initiated by the predator, where he intends to have sex with the child or commit other criminal activity such as the production of child pornography. The predator is typically arrested at the meeting location after being identified.
This change in the law now signed by Governor Gibbons will allow law enforcement to arrest online predators and prosecutors to effectively prosecute such predators for using technology to sexually exploit children. I applaud our state lawmakers for recognizing the importance in protecting our children from online predators and for updating our laws to allow our police officers to do their jobs more effectively and catch these online sexual predators before they are able to hurt another innocent child.
