Nevada § 200.900 - Penalties; definitions

§ 200.900. Penalties; definitions

1. A minor shall not knowingly and willfully use an electronic communication device

to transmit or distribute, or otherwise knowingly and willfully transmit or distribute,

an image of bullying committed against a minor to another person with the intent to

encourage, further or promote bullying and to cause harm to the minor. 2. A minor who violates subsection 1: (a) For the first violation, is a child in need of supervision, as that term is used

in title 5 of NRS, and is not a delinquent child; and (b) For the second or a subsequent violation, commits a delinquent act, and the court

may order the detention of the minor in the same manner as if the minor had committed

an act that would have been a misdemeanor if committed by an adult. 3. For the purposes of this section, to determine whether a person who is depicted

in an image of bullying is a minor, the court may: (a) Inspect the person in question; (b) View the image; (c) Consider the opinion of a witness to the image regarding the person's age; (d) Consider the opinion of a medical expert who viewed the image; or (e) Use any other method authorized by the rules of evidence at common law. 4. As used in this section: (a) “ Bullying ” means a willful act which is written, verbal or physical, or a course of conduct

on the part of one or more persons which is not otherwise authorized by law and which

exposes a person one time or repeatedly and over time to one or more negative actions

which is highly offensive to a reasonable person and: (1) Is intended to cause or actually causes the person to suffer harm or serious emotional

distress; (2) Poses a threat of immediate harm or actually inflicts harm to another person or

to the property of another person; (3) Places the person in reasonable fear of harm or serious emotional distress; or (4) Creates an environment which is hostile to a pupil by interfering with the education

of the pupil. (b) “ Electronic communication device ” means any electronic device that is capable of transmitting or distributing an image

of bullying, including, without limitation, a cellular telephone, personal digital

assistant, computer, computer network and computer system. (c) “ Image of bullying ” means any visual depiction, including, without limitation, any photograph or video,

of a minor bullying another minor. (d) “ Minor ” means a person who is under 18 years of age.