Transnational Crime- Nevada’s Legislative Response A presentation to the Conference of Western Attorneys General January 2013

Transnational Crime The National Security Council has noted that transnational crime is becoming more complicated because criminal networks are more fluid and are using increasingly sophisticated tactics, exploiting the interconnected nature of our modern trading, transportation, and transactional systems that move people and commerce throughout the global economy and across our borders. Consequently, countering transnational crime today requires an integrated and comprehensive approach.

Transnational Crime A crucial step in creating a coordinated response to transnational crime is enacting legislation that gives state and local law enforcement and prosecution agencies the authority and flexibility needed to adapt and respond to the ever-evolving methods of criminals, often in collaboration with their counterparts on other jurisdictions.

Transnational Crime What follows is a brief overview of legislation recently enacted in Nevada that allows our agencies to better adapt and respond to trends in transactional crime and better work with our partners in other jurisdictions. Areas include:  Criminal Gangs  Human Trafficking  Money Laundering  Consumer Fraud  Internet Crimes Against Children  Identity Theft  Tech Crime

Criminal Gangs Senate Bill 142 (2009 Session) – Creates crime of criminal gang recruitment: unlawful for an adult to use or threaten to use physical violence, or cause or threaten to cause damage to property, with the specific intent to coerce, induce or solicit a child to join a criminal gang – category E felony [ NRS ].

Criminal Gangs Assembly Bill 335 (2009 Session) – Provides that certain locations used from criminal gang activities constitute both a public and private nuisance: Defines “nuisance” to include a building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gangs. Defines “nuisance” to include a building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gangs. Permits local governments to adopt ordinances authorizing: Permits local governments to adopt ordinances authorizing:  District attorney to file a civil action to enjoin the activities of specific gang members and recover money damages.  Injunction or damages against owners of property if aware of activity.  Violation of injunction misdemeanor in addition to any other crime.

Human Trafficking Senate Bill 456 (2005 Session) – Crimes of involuntary servitude through physical and nonphysical acts, threats and coercion imposed upon victims and their families – category B felony. This would include threatening to have them deported, removing their immigration documents and passports, threatening to have their families arrested in their own countries, or have their families sued to enforce what they have convinced these victims is a civil contract between them. [NRS (involuntary servitude); NRS (aid and abet); NRS (purchase or sale)].

Human Trafficking Assembly Bill 383 (2007 Session) – Trafficking in persons: codified in NRS , addresses specifically the transportation of illegal aliens by “coyotes”. Makes property of a person who commits such crimes subject to forfeiture. Transportation of an illegal alien into Nevada with intent to subject the person to certain acts relating to involuntary servitude.

Human Trafficking Assembly Bill 238 (2009 Session) – Soliciting a child for prostitution – category E felony. Eliminates discrepancy in state law in which solicitation regardless of age was misdemeanor. Soliciting for minor for prostitution now carries same requirements of registration and community notification as a sex offender as other sex offenses against children. [NRS ]

Human Trafficking Assembly Bill 380 (2009 Session) – Provides for the seizure and forfeiture of the assets of a person who commits certain offenses involving the pander or prostitution of a child. Proceeds distributed to programs for the prevention of child prostitution. [NRS ] Provides for the seizure and forfeiture of the assets of a person who commits certain offenses involving the pander or prostitution of a child. Proceeds distributed to programs for the prevention of child prostitution. [NRS ] Person who commits certain offenses involving the pander or prostitution of a child subject to stiff fines [NRS ]: Person who commits certain offenses involving the pander or prostitution of a child subject to stiff fines [NRS ]:  Victim over 14 – fine of not more than $100,000  Victim under 14 – fine of not more than $500,000

Human Trafficking Assembly Bill 67 (2013 Session) – Omnibus human trafficking legislation: Replace pandering with sex trafficking crimes Replace pandering with sex trafficking crimes Tougher penalties for conspiracy to commit involuntary servitude and trafficking Tougher penalties for conspiracy to commit involuntary servitude and trafficking Civil cause of action for victims Civil cause of action for victims Asset forfeiture/victim restitution Asset forfeiture/victim restitution Involuntary servitude and trafficking constitute racketeering Involuntary servitude and trafficking constitute racketeering Sex offender registration for convicted sex traffickers – Tier I Sex offender registration for convicted sex traffickers – Tier I

Money Laundering Senate Bill 82 (2009 Session) - Allows law enforcement to determine information contained on a prepaid or stored value card. Allows law enforcement to determine information contained on a prepaid or stored value card. Identify name, personal information and amount of funds associated with a card. Identify name, personal information and amount of funds associated with a card. Must have probable cause to believe that the card is an instrumentality of crime. Must have probable cause to believe that the card is an instrumentality of crime. [NRS ]

Consumer Fraud Assembly Bill 90 (2009 Session) – Revises provisions regarding the investigation of deceptive trade practices: Requires that information obtained in the course of investigation be kept confidential until the institution of civil or criminal proceedings. Requires that information obtained in the course of investigation be kept confidential until the institution of civil or criminal proceedings. Authorizes disclosure to the extent necessary to protect consumers and businesses. Authorizes disclosure to the extent necessary to protect consumers and businesses. Authorizes the Attorney General to share such information and otherwise cooperate with officials of the Federal Government and other states. Authorizes the Attorney General to share such information and otherwise cooperate with officials of the Federal Government and other states. [NRS ]

Consumer Fraud Assembly Bill 322 (2009 Session) – Multiple transactions involving fraud or deceit in course of enterprise or occupation - category B felony [NRS ]: Revises racketeering statutes [ ] to include deceptive trade violations where the scheme steals small amounts of money from a great number of people. Revises racketeering statutes [ ] to include deceptive trade violations where the scheme steals small amounts of money from a great number of people. Punishes the overall fraudulent scheme by capturing multiple transactions which constitute a felonious pattern of criminal behavior. Punishes the overall fraudulent scheme by capturing multiple transactions which constitute a felonious pattern of criminal behavior. Previously must prove intent in each separate transaction and convict perpetrators of relatively minor individual crimes. Previously must prove intent in each separate transaction and convict perpetrators of relatively minor individual crimes.

Consumer Fraud Assembly Bill 284 (2011 Session) – Revises the crime of mortgage lending fraud – category C felony [NRS ]: Revises the crime of mortgage lending fraud – category C felony [NRS ]:  Adds civil penalty of not more than $5,000 per violation.  Authorizes the owner or the holder of beneficial interest in the real property to bring civil action for damages and attorney’s fees and costs. Revises the crime of making a false representation concerning title [NRS ] and: Revises the crime of making a false representation concerning title [NRS ] and:  Increases the penalty - category c felony or a category b felony if pattern and practice.  Adds civil penalty of not more than $5,000 per violation.  Authorizes the owner or the holder of beneficial interest in the real property to bring civil action for damages and attorney’s fees and costs.

Internet Crimes Against Children Assembly Bill 72 (2007 Session) - Amends NRS (1), which 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 that the perpetrator, 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 – passed in response to adverse ruling in State v. Colosimo, 142 P.3d 352 (2006).

Internet Crimes Against Children Assembly Bill 88 (2009 Session) – Enacts felony penalties for viewing images or streaming video of child pornography online, codified at NRS : Any person who, knowingly, willfully and with the specific intent to view any film, photograph or other visual presentation depicting a person under the age of 16 years engaging in or simulating sexual conduct, uses the Internet to control such a film, photograph or other visual presentation is guilty of: First Offense: Category C felony First Offense: Category C felony Subsequent Offense: Category B felony - 1 to 6 years; maximum fine of $5000 Subsequent Offense: Category B felony - 1 to 6 years; maximum fine of $5000

Internet Crimes Against Children Assembly Bill 88 (2009 Session) – “Control” established in: Commonwealth v. Diodoro, 932 A.2d 172 (Pa.Super 2007) Commonwealth v. Diodoro, 932 A.2d 172 (Pa.Super 2007) State v. Ritchie, ---P.3d WL (Or.App., 2009) State v. Ritchie, ---P.3d WL (Or.App., 2009) Tecklenburg v. Appellate Div. of Superior Court, 169 Cal.App.4th 1402 (2009) Tecklenburg v. Appellate Div. of Superior Court, 169 Cal.App.4th 1402 (2009) State v. Jensen, 173 P.3d 1046 (Ariz.App.Div.1, 2008) State v. Jensen, 173 P.3d 1046 (Ariz.App.Div.1, 2008) Ward v. State, 994 So.2d 293 (Ala.Crim.App., 2007) Ward v. State, 994 So.2d 293 (Ala.Crim.App., 2007) U.S. v. Romm, 455 F.3d 990 (C.A. 9 Nev., 2006) U.S. v. Romm, 455 F.3d 990 (C.A. 9 Nev., 2006)

Internet Crimes Against Children Senate Bill 163 (2009 Session) – Revises NRS to prohibit cyber-bullying. BDR 70 (2013 Session) – Makes unlawful certain acts relating to capturing and transmitting violent images involving a child. BDR 72 (2013 Session) – Expands cyber-bullying prohibition to location or activity that is not school-related, or through use of an electronic communication device, if cyber-bullying: Causes physical or emotional harm to the victim or damage to the victim's property; and Causes physical or emotional harm to the victim or damage to the victim's property; and Creates a hostile environment at school for the victim, infringes on rights of victim at school, or materially and substantially disrupts the education process or the orderly operation of a school. Creates a hostile environment at school for the victim, infringes on rights of victim at school, or materially and substantially disrupts the education process or the orderly operation of a school.

Internet Crimes Against Children Senate Bill 277 (2011 Session) – Enacts provisions on juvenile sexting – prohibits a minor from using an electronic communication device to possess, transmit or distribute a sexual image of himself or herself or of another minor [NRS ]: Distribution of a sexual image of himself or herself – Distribution of a sexual image of himself or herself –  First violation - child in need of supervision  Subsequent violation – commits a delinquent act Possession of a sexual image of another minor - child in need of supervision. Possession of a sexual image of another minor - child in need of supervision. Distribution of a sexual image of another minor - commits a delinquent act. Distribution of a sexual image of another minor - commits a delinquent act. Minor who violates not considered sex offender and not subject to registration or community notification as adult or juvenile sex offender. Minor who violates not considered sex offender and not subject to registration or community notification as adult or juvenile sex offender. Affirmative defense: minor did not knowingly cause the image to come into his/her possession, and promptly destroyed or reported. Affirmative defense: minor did not knowingly cause the image to come into his/her possession, and promptly destroyed or reported.

Identity Theft Assembly Bill 27 (2009 Session) – Revises NRS governing the application of victims of identity theft for an identity theft card: Changes name from “Passport” to “Identity Theft Program Card” Changes name from “Passport” to “Identity Theft Program Card” Includes resident and non-resident victims Includes resident and non-resident victims May apply through any agency as designated by the Attorney General May apply through any agency as designated by the Attorney General

Identity Theft Assembly Bill 83 (2011 Session) – Existing 3-year statute of limitation for identity theft [NRS ] increased for minors: Victims under 18 years of age at the time of commission of the offense. Victims under 18 years of age at the time of commission of the offense. 4 years after the time the victim discovers or reasonably should have discovered the offense. 4 years after the time the victim discovers or reasonably should have discovered the offense.

Tech Crime Senate Bill 485 (1999 Session) - Omnibus tech crime legislation: Creates advisory board with federal & state representation. [NRS Chapter 205A] Creates advisory board with federal & state representation. [NRS Chapter 205A] Defines “technological crime”. [NRS 205A.030] Defines “technological crime”. [NRS 205A.030] Creates new tech crimes [NRS ] Creates new tech crimes [NRS ]  EXAMPLES

Tech Crime Senate Bill 485 (1999 Session) - Omnibus tech crime legislation CONTINUED: Revises existing property crimes and deceptive trade practice statutes to incorporate changing technology: Revises existing property crimes and deceptive trade practice statutes to incorporate changing technology:  Theft [NRS ]  Telecommunications services – slamming and cramming [NRS ]

Tech Crime Assembly Bill 306 (2007 Session)–Various changes: Provides for the seizure and forfeiture of property relating to technological crimes punishable as a felonies. [NRS ] Provides for the seizure and forfeiture of property relating to technological crimes punishable as a felonies. [NRS ] Revises definition of technological crime to include attempt or conspiracy to commit. [NRS 205A.030] Revises definition of technological crime to include attempt or conspiracy to commit. [NRS 205A.030] Provides for distribution of forfeiture proceeds to law enforcement agencies to fund tech crime fighting efforts. [NRS 205A.090] Provides for distribution of forfeiture proceeds to law enforcement agencies to fund tech crime fighting efforts. [NRS 205A.090]

Tech Crime Assembly Bill 309 (2009 Session) – Adds “texting” to crime of stalking with the use of a communication device – category C felony [NRS ]. Senate Bill 223 (2009 Session) – Revises statutes dealing with credit and debit card offenses to apply to the electronic equivalent of issued cards [NRS (obtain or possess without consent); NRS (sell or buy); NRS (use with intent to defraud].

Tech Crime Senate Bill 376 (2011 Session)- Increases the penalty to gross misdemeanor for certain technological crimes: Interfere with or deny access to or use of a computer, system or network. Interfere with or deny access to or use of a computer, system or network. Unauthorized use or access of a computer, system, network, telecommunications device, telecommunications service or information service. Unauthorized use or access of a computer, system, network, telecommunications device, telecommunications service or information service. [NRS ]

Miscellaneous Assembly Bill 279 (2009 Session) – For any category A or B felony criminal justice agency must preserve any identified biological evidence until expiration of sentence [NRS ]. Assembly Bill 481 (2009 Session) - Defines “fugitive from justice” to mean any person 1) who has been charged with a felony in another state and fled to avoid prosecution; 2) who has fled to avoid giving testimony in any criminal proceeding. Senate Bill 35 (2009 Session) – Limited dual sovereignty by repealing statutory prohibition on prosecution after conviction or acquittal of in another country (prohibition stands for conviction or acquittal in another state) [NRS ].

Miscellaneous Assembly Bill 57 (2011 Session) - Requires transient sex offenders w/ to provide address of any dwelling or temporary shelter or any other location where he habitually sleeps. Requires transient sex offenders w/ to provide address of any dwelling or temporary shelter or any other location where he habitually sleeps. Notify at least every 30 days IF there are any changes. Notify at least every 30 days IF there are any changes. Notify after staying in a jurisdiction longer than 30 days if initially reported an intention to stay less than 30 days. Notify after staying in a jurisdiction longer than 30 days if initially reported an intention to stay less than 30 days. [NRS chapter 179D]

Miscellaneous AB 39 (2013 Session) – Authorize the National Precursor Log Exchange (NPLEx): real-time electronic tracking system used by pharmacies and law enforcement to track sales of over-the-counter medications containing meth precursors. BDR 137 (2013 Session) – Require a biological specimen upon arrested for a felony or a sexual offense.

Transnational Crime “Where the criminals are smart, we must be smarter; where the criminals are sophisticated, we must be even more sophisticated; and where crime transcends borders, so must our cooperation.” Yury Fedotov, Executive Director of the UN Office on Drugs and Crime (UNODC)

Brett Kandt Special Deputy Attorney General Executive Director – Nevada Advisory Council for Prosecuting Attorneys