Transcript PROSECUTING ATTORNEY

Transnational CrimeNevada’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
201.570].
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.
• 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 200.463 (involuntary servitude); NRS 200.464 (aid and
abet); NRS200.465 (purchase or sale)].
Human Trafficking
Assembly Bill 383 (2007 Session) – Trafficking in
persons: codified in NRS 200.467-.468, 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 201.354]
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 201.351]
• Person who commits certain offenses involving the pander
or prostitution of a child subject to stiff fines [NRS
201.352]:
 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
• Tougher penalties for conspiracy to commit
involuntary servitude and trafficking
• Civil cause of action for victims
• Asset forfeiture/victim restitution
• Involuntary servitude and trafficking constitute
racketeering
• 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.
• 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.
[NRS 179.1152 ]
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.
• 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.
[NRS 598.0964]
Consumer Fraud
Assembly Bill 322 (2009 Session) – Multiple transactions
involving fraud or deceit in course of enterprise or occupation
- category B felony [NRS 205.377 ]:
• Revises racketeering statutes [207.360-.400] 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.
• 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
205.372]:
 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 205.395] 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
201.560(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 200.727:
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
• 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)
• State v. Ritchie, ---P.3d---2009 WL 1393871 (Or.App.,
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)
• Ward v. State, 994 So.2d 293 (Ala.Crim.App., 2007)
• U.S. v. Romm, 455 F.3d 990 (C.A. 9 Nev., 2006)
Internet Crimes Against Children
Senate Bill 163 (2009 Session) – Revises NRS 388.135 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
• 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 200.737]:
• 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.
• 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.
• 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
205.4651 governing the application of victims of
identity theft for an identity theft card:
• Changes name from “Passport” to “Identity Theft
Program Card”
• Includes resident and non-resident victims
• 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 171.095]
increased for minors:
• 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.
Tech Crime
Senate Bill 485 (1999 Session) - Omnibus
tech crime legislation:
• Creates advisory board with federal & state
representation. [NRS Chapter 205A]
• Defines “technological crime”. [NRS
205A.030]
• Creates new tech crimes [NRS 205.473.513]
 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:
 Theft [NRS 205.0832 ]
 Telecommunications services – slamming
and cramming [NRS 598.968-.9694]
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 179.1211-.1235]
• 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]
Tech Crime
Assembly Bill 309 (2009 Session) – Adds “texting” to
crime of stalking with the use of a communication
device – category C felony [NRS 200.575].
Senate Bill 223 (2009 Session) – Revises statutes
dealing with credit and debit card offenses to apply to
the electronic equivalent of issued cards [NRS
205.690 (obtain or possess without consent); NRS
205.710 (sell or buy); NRS 205.760 (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.
• Unauthorized use or access of a computer, system,
network, telecommunications device,
telecommunications service or information service.
[NRS 205.477]
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
176.0912 ].
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 171.070].
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.
• 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.
[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
[email protected]