Unlawful communication between person in position of authority and pupil: Penalty; exceptions

1. Except as otherwise provided in subsection 2 and unless a greater penalty is provided by specific statute, a person in a position of authority who knowingly contacts or communicates with or attempts to contact or communicate with a pupil with the intent to: (a) Engage in the commission of a crime punishable as a felony or gross misdemeanor; or (b) Cause or encourage the pupil to: (1) Engage in sexual conduct, either in person or through the use of an electronic communication device; (2) Use an electronic communication device to transmit or distribute a sexual image of himself or herself to the person; (3) Engage in an unlawful act that, if committed by an adult, would be a felony or gross misdemeanor; or (4) Facilitate the commission by the person in a position of authority of a crime punishable as a felony or gross misdemeanor, Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130. 2. The provisions of this section do not apply if the person in a position of authority: (a) Is married to the pupil at the time an act prohibited by this section is committed; (b) Does not have or did not have contact with the pupil in the course of performing any of his or her duties; or (c) Receives from a pupil, by electronic communication device, an unsolicited sexual image or communication of a sexual nature and reports the image or communication to the principal, administrator or other person in charge of the school at which the person is employed or volunteers as soon as reasonably practicable after receipt of the image or communication. 3. As used in this section: (a) “Electronic communication device” has the meaning ascribed to it in NRS 200.737. (b) “Person in a position of authority” means a person who is 18 years of age or older and who: (1) Is or was an employee at or volunteer for a public school or private school; and (2) Has had contact with a pupil in the course of performing his or her duties as an employee or volunteer. (c) “Pupil” means a person who is or was enrolled in or attending a public school or private school. (d) “Sexual conduct” has the meaning ascribed to it in NRS 201.520 and also includes sexual conduct between two persons who are in different physical locations but who are communicating with each other through the use of an electronic communication device. (e) “Sexual image” means any visual depiction, including, without limitation, any photograph or video of a pupil simulating or engaging in sexual conduct or of the pupil as the subject of a sexual portrayal. (f) “Sexual portrayal” has the meaning ascribed to it in NRS 200.700.