Prison sex act bill draws opposition at legislative hearing

Senate Bill 33, which would expand the definitions of sexual acts that could be prosecuted as felonies in the Nevada corrections system, would inappropriately encompass inmates who kiss or “lock eyes” in the shower, critics said.

The bill is being sought by the Nevada Department of Corrections.

Corrections Director Greg Cox said failing to comply with the provisions of the federal law could lead to the U.S. Department of Justice to withhold federal funding to the state. Also, failure to comply could lead to an increase in inmate litigation, he said.

But the American Civil Liberties Union of Nevada and the Washoe County public defender’s office said the bill goes beyond the goal of the federal act, which is to stop forcible sexual incidents.

Pam Del Porto, inspector general for the Department of Corrections, said statistics on consensual acts are not maintained by the department. It has substantiated nine nonconsensual acts between inmates in the Nevada correctional system since 2008. Another eight involving staff and inmates have been substantiated in the same time frame, she said.

There was some confusion during the hearing about what conduct would be prohibited if the bill were passed by the Legislature.

Voluntary sexual contact between inmates or inmates and staff is already a felony under Nevada law but is narrowly defined.

The bill would expand the definitions of the prohibited acts to include such new provisions as invading the privacy of another person “by watching the person change clothing or use a shower, toilet or urinal.”

Tod Story, interim executive director of the ACLU of Nevada, argued the bill as written would criminalize consensual sexual acts between inmates, which is not the purpose of the federal act.

The word “voluntary” in the bill should be replaced with “forcibly,” he said.

Christopher Frey, representing the Washoe County public defender’s office, also testified in opposition to the bill, arguing two inmates who kiss or “lock eyes” in the shower could be prosecuted if the bill is adopted as written.

It seems to be overly inclusive and could result in increased litigation and an expansion of those required to register as sex offenders, Frey said.

“Just from an intuitive level I question the wisdom of rendering someone a sex offender because of consensual kissing, but that appears to be what this law would actually achieve, at least in some instances,” he said.

Sen. Mark Hutchison, R-Las Vegas, said some of the language in the bill would be difficult to enforce. He cited the section dealing with the invasion of privacy and said it would increase litigation.

There was no immediate action on the measure, which will be reviewed in a committee work session.

Cox said after the hearing he will work with the committee and those who testified to come up with satisfactory language.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900.