Current as of January 01, 2020 | Updated by FindLaw Staff
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1. Any person subject to this Code who engages in or causes nonconsensual sexual contact with or by another person, without legal justification or lawful authorization, is guilty of sexual assault or sexual misconduct and shall be punished by way of nonjudicial punishment or as a court-martial may direct.
2. Neither consent nor mistake of fact as to consent is an affirmative defense in a prosecution for sexual assault or sexual misconduct.
3. In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat.
4. As used in this section:
(a) “Nonconsensual” means:
(1) Using force against the other person before consent or to gain consent;
(2) Causing grievous bodily harm to a person;
(3) Threatening or placing a person in fear to gain consent;
(4) Rendering a person unconscious;
(5) Administering to a person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
(6) Receiving verbal nonconsent before the act; or
(7) Lack of permission given.
(b) “Sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of another person or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh or buttocks of any person, with an intent to abuse, humiliate or degrade any person or to arouse or gratify the sexual desire of any person.
A. An individual or group health care plan that is delivered, issued for delivery or renewed in this state and that provides a prescription drug benefit shall allow a subscriber to fill or refill a prescription for less than a thirty-day supply of the prescription drug, and apply a prorated daily copayment or coinsurance for the fill or refill, if:
(1) the prescribing practitioner or the pharmacist determines the fill or refill to be in the best in the best 1 interest of the subscriber;
(2) the subscriber requests or agrees to receive less than a thirty-day supply of the prescription drug; and
(3) the reduced fill or refill is made for the purpose of synchronizing the subscriber's prescription drug fills.
B. An individual or group health care plan that is delivered, issued for delivery or renewed in this state and that provides a prescription drug benefit shall not:
(1) deny coverage for the filling of a chronic medication when the fill is made in accordance with a plan to synchronize multiple prescriptions for the subscriber pursuant to Subsection A of this section established among the health care plan, the prescribing practitioner and a pharmacist. The health care plan shall allow a pharmacy to override any denial indicating that a prescription is being refilled too soon for the purposes of medication synchronization; and
(2) prorate a dispensing fee to a pharmacy that fills a prescription with less than a thirty-day supply of prescription drug pursuant to Subsection A of this section. The health care plan shall pay in full a dispensing fee for a partially filled or refilled prescription for each prescription dispensed, regardless of any prorated copayment or coinsurance that the subscriber may pay for prescription synchronization services.
Cite this article: FindLaw.com - Nevada Revised Statutes Title 36. Military Affairs and Civil Emergencies § 412.5485. Sexual assault and sexual misconduct - last updated January 01, 2020 | https://codes.findlaw.com/nv/title-36-military-affairs-and-civil-emergencies/nv-rev-st-412-5485/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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