N.R.S. 193.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.010. Definitions
As used in this title, unless the context otherwise requires, the words and terms defined in NRS 193.011 to 193.0245, inclusive, have the meanings ascribed to them in those sections.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.011
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.011. “Boat” defined
“Boat” includes ships, steamers and other structures adapted to navigation or movement from place to place by water.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0115
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0115. “Bond” defined
“Bond” includes an undertaking.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.012
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.012. “Break” defined
“Break,” when used in connection with the crime of burglary, includes:
1. Breaking or violently detaching any part, internal or external, of a building.
2. Opening, for the purpose of entering therein, any outer door of a building or of any room, apartment or set of apartments therein separately used and occupied, or any window, shutter, scuttle or other thing used for covering or closing any opening thereto or therein, or which gives passage from one part thereof to another.
3. Obtaining entrance into such building or apartment by any threat or artifice, used for that purpose, or by collusion with any person therein.
4. Entering such building, room or apartment by or through any pipe, chimney or other opening, or by excavating or digging through or under a building or the walls or foundation thereof.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0125
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0125. “Building” defined
“Building” includes every house, shed, boat, watercraft, railway car, tent or booth, whether completed or not, suitable for affording shelter for any human being, or as a place where any property is or will be kept for use, sale or deposit.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.013
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.013. “Corrupt” and “corruptly” defined
“Corrupt” and “corruptly” import a wrongful desire of a person to acquire or cause some pecuniary or other advantage to himself or herself or another person.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.014
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.014. “Dwelling house” defined
“Dwelling house” includes every building or structure which has been usually occupied by a person lodging therein at night, and whenever it is so constructed as to consist of two or more parts or rooms occupied or intended to be occupied, whether permanently or temporarily, by different tenants separately by usually lodging therein at night, or for any other separate purpose, each part shall be deemed a separate dwelling house of the tenant occupying it.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0145
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0145. “Enter” defined
“Enter,” when constituting an element or part of a crime, includes the entrance of the offender, or the insertion of any part of the body of the offender, or of any instrument or weapon held in the offender’s hand and used or intended to be used to threaten or intimidate a person, or to detach or remove property.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0155
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0155. “Indicted,” “indictment,” “informed against” and “information” defined
“Indicted” and “indictment” include “informed against” and “information”; and “informed against” and “information” include “indicted” and “indictment.”
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.016
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.016. “Judge” defined
“Judge” includes every judicial officer authorized, alone or with others, to hold or preside over a court of record.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0165
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0165. “Jurors” defined
“Jurors” include a tales-juror, and extend to jurors in all courts, whether of record or not.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.017
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.017. “Knowingly” defined
“Knowingly” imports a knowledge that the facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510; Laws 1997, p. 1600.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0175
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0175. “Malice” and “maliciously” defined
“Malice” and “maliciously” import an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.018
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.018. “Neglect,” “negligence,” “negligent” and “negligently” defined
“Neglect,” “negligence,” “negligent” and “negligently” import a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent person usually exercises in his or her own business.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510; Laws 1997, p. 1600.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0185
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0185. “Nighttime” defined
“Nighttime” includes the period between sunset and sunrise.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.019
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.019. “Officer” and “public officer” defined
“Officer” and “public officer” include all officers, members and employees of:
1. The State of Nevada;
2. Any political subdivision of this State;
3. Any other special district, public corporation or quasi-public corporation of this State; and
4. Any agency, board or commission established by this State or any of its political subdivisions,
and all persons exercising or assuming to exercise any of the powers or functions of a public officer.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0195
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0195. “Owner” defined
“Owner” of any property includes any person who has a general or special property in the whole or any part thereof, or lawful possession thereof, either actual or constructive.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0205
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0205. “Person” defined
“Person” includes this State or any other state, government or country which may lawfully own property within this State whenever it is used to designate a party whose property may be the subject of an offense.
CREDIT(S)
NRS 973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.021
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.021. “Personal property” defined
“Personal property” includes dogs and all domestic animals and birds, water, gas and electricity, all kinds or descriptions of money, chattels and effects, all instruments or writings completed and ready to be delivered or issued by the maker, whether actually delivered or issued or not, by which any claim, privilege, right, obligation or authority, or any right or title to property, real or personal, is or purports to be, or upon the happening of some future event may be evidenced, created, acknowledged, transferred, increased, diminished, encumbered, defeated, discharged or affected, and every right and interest therein.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0215
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0215. “Prison” defined
“Prison” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.022
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.022. “Prisoner” defined
“Prisoner” includes any person held in custody under process of law, or under lawful arrest.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0225
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0225. “Property” defined
“Property” includes both real and personal property.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.023
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.023. “Railway” or “railroad” defined
“Railway” or “railroad” includes all railways, railroads and street railways, whether operated by steam, electricity or any other motive power.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0235
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0235. “Real property” defined
“Real property” includes every estate, interest and right in lands, tenements and hereditaments, corporeal or incorporeal.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.024
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.024. “Signature” defined
“Signature” includes any memorandum, mark or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.0245
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.0245. “Writing” defined
“Writing” includes printing.
CREDIT(S)
Amended by Laws 1973, p. 355; Laws 1983, p. 815; Laws 1985, p. 510.
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.030
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.030. Construction of provisions of title
Every provision of this title shall be construed according to the fair import of its terms.
CREDIT(S)
Formerly C&P (1911), § 30; RL (1912), § 6295; NCL (1929), § 9979.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.040. Intent to defraud
Whenever an intent to defraud:
1. Shall be made an element of an offense, it shall be sufficient if an intent appears to defraud any person, association or body politic or corporation, whatever.
2. Constitutes a part of a crime, it is not necessary to aver or prove an intent to defraud any particular person.
CREDIT(S)
Formerly C&P (1911), § 29 [part]; RL (1912), § 6294; NCL (1929), § 9978. C&P (1911), § 41; RL (1912), § 6306; NCL (1929), § 9990.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.045
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.045. Repeated conviction as element or aggravation of offense: Place of former conviction immaterial
Wherever it is provided in any section of this title that a repeated conviction constitutes an element of an offense or aggravates an offense and affects the determination of penalty, it is immaterial whether such former conviction was obtained in Nevada or elsewhere.
CREDIT(S)
Added by Laws 1967, p. 459.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.050
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.050. Conduct constituting crime; prohibited or unlawful acts; common law
1. No conduct constitutes a crime unless prohibited by some statute of this State or by some ordinance or like enactment of a political subdivision of this State.
2. An act which is declared to be unlawful by any statute, ordinance or like enactment is prohibited within the meaning of this section and of NRS 193.170.
3. The provisions of the common law relating to the definition of public offenses apply to any public offense which is so prohibited but is not defined, or which is so prohibited but is incompletely defined.
4. This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
CREDIT(S)
Amended by Laws 1967, p. 458.
Formerly C&P (1911), § 35; RL (1912), § 6300; NCL (1929), § 9984.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.060
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.060. Construction of provisions similar to existing laws
The provisions of this title, insofar as they are substantially the same as existing statutes, shall be construed as continuations thereof and not as new enactments.
CREDIT(S)
Formerly C&P (1911), § 36; RL (1912), § 6301; NCL (1929), § 9985.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.070
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.070. Effect of provisions upon past offenses
Nothing contained in any provision of this title shall apply to an offense committed or act done at any time before the day when this title shall take effect. Such an offense shall be punished according to, and such act shall be governed by, the provisions of law existing when it is done or committed, in the same manner as if this title had not been passed.
CREDIT(S)
Formerly C&P (1911), § 31; RL (1912), § 6296; NCL (1929), § 9980.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.075
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.075. Effect of repeal of statute: Penalty previously imposed; prior violations
1. Any repeal, express or implied, of any statute shall not release or extinguish any penalty, forfeiture or liability incurred under such statute, unless the repealing act expressly so provides.
2. The repeal of any law creating a criminal offense does not constitute a bar to the indictment or information and punishment of an act already committed in violation of the law so repealed, unless the intention to bar the indictment and information and punishment is expressly declared in the repealing statute.
CREDIT(S)
Added by Laws 1971, p. 144.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.080
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.080. Application to existing civil rights
Nothing in this title shall be deemed to affect any civil right or remedy existing at the time when it shall take effect by virtue of the common law or of the provision of any statute.
CREDIT(S)
Formerly C&P (1911), § 32; RL (1912), § 6297; NCL (1929), § 9981.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.090
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.090. Civil remedies preserved
The omission to specify or affirm in this title any liability to any damages, penalty, forfeiture or other remedy imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable in this title, shall not affect any right to recover or enforce the same.
CREDIT(S)
Formerly C&P (1911), § 37; RL (1912), § 6302; NCL (1929), § 9986.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.100
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.100. Proceedings to impeach or remove officers and others preserved
The omission to specify or affirm in this title any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, shall not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition or suspension.
CREDIT(S)
Formerly C&P (1911), § 33; RL (1912), § 6298; NCL (1929), § 9982.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.105
Effective: May 28, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.105. Termination of employment, removal from office or impeachment of public employee or officer upon conviction for sale of controlled substance
1. If, during the course of his or her employment, an employee of the State or of any political subdivision of the State is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the employer upon discovery of the conviction shall terminate the employment of the employee.
2. If, during the course of his or her tenure in office, an officer of any county, city or township of the State is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the court as part of the penalty for such a conviction shall remove the officer from office.
3. If, during the course of his or her tenure in office, an elected or appointed officer of the State is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the prosecuting officer who obtained the conviction shall file a certified copy of the judgment roll with the Secretary of State. The Secretary of State shall lay the certified copy of the judgment roll before the appropriate House of the Legislature at its next session.
4. This section does not apply to a justice or judge of the court system.
CREDIT(S)
Added by Laws 1989, p. 186. Amended by Laws 2009, c. 257, § 24, eff. May 28, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.110
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.110. Authority of courts-martial unaffected; punishment for contempt unaffected
This title does not affect any power conferred by law upon any court-martial, or other military authority, or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal or officer, to impose or inflict punishment for a contempt.
CREDIT(S)
Formerly C&P (1911), § 34; RL (1912), § 6299; NCL (1929), § 9983.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.120
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.120. Classification of crimes
1. A crime is an act or omission forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline.
2. Every crime which may be punished by death or by imprisonment in the state prison is a felony.
3. Every crime punishable by a fine of not more than $1,000, or by imprisonment in a county jail for not more than 6 months, is a misdemeanor.
4. Every other crime is a gross misdemeanor.
CREDIT(S)
Amended by Laws 1981, p. 651.
Formerly C&P (1911), § 1; RL (1912), § 6266; NCL (1929), § 9950.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.130
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.130. Categories and punishment of felonies
1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.
CREDIT(S)
Amended by Laws 1967, p. 458; Laws 1995, p. 1167; Laws 1997, p. 1177; Laws 1999, p. 1186.
Formerly C&P (1911), § 18; RL (1912), § 6283; NCL (1929), § 9967.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.140
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.140. Punishment of gross misdemeanors
Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed a different penalty.
CREDIT(S)
Amended by Laws 1967, p. 459; Laws 1981, p. 652.
Formerly C&P (1911), § 19; RL (1912), § 6284; NCL (1929), § 9968.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.150
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.150. Punishment of misdemeanors
1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.
CREDIT(S)
Amended by Laws 1967, p. 459; Laws 1981, pp. 487, 652; Laws 1991, p. 1931; Laws 2001 (17th ss), c. 8, § 17, eff. June 15, 2001.
Formerly C&P (1911), § 20; RL (1912), § 6285; NCL (1929), § 9969.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.155
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.155. Penalty for public offense proportionate to value of property affected or loss resulting from offense
Every person who is guilty of a public offense proportionate to the value of the property affected or the loss resulting from the offense shall be punished as follows:
1. Where the value of the loss is $5,000 or more or where the damage results in impairment of public communication, transportation or police and fire protection, for a category C felony as provided in NRS 193.130.
2. Where the value of the loss is $250 or more but less than $5,000, for a gross misdemeanor.
3. Where the value of the loss is $25 or more but less than $250, for a misdemeanor.
4. Where the value of the loss is less than $25, by a fine of not more than $500.
CREDIT(S)
Added by Laws 1967, p. 459. Amended by Laws 1995, p. 1168.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.160
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.160. Penalty for misdemeanor by corporations when not fixed by statute
In all cases where a corporation is convicted of an offense for the commission of which a natural person would be punishable as for a misdemeanor, and there is no other punishment prescribed by law, the corporation is punishable by a fine not exceeding $1,000.
CREDIT(S)
Amended by Laws 1981, p. 652.
Formerly C&P (1911), § 21; RL (1912), § 6286; NCL (1929), § 9970.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.1605
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.1605. Minimum punishment for gross misdemeanor committed on property of school, at activity sponsored by school or on school bus
1. Any person who commits a gross misdemeanor on the property of a public or private school, at an activity sponsored by a public or private school, or on a school bus or at a bus stop used to load and unload a school bus while the bus is engaged in its official duties:
(a) Shall be punished by imprisonment in the county jail for not fewer than 15 days but not more than 1 year; and
(b) In addition to imprisonment, may be punished by a fine of not more than $2,000.
2. For the purposes of this section, “school bus” has the meaning ascribed to it in NRS 483.160.
CREDIT(S)
Added by Laws 1997, p. 1281.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.161
Effective: July 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.161. Additional or alternative penalty: Felony committed on property of school, at activity sponsored by school or on school bus
1. Except as otherwise provided in subsection 3 and NRS 193.169, any person who commits a felony on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus is engaged in its official duties shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
2. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
3. Unless a greater penalty is provided by specific statute and except as otherwise provided in NRS 193.169, in lieu of an additional term of imprisonment as provided pursuant to subsections 1 and 2, if a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who committed the felony intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person, the felony may be deemed a category A felony and the person who committed the felony may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
4. Subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 3 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
5. For the purposes of this section, “school bus” has the meaning ascribed to it in NRS 483.160.
CREDIT(S)
Added by Laws 1989, p. 2065. Amended by Laws 1991, p. 1058; Laws 1995, p. 1424; Laws 1999, p. 1334; Laws 2007, c. 525, § 10, eff. July 1, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.162
Effective: July 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.162. Additional penalty: Felony committed by adult with assistance of child
1. Except as otherwise provided in NRS 193.169 and 454.306, an adult who, with the assistance of a child:
(a) Commits a crime that is punishable as a category A or a category B felony shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
(b) Commits any felony other than a category A or a category B felony shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
2. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
3. An additional sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
4. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
5. As used in this section:
(a) “Adult” means a person who is 18 years of age or older.
(b) “Child” means a person who is less than 18 years of age.
CREDIT(S)
Added by Laws 1997, p. 260. Amended by Laws 2007, c. 525, § 11, eff. July 1, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.163
Effective: July 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.163. Additional penalty: Use of handgun containing metal-penetrating bullet in commission of crime
1. Except as otherwise provided in NRS 193.169, any person who uses a handgun containing a metal-penetrating bullet in the commission of a crime shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
2. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
3. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
4. As used in this section, “metal-penetrating bullet” has the meaning ascribed to it in NRS 202.273.
CREDIT(S)
Added by Laws 1983, p. 800. Amended by Laws 1991, p. 1059; Laws 2007, c. 525, § 12, eff. July 1, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.165
Effective: July 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.165. Additional penalty: Use of deadly weapon or tear gas in commission of crime; restriction on probation
1. Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.375, in the commission of a crime shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
2. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
3. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
4. The provisions of subsections 1, 2 and 3 do not apply where the use of a firearm, other deadly weapon or tear gas is a necessary element of such crime.
5. The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, other deadly weapon or tear gas in the commission of any of the following crimes:
(a) Murder;
(b) Kidnapping in the first degree;
(c) Sexual assault; or
(d) Robbery.
6. As used in this section, “deadly weapon” means:
(a) Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death;
(b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or
(c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.
CREDIT(S)
Added by Laws 1973, p. 1593. Amended by Laws 1975, p. 720; Laws 1979, p. 225; Laws 1981, p. 2050; Laws 1991, p. 1059; Laws 1995, p. 1431; Laws 2007, c. 525, § 13, eff. July 1, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.166
Effective: May 11, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.166. Additional penalty: Felony committed in violation of order for protection or order to restrict conduct; restriction on probation
1. Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400, subsection 5 of NRS 200.591 or subsection 5 of NRS 200.378, in violation of:
(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;
(b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;
(c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;
(d) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS;
(e) A temporary or extended order issued pursuant to NRS 200.591; or
(f) A temporary or extended order issued pursuant to NRS 200.378,
shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a minimum term of not less than 1 year and a maximum term of not more than 20 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years.
2. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
3. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.
4. The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, battery which results in substantial bodily harm or battery which is committed by strangulation as described in NRS 200.481 or 200.485 if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.
5. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
CREDIT(S)
Added by Laws 2003, c. 290, § 1, eff. Oct. 1, 2003. Amended by Laws 2005, c. 269, § 1, eff. July 1, 2005; Laws 2007, c. 28, § 1, eff. July 1, 2007; Laws 2007, c. 525, § 14, eff. July 1, 2007; Laws 2009, c. 42, § 1, eff. May 6, 2009; Laws 2009, c. 68, § 1, eff. May 11, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.167
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.167. Additional penalty: Certain crimes committed against person 60 years of age or older or against vulnerable person
1. Except as otherwise provided in NRS 193.169, any person who commits the crime of:
(a) Murder;
(b) Attempted murder;
(c) Assault;
(d) Battery;
(e) Kidnapping;
(f) Robbery;
(g) Sexual assault;
(h) Embezzlement of money or property of a value of $650 or more;
(i) Obtaining money or property of a value of $650 or more by false pretenses; or
(j) Taking money or property from the person of another,
against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
2. Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
3. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime or criminal violation;
(b) The criminal history of the person;
(c) The impact of the crime or criminal violation on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
4. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime or criminal violation.
5. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
6. As used in this section, “vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.
CREDIT(S)
Added by Laws 1979, p. 831. Amended by Laws 1989, p. 1850; Laws 1991, p. 1059; Laws 1993, p. 1; Laws 1999, p. 42; Laws 2003, c. 422, § 1, eff. Oct. 1, 2003; Laws 2005, c. 324, § 1; Laws 2007, c. 525, § 15, eff. July 1, 2007; Laws 2011, c. 41, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.1675
Effective: July 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.1675. Additional penalty: Commission of crime because of certain actual or perceived characteristics of victim
1. Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460 to 200.465, inclusive, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.
2. A sentence imposed pursuant to this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
3. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
CREDIT(S)
Added by Laws 1995, p. 2704. Amended by Laws 1997, pp. 59, 1347; Laws 2001, c. 123, § 1, eff. Oct. 1, 2001; Laws 2005, c. 44, § 1, eff. Oct. 1, 2005; Laws 2007, c. 525, § 16, eff. July 1, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.168
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.168. Additional penalty: Felony committed to promote activities of criminal gang; restriction on probation; expert testimony
1. Except as otherwise provided in subsection 5 and NRS 193.169, any person who is convicted of a felony committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang, shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
2. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
3. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
4. The court shall not impose an additional penalty pursuant to this section unless:
(a) The indictment or information charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang; and
(b) The trier of fact finds that allegation to be true beyond a reasonable doubt.
5. The court shall not impose an additional penalty pursuant to this section if the primary offense is a violation of NRS 201.570.
6. Except as otherwise provided in this subsection, the court shall not grant probation to or suspend the sentence of any person convicted of a felony committed for the benefit of, at the direction of, or in affiliation with, a criminal gang if an additional term of imprisonment may be imposed for that primary offense pursuant to this section. The court may, upon the receipt of an appropriate motion, reduce or suspend the sentence imposed for the primary offense if it finds that the defendant rendered substantial assistance in the arrest or conviction of any other principals, accomplices, accessories or coconspirators to the crime, or of any other persons involved in the commission of a felony which was committed for the benefit of, at the direction of, or in affiliation with, a criminal gang. The agency which arrested the defendant must be given an opportunity to support or oppose such a motion before it is granted or denied. If good cause is shown, the motion may be heard in camera.
7. In any proceeding to determine whether an additional penalty may be imposed pursuant to this section, expert testimony is admissible to show particular conduct, status and customs indicative of criminal gangs, including, but not limited to:
(a) Characteristics of persons who are members of criminal gangs;
(b) Specific rivalries between criminal gangs;
(c) Common practices and operations of criminal gangs and the members of those gangs;
(d) Social customs and behavior of members of criminal gangs;
(e) Terminology used by members of criminal gangs;
(f) Codes of conduct, including criminal conduct, of particular criminal gangs; and
(g) The types of crimes that are likely to be committed by a particular criminal gang or by criminal gangs in general.
8. As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.
CREDIT(S)
Added by Laws 1991, p. 1057. Amended by Laws 2007, c. 525, § 17, eff. July 1, 2007; Laws 2009, c. 112, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.1685
Effective: July 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.1685. Additional or alternative penalty: Felony committed with intent to commit, cause, aid, further or conceal act of terrorism
1. Except as otherwise provided in this section and NRS 193.169, any person who commits a felony with the intent to commit, cause, aid, further or conceal an act of terrorism shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
2. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs consecutively with the sentence prescribed by statute for the crime.
3. Unless a greater penalty is provided by specific statute and except as otherwise provided in NRS 193.169, in lieu of an additional term of imprisonment as provided pursuant to subsections 1 and 2, if a felony that resulted in death or substantial bodily harm to the victim was committed with the intent to commit, cause, aid, further or conceal an act of terrorism, the felony may be deemed a category A felony and the person who committed the felony may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
4. Subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 3 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
5. The provisions of this section do not apply to an offense committed in violation of NRS 202.445.
6. As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.
CREDIT(S)
Added by Laws 2003, c. 470, § 2, eff. June 10, 2003. Amended by Laws 2007, c. 525, § 18, eff. July 1, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.169
Effective: July 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.169. Additional or alternative penalty: Limitation on imposition; alternative allegations
1. A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, subsection 1 of NRS 193.1685, NRS 453.3335, 453.3345, 453.3351 or subsection 1 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person's conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
2. A person who is sentenced to an alternative term of imprisonment pursuant to subsection 3 of NRS 193.161, subsection 3 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, 453.3335, 453.3345 or 453.3351 even if the person's conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.
(b) Prohibit alleging in the alternative in the indictment or information that the person's conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
CREDIT(S)
Added by Laws 1991, p. 1058. Amended by Laws 1995, p. 2704; Laws 1997, p. 260; Laws 1999, p. 1335; Laws 2003, c.11, § 2, eff. Oct. 1, 2003; Laws 2003, c. 470, § 3, eff. June 10, 2003; Laws 2003, c. 168, § 2, eff. Oct. 1, 2003; Laws 2003, c. 290, § 2, eff. Oct. 1, 2003; Laws 2005, c. 266, § 2, eff. June 6, 2005; Laws 2007, c. 525, § 19, eff. July 1, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.170
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.170. Prohibited act is misdemeanor when no penalty imposed
Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 23; RL (1912), § 6288; NCL (1929), § 9972.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.190
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.190. To constitute crime there must be unity of act and intent
In every crime or public offense there must exist a union, or joint operation of act and intention, or criminal negligence.
CREDIT(S)
Formerly C&P (1911), § 6; RL (1912), § 6271; NCL (1929), § 9955.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.200
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.200. Intent: How manifested
Intention is manifested by the circumstances connected with the perpetration of the offense, and the sound mind and discretion of the person accused.
CREDIT(S)
Formerly C&P (1911), § 7; RL (1912), § 6272; NCL (1929), § 9956.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.210
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.210. When person considered to be of sound mind
A person is of sound mind who is not affected with insanity and who has arrived at the age of 14 years, or before that age if the person knew the distinction between good and evil.
CREDIT(S)
Amended by Laws 1995, p. 2466; Laws 2001 (17th ss), c. 8, § 18, eff. June 15, 2001; Laws 2003, c. 284, § 35, eff. July 1, 2003.
Formerly C&P (1911), § 4; RL (1912), § 6269; NCL (1929), § 9953.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.220
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.220. When voluntary intoxication may be considered
No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the fact of the person’s intoxication may be taken into consideration in determining the purpose, motive or intent.
CREDIT(S)
Amended by Laws 1995, p. 2466; Laws 2003, c. 284, § 36, eff. July 1, 2003.
Formerly C&P (1911), § 17; RL (1912), § 6282; NCL (1929), § 9966.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.230
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.230. Lawful resistance to commission of public offense: Who may make
Lawful resistance to the commission of a public offense may be made:
1. By the party about to be injured.
2. By other parties.
CREDIT(S)
Added by Laws 1967, p. 1469.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.240
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.240. Resistance by party about to be injured
Resistance sufficient to prevent the offense may be made by the party about to be injured:
1. To prevent an offense against his or her person, family or some member of his or her family.
2. To prevent an illegal attempt, by force, to take or injure property in his or her lawful possession.
CREDIT(S)
Added by Laws 1967, p. 1469.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.250
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.250. Resistance by other persons
Any other person, in aid or defense of a person about to be injured, may make resistance sufficient to prevent the offense.
CREDIT(S)
Added by Laws 1967, p. 1469.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.260
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.260. Persons acting by command of officers of justice
Whenever the officers of justice are authorized to act in the prevention of public offenses, other persons, who by their command act in their aid, are justified in so doing.
CREDIT(S)
Added by Laws 1967, p. 1469.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.270
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.270. Acts punishable under foreign law
An act or omission punishable as a crime in this state is not less so because it is also punishable under the laws of another state, government or country, unless the contrary is expressly declared in the law relating thereto.
CREDIT(S)
Substituted in 1985 revision for NRS 208.010.
Formerly C&P (1911), § 39; RL (1912), § 6304; NCL (1929), § 9988.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.280
Effective: July 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.280. Defendant allowed to introduce in evidence foreign acquittal
Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted upon the merits, upon a criminal prosecution under the laws of such state or country, founded upon the act or omission with respect to which the defendant is upon trial, such former acquittal may be introduced in evidence by the defendant in the trial.
CREDIT(S)
Substituted in 1985 revision for NRS 208.020. Amended by Laws 2009, c. 476, § 1, eff. July 1, 2009.
Formerly C&P (1911), § 14; RL (1912), § 6279; NCL (1929), § 9963.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.290
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.290. Conviction or acquittal in other county is sufficient defense
Whenever, upon the trial of any person for a crime, it shall appear that the defendant has already been acquitted or convicted upon the merits, of the same crime, in a court having jurisdiction of such offense in another county of this state, such former acquittal or conviction is a sufficient defense.
CREDIT(S)
Substituted in 1985 revision for NRS 208.030.
Formerly C&P (1911), § 15; RL (1912), § 6280; NCL (1929), § 9964.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.300
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.300. Punishment for contempt
A criminal act which at the same time constitutes contempt of court, and has been punished as such, may also be punished as a crime, but in such case the punishment for contempt may be considered in mitigation.
CREDIT(S)
Substituted in 1985 revision for NRS 208.040.
Formerly C&P (1911), § 40; RL (1912), § 6305; NCL (1929), § 9989.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.310
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.310. Sending letters: When offense deemed complete; venue
Whenever any statute makes the sending of a letter criminal, the offense shall be deemed complete from the time it is deposited in any post office or other place, or delivered to any person with intent that it shall be forwarded; and the sender may be proceeded against in the county wherein it was so deposited or delivered, or in which it was received by the person to whom it was addressed.
CREDIT(S)
Substituted in 1985 revision for NRS 208.050.
Formerly C&P (1911), § 42; RL (1912), § 6307; NCL (1929), § 9991.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.320
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.320. Omission to perform duty: When not punishable
No person shall be punished for an omission to perform an act when such act has been performed by another acting in the person’s behalf and competent to perform it.
CREDIT(S)
Substituted in 1985 revision for NRS 208.060.
Formerly C&P (1911), § 16; RL (1912), § 6281; NCL (1929), § 9965.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.330
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.330. Punishment for attempts
1. An act done with the intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime. A person who attempts to commit a crime, unless a different penalty is prescribed by statute, shall be punished as follows:
(a) If the person is convicted of:
(1) Attempt to commit a category A felony, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
(2) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is greater than 10 years, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
(3) Attempt to commit a category B felony for which the maximum term of imprisonment authorized by statute is 10 years or less, for a category C felony as provided in NRS 193.130.
(4) Attempt to commit a category C felony, for a category D felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
(5) Attempt to commit a category D felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
(6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
(b) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony for which a category is not designated by statute, by imprisonment for not more than one-half the longest term authorized by statute, or by a fine of not more than one-half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both fine and imprisonment.
2. Nothing in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed. A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion discharges the jury and directs the defendant to be tried for the crime itself.
CREDIT(S)
Amended by Laws 1981, p. 158. Substituted in 1985 revision for NRS 208.070. Amended by Laws 1995, p. 1168; Laws 1997, p. 1178.
Formerly C&P (1911), § 26; RL (1912), § 6291; NCL (1929), § 9975.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 193.340
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 193. General Provisions
193.340. Required disclosure of certain information by provider of Internet service; penalty; issuance and enforcement of administrative subpoena; fee for information
1. A provider of Internet service who violates the provisions of 18 U.S.C. § 2703 is guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 for each violation.
2. In investigating criminal activity that involves or may involve the use of a computer, the Attorney General, a district attorney, the sheriff of any county in this State, the head of any organized police department of any municipality in this State, the head of any department of this State engaged in the enforcement of any criminal law of this State and any sheriff or chief of police of a municipality may, if there is reasonable cause to believe that an individual subscriber or customer of a provider of Internet service has committed an offense through the use of the services of the provider of Internet service, issue a subpoena to carry out the procedure set forth in 18 U.S.C. § 2703 to compel the provider of Internet service to provide information concerning the individual subscriber or customer that the provider of Internet service is required to disclose pursuant to 18 U.S.C. § 2703.
3. If a person who has been issued a subpoena pursuant to subsection 2 charges a fee for providing the information, the fee must not exceed the actual cost for providing the information.
4. If a person who has been issued a subpoena pursuant to subsection 2 refuses to produce any information that the subpoena requires, the person who issued the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.
5. As used in this section, “provider of Internet service” has the meaning ascribed to it in NRS 205.4758, but does not include a public library when it is engaged in providing access to the Internet.
CREDIT(S)
Added by Laws 2001, c. 560, § 1, eff. June 13, 2001. Amended by Laws 2003, c. 58, § 1, eff. July 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 194.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 194. Persons Liable to Punishment for Crime
194.010. Persons capable of committing crimes
All persons are liable to punishment except those belonging to the following classes:
1. Children under the age of 8 years.
2. Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.
3. Persons who committed the act charged or made the omission charged in a state of insanity.
4. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.
5. Persons who committed the act charged without being conscious thereof.
6. Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.
7. Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.
CREDIT(S)
Amended by Laws 1979, p. 145; Laws 1981, p. 1660; Laws 1995, p. 2467; Laws 2001 (17th ss), c. 8, § 19, eff. June 15, 2001; Laws 2003, c. 284, § 37, eff. July 1, 2003.
Formerly C&P (1911), § 3; RL (1912), § 6268; NCL (1929), § 9952.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 194.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 194. Persons Liable to Punishment for Crime
194.020. Persons liable to punishment
The following persons, except as provided in NRS 194.010, are liable to punishment:
1. A person who commits in the State any crime, in whole or in part.
2. A person who commits out of the State any act which, if committed within it, would be larceny, and is afterward found in the State with any of the stolen property.
3. A person who, being out of the State, counsels, causes, procures, aids or abets another to commit a crime in this State.
4. A person who, being out of the State, abducts or kidnaps, by force or fraud, any person, contrary to the laws of the place where the act is committed, and brings, sends or conveys such person into this State.
5. A person who commits an act without the State which affects persons or property within the State, or the public health, morals or decency of the State, which, if committed within the State, would be a crime.
CREDIT(S)
Formerly C&P (1911), § 2; RL (1912), § 6267; NCL (1929), § 9951.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 194.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 194. Persons Liable to Punishment for Crime
194.040. Jurisdiction of State over public offenses committed by or against Indians in areas of Indian country
In accordance with the provisions of NRS 41.430, jurisdiction over public offenses committed by or against Indians in the areas of Indian country in Nevada is assumed by the State of Nevada.
CREDIT(S)
Formerly section 1 of chapter 198 of Laws 1955. Section 2 of chapter 198 of Laws 1955. Section 3 of chapter 198 of Laws 1955.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 195, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 195. Parties to Crimes
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 195.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 195. Parties to Crimes (Refs & Annos)
195.010. Classification of parties to crimes
Parties to crimes are classified as:
1. Principals; and
2. Accessories.
CREDIT(S)
Formerly C&P (1911), § 8; RL (1912), § 6273; NCL (1929), § 9957.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 195.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 195. Parties to Crimes (Refs & Annos)
195.020. Principals
Every person concerned in the commission of a felony, gross misdemeanor or misdemeanor, whether the person directly commits the act constituting the offense, or aids or abets in its commission, and whether present or absent; and every person who, directly or indirectly, counsels, encourages, hires, commands, induces or otherwise procures another to commit a felony, gross misdemeanor or misdemeanor is a principal, and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him or her.
CREDIT(S)
Formerly C&P (1911), § 9; RL (1912), § 6274; NCL (1929), § 9958.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 195.030
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 195. Parties to Crimes (Refs & Annos)
195.030. Accessories
Every person not standing in the relation of husband or wife, brother or sister, parent or grandparent, child or grandchild, to the offender, who:
1. After the commission of a felony harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a felony or is liable to arrest, is an accessory to the felony.
2. After the commission of a gross misdemeanor harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor.
CREDIT(S)
Amended by Laws 1959, p. 294.
Formerly C&P (1911), § 10; RL (1912), § 6275; NCL (1929), § 9959.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 195.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 195. Parties to Crimes (Refs & Annos)
195.040. Trial and punishment of accessories
1. An accessory to a felony may be indicted, tried and convicted either in the county where he or she became an accessory, or where the principal felony was committed, whether the principal offender has or has not been convicted, or is or is not amenable to justice, or has been pardoned or otherwise discharged after conviction. Except where a different punishment is specially provided by law, the accessory is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. An accessory to a gross misdemeanor may be indicted, tried and convicted in the manner provided for an accessory to a felony and, except where a different punishment is specially provided by law, shall be punished by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.
CREDIT(S)
Amended by Laws 1959, p. 294; Laws 1995, p. 1169.
Formerly C&P (1911), § 11; RL (1912), § 6276; NCL (1929), § 9960.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 196.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 196. Crimes Against the Sovereignty of This State
196.010. Treason
1. Treason against the people of the State consists in:
(a) Levying war against the people of the State;
(b) Adhering to its enemies; or
(c) Giving them aid and comfort.
2. Treason is a category B felony and is punishable by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
3. A person must not be convicted for treason unless upon the testimony of two witnesses to the same overt act or by confession in open court.
CREDIT(S)
Amended by Laws 1967, p. 459; Laws 1973, p. 1803; Laws 1995, p. 1170.
Formerly C&P (1911), § 43; RL (1912), § 6308; NCL (1929), § 9992.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 196.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 196. Crimes Against the Sovereignty of This State
196.020. “Levying war” defined
To constitute levying war against the State an actual act of war must be committed. To conspire to levy war is not enough. When persons arise in insurrection with intent to prevent, in general, by force and intimidation, the execution of a statute of this state, or to force its repeal, they shall be guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance, and for a private purpose, is not levying war.
CREDIT(S)
Formerly C&P (1911), § 44; RL (1912), § 6309; NCL (1929), § 9993.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 196.030
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 196. Crimes Against the Sovereignty of This State
196.030. Misprision of treason
A person who has knowledge of the commission of treason, who conceals the crime, and does not, as soon as may be, disclose the treason to the Governor or a justice of the Supreme Court or a judge of the district court, is guilty of misprision of treason which is a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 460; Laws 1979, p. 1417; Laws 1995, p. 1170.
Formerly C&P (1911), § 45; RL (1912), § 6310; NCL (1929), § 9994.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 197, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.010. Bribery of executive or administrative officer
A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to any executive or administrative officer of the State, with the intent to influence the officer with respect to any act, decision, vote, opinion or other proceeding, as such officer, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 460; Laws 1979, p. 1417; Laws 1995, p. 1170.
Formerly C&P (1911), § 46 [part]; RL (1912), § 6311; NCL (1929), § 9995.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.020. Bribery of other public officers
A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a person executing any of the functions of a public officer other than as specified in NRS 197.010, 199.010 and 218A.960, with the intent to influence the person with respect to any act, decision, vote or other proceeding in the exercise of his or her powers or functions, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 460; Laws 1979, p. 1417; Laws 1995, p. 1170.
Formerly C&P (1911), § 46 [part]; RL (1912), § 6311; NCL (1929), § 9995.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.030
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.030. Asking or receiving bribe by executive or administrative officer
An executive or administrative officer or person elected or appointed to an executive or administrative office who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion or action upon any matter then pending, or which may by law be brought before him or her in an official capacity, will be influenced thereby, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 460; Laws 1979, p. 1418; Laws 1995, p. 1170.
Formerly C&P (1911), § 47 [part]; RL (1912), § 6312; NCL (1929), § 9996.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.040. Asking or receiving bribe by public officer or employee
A person who executes any of the functions of a public office not specified in NRS 197.030, 199.020 or 218A.965, and a person employed by or acting for the State or for any public officer in the business of the State, who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or other official proceeding will be influenced thereby, or that he or she will do or omit any act or proceeding or in any way neglect or violate any official duty, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 460; Laws 1979, p. 1418; Laws 1995, p. 1171.
Formerly C&P (1911), § 47 [part]; RL (1912), § 6312; NCL (1929), § 9996.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.050
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.050. Rebate or division of salary unlawful
1. It is unlawful for any state, county or municipal officer to offer or agree to appoint, or for any person whatever to offer to procure, or to offer to aid in procuring, the appointment of any deputy officer or attaché of the state, county or municipal government of this state, for any consideration contemplating any division or rebate of the salary of the deputy or attaché during his or her term of office, or for any monetary or other valuable consideration whatsoever, or, after such an appointment is made, to receive or to accept any portion of the salary of the deputy or attaché, or to receive any money or other valuable reward whatsoever, as a consideration for retaining the deputy or attaché, or as a consideration for procuring, or for aid in obtaining the procuring of, the retention of the deputy or attaché in any position to which the deputy or attaché may be or has been appointed, or for any purpose whatsoever except in payment of a bona fide debt as provided in NRS 197.070.
2. A person who violates any of the provisions of subsection 1 commits bribery which is a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 461; Laws 1995, p. 1171.
Formerly C&P (1911), § 48; RL (1912), § 6313; NCL (1929), § 9997. C&P (1911), § 51 [part]; RL (1912), § 6316; NCL (1929), § 10000.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.060
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.060. Unlawful to agree to divide salary
1. It is unlawful for any deputy officer or attaché of the state, county or municipal government of this state to rebate, refund, pay or divide, to or with his or her principal or to or with any person whatever, any part or portion of his or her salary or compensation now fixed, or that may hereafter be fixed or established, by law, as a consideration either for the making or for the procuring of such an appointment, or for aid in procuring the same, or for the retention, or for the procuring or aid in procuring the retention, of such an appointment as deputy or attaché, or to make any division or payment out of his or her salary to this end, except in payment of a bona fide debt as provided in NRS 197.070.
2. A person who violates any of the provisions of subsection 1 commits bribery which is a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 461; Laws 1995, p. 1171.
Formerly C&P (1911), § 49; RL (1912), § 6314; NCL (1929), § 9998. C&P (1911), § 51 [part]; RL (1912), § 6316; NCL (1929), § 10000.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.070
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.070. Payment of bona fide debt by deputy or attaché
Nothing in NRS 197.050 and 197.060 shall be construed to relieve any deputy officer or attaché from the payment of a bona fide debt, contracted for value received, for which a civil action would lie in a court of law, or to prevent such deputy officer or attaché from paying the same out of his or her salary.
CREDIT(S)
Formerly C&P (1911), § 50; RL (1912), § 6315; NCL (1929), § 9999.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.080
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.080. Offering reward for appointment
Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward, in consideration that the person or another person shall be appointed to a public office or to a clerkship, deputation or other subordinate position in such office, or that the person or any other person shall be permitted to exercise, perform or discharge any prerogative or duty or receive any emolument of such office, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 52; RL (1912), § 6317; NCL (1929), § 10001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.090
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.090. Interfering with public officer
Except under circumstances where a greater penalty is provided in NRS 200.481, any person who, by means of any threat, force or violence, attempts to deter or prevent any executive or administrative officer from performing any duty imposed upon the officer by law, or who knowingly resists by force or violence any executive or administrative officer in the performance of the officer’s duty, is guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1981, p. 11.
Formerly C&P (1911), § 64; RL (1912), § 6329; NCL (1929), § 10013.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.100
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.100. Influencing public officer
1. Every person who shall ask or receive any compensation, gratuity or reward, or any promise thereof:
(a) Upon the representation that the person can, directly or indirectly, or in consideration that the person shall, or shall attempt to, directly or indirectly, influence any public officer, whether executive, administrative, judicial or legislative, to refuse, neglect, or defer the performance of any official duty;
(b) The right to retain or receive which shall be conditioned that such person shall, directly or indirectly, successfully influence by any means whatever any executive, administrative or legislative officer, in respect to any act, decision, vote, opinion or other proceeding, as such officer; or
(c) Upon the representation that the person can, directly or indirectly, or in consideration that the person shall, or shall attempt to, directly or indirectly, influence any public officer, whether executive, administrative, judicial or legislative, in respect to any act, decision, vote, opinion or other proceeding, as such officer, unless it be clearly understood and agreed in good faith between the parties thereto, on both sides, that no means or influence shall be employed except explanation and argument upon the merits,
shall be guilty of a gross misdemeanor.
2. In any prosecution under paragraph (c) of subsection 1, evidence of the means actually employed to influence such officer shall be admitted as proof of the means originally contemplated by the defendant.
CREDIT(S)
Formerly C&P (1911), § 65; RL (1912), § 6330; NCL (1929), § 10014.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.110
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.110. Misconduct of public officer
Every public officer who:
1. Asks or receives, directly or indirectly, any compensation, gratuity or reward, or promise thereof, for omitting or deferring the performance of any official duty or for any official service which has not been actually rendered, except in case of charges for prospective costs or fees demandable in advance in a case allowed by law; or
2. Employs or uses any person, money or property under the public officer's official control or direction, or in the public officer's official custody, for the private benefit or gain of the public officer or another,
is guilty of a category E felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1987, p. 1461; Laws 1999, p. 2747.
Formerly C&P (1911), § 66; RL (1912), § 6331; NCL (1929), § 10015.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.120
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.120. False impersonation of public officer; intrusion into and refusal to surrender public office
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude into a public office to which the person has not been duly elected or appointed, or who shall willfully exercise any of the functions or perform any of the duties of such officer, without having duly qualified therefor, as required by law, or who, having been an executive or administrative officer, shall willfully exercise any of the functions of office after his or her right to do so has ceased, or wrongfully refuse to surrender the official seal or any books or papers appertaining to such office, upon the demand of his or her lawful successor, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 67; RL (1912), § 6332; NCL (1929), § 10016.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.130
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.130. False report by public officer
Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 84; RL (1912), § 6349; NCL (1929), § 10033.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.140
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.140. Public officer making false certificate
Every public officer who, being authorized by law to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing containing any statement which the public officer knows to be false, in a case where the punishment thereof is not expressly prescribed by law, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 110; RL (1912), § 6375; NCL (1929), § 10059.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.150
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.150. Falsely auditing or paying claim
A public officer, or person holding or discharging the duties of any public office or place of trust under the State or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying claims or demands upon the State or a county, town or city, who knowingly audits, allows or pays, or directly or indirectly consents to or in any way connives in the audit, allowance or payment of any claim or demand against the State, county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be punished:
1. Where the amount of the false or fraudulent charge, claim, item or demand is $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the amount of the fraudulent charge, claim, item or demand is less than $650, for a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 461; Laws 1979, p. 1418; Laws 1989, p. 1430; Laws 1995, p. 1172; Laws 2011, c. 41, § 2.
Formerly C&P (1911), § 111; RL (1912), § 6376; NCL (1929), § 10060.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.160
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.160. Fraudulently presenting claim to public officer
Every person who, with the intent to defraud, shall knowingly present for audit, allowance or payment to any officer or board of the State or of any county, city, town, school or other district authorized to audit, allow or pay bills, claims or charges, any false or fraudulent claim, account, writing or voucher or any bill, account or demand containing false or fraudulent charges, items or claims, shall be guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1965, p. 361.
Formerly C&P (1911), § 450; RL (1912), § 6715; NCL (1929), § 10403.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.170
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.170. Extortion by public officer or employee
A public officer or employee who:
1. Asks, receives or agrees to receive a fee or other compensation for official service or employment either:
(a) In excess of the fee or compensation allowed by statute therefor; or
(b) Where a fee or compensation is not allowed by statute therefor; or
2. Requests money, property or anything of value which is not authorized by law, from any person regulated by the public officer or employee, and in a manner which would cause a reasonable person to be intimidated into complying with the request to avoid the risk of adverse action by the public officer or employee,
commits extortion which is a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
CREDIT(S)
Amended by Laws 1967, p. 462; Laws 1979, p. 1418; Laws 1995, p. 1172; Laws 1999, p. 2747.
Formerly C&P (1911), § 473; RL (1912), § 6738; NCL (1929), § 10422.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.180
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.180. Wrongful exercise of official power
Any person who willfully takes upon himself or herself to exercise or officiate in any office or place of another, without being lawfully authorized thereto, is guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 462.
Formerly C&P (1911), § 539; RL (1912), § 6804; NCL (1929), § 10485.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.190
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.190. Obstructing public officer
Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or information lawfully required of the person by any public officer, or who, in such statement, report or information shall make any willfully untrue, misleading or exaggerated statement, or who shall willfully hinder, delay or obstruct any public officer in the discharge of official powers or duties, shall, where no other provision of law applies, be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 540; RL (1912), § 6805; NCL (1929), § 10486.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.200
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.200. Oppression under color of office
1. An officer, or a person pretending to be an officer, who unlawfully and maliciously, under pretense or color of official authority:
(a) Arrests or detains a person against the person’s will;
(b) Seizes or levies upon another's property;
(c) Dispossesses another of any lands or tenements; or
(d) Does any act whereby the person, property or rights of another person are injured,
commits oppression.
2. An officer or person committing oppression shall be punished:
(a) Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 462; Laws 1995, p. 1172.
Formerly C&P (1911), § 541; RL (1912), § 6806; NCL (1929), § 10487.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.210
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.210. Fraudulent appropriation of property
An officer who fraudulently appropriates to his or her own use or to the use of another person, or secretes with the intent to appropriate to such a use, any money, evidence of debt or other property entrusted to the officer by virtue of his or her office, shall be punished:
1. Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate is $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate is less than $650, for a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 462; Laws 1979, p. 1419; Laws 1989, p. 1431; Laws 1995, p. 1173; Laws 2011, c. 41, § 3.
Formerly C&P (1911), § 80 [part]; RL (1912), § 6345; NCL (1929), § 10029.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.220
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.220. Other violations by officers
Every public officer or other person who shall willfully disobey any provision of law regulating his or her official conduct in cases for which no other punishment is provided shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 563; RL (1912), § 6828; NCL (1929), § 10508.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 197.230
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 197. Crimes by and Against the Executive Power of This State (Refs & Annos)
197.230. Conviction of public officer forfeits trust
The conviction of a public officer of any felony or malfeasance in office shall entail, in addition to such other penalty as may be imposed, the forfeiture of his or her office, and shall disqualify the public officer from ever afterward holding any public office in this State.
CREDIT(S)
Formerly C&P (1911), § 22; RL (1912), § 6287; NCL (1929), § 9971.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 198, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 198. Crimes Against the Legislative Power
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 198.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 198. Crimes Against the Legislative Power (Refs & Annos)
198.010. Improperly influencing member of legislative body
Every person who obtains or seeks to obtain money or other thing of value from another person upon a pretense, claim or representation that the person can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative action, is guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 463.
Formerly C&P (1911), § 53; RL (1912), § 6318; NCL (1929), § 10002.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 199, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 199, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice
Bribery and Corruption
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.010. Bribery of judicial officer
A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a judicial officer, juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, proceeding or controversy, with the intent to influence his or her action, vote, opinion or decision thereupon, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 463; Laws 1979, p. 1419; Laws 1995, p. 1173.
Formerly C&P (1911), § 46 [part]; RL (1912), § 6311; NCL (1929), § 9995.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.020. Judicial officer who asks for or receives bribe
A judicial officer who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or other official proceeding will be influenced thereby, or that the judicial officer will do or omit any act or proceeding or in any way neglect or violate any official duty, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 463; Laws 1979, p. 1419; Laws 1995, p. 1173.
Formerly C&P (1911), § 47 [part]; RL (1912), § 6312; NCL (1929), § 9996.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.030
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.030. Jurors and others accepting bribes
A juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, controversy or proceeding, who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion, action, judgment or decision will be influenced thereby, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 463; Laws 1979, p. 1419; Laws 1995, p. 1173.
Formerly C&P (1911), § 55; RL (1912), § 6320; NCL (1929), § 10004.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.040. Influencing juror, arbitrator, referee or prospective juror
Every person who shall influence, or attempt to influence, improperly, in their respective capacities as such, a juror or any person drawn or summoned as a prospective juror in a civil or criminal action or any proceeding, or any person chosen or appointed as an arbitrator or referee, in respect to his or her verdict, judgment, report, award or decision in any cause or matter pending or about to be brought before him or her, or which may prospectively be brought before him or her, in any case or in any manner not provided for by law, shall be guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1965, p. 621.
Formerly C&P (1911), § 58; RL (1912), § 6323; NCL (1929), § 10007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.050
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.050. Juror, arbitrator or referee promising verdict or decision or receiving communication
Every juror and every person chosen or appointed arbitrator or referee who shall make any promise or agreement to give a verdict, judgment, report, award or decision for or against any party, or who shall willfully receive any communication, book, paper, instrument or information relating to a cause or matter pending before him or her, except according to the regular course of proceeding upon the trial or hearing of such cause or matter, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 59; RL (1912), § 6324; NCL (1929), § 10008.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.060
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.060. Misconduct of officer drawing jury
Every person charged by law with the preparation of any jury list or list of names from which any jury is to be drawn, and every person authorized by law to assist at the drawing of a grand or petit jury to attend a court or to try any cause or issue, who shall:
1. Place in any such list any name at the request or solicitation, direct or indirect, of any person;
2. Designedly put upon the list of jurors, as having been drawn, any name which was not lawfully drawn for that purpose;
3. Designedly omit to place upon such list any name which was lawfully drawn;
4. Designedly sign or certify a list of such jurors as having been drawn which were not lawfully drawn;
5. Designedly and wrongfully withdraw from the box or other receptacle for the ballots containing the names of such jurors any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omit to place therein any name lawfully drawn or designated or place therein a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or
6. In drawing or impaneling such jury, do any act which is unfair, partial or improper in any respect,
shall be guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 463.
Formerly C&P (1911), § 60; RL (1912), § 6325; NCL (1929), § 10009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.070
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.070. Soliciting jury duty
Every person who shall, directly or indirectly, solicit or request any person charged with the duty of preparing any jury list to put his or her name, or the name of any other person, on any such list shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 61; RL (1912), § 6326; NCL (1929), § 10010.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.080
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.080. Misconduct of officer in charge of jury
Every person to whose charge a jury shall be committed by a court or magistrate, who shall knowingly, without leave of such court or magistrate, permit them or any one of them to receive any communication from any person, to make any communication to any person, to obtain or receive any book, paper or refreshment, or to leave the jury room, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 62; RL (1912), § 6327; NCL (1929), § 10011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.090
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Bribery and Corruption (Refs & Annos)
199.090. Testimony of offender
Every person offending against any of the provisions of law relating to bribery or corruption shall be a competent witness against another so offending and shall not be excused from giving testimony tending to criminate himself or herself, but such testimony shall not afterward be used against the person testifying in any judicial proceeding, except for perjury in giving such testimony.
CREDIT(S)
Formerly C&P (1911), § 63; RL (1912), § 6328; NCL (1929), § 10012.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.100
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Rescues
199.100. Rescuing prisoner
1. A person who, by force or fraud, rescues from lawful custody, or from an officer or person having him or her in lawful custody, a prisoner held upon a charge, arrest, commitment, conviction or sentence for felony is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. A person who rescues a prisoner held upon a charge, arrest, commitment, conviction or sentence for a gross misdemeanor or misdemeanor shall be punished:
(a) Where a dangerous weapon is used in the course of the rescue, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Where no dangerous weapon is so used, for a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 464; Laws 1979, p. 1420; Laws 1995, p. 1174.
Formerly C&P (1911), § 71; RL (1912), § 6336; NCL (1929), § 10020.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.110
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Rescues
199.110. Retaking goods from custody of officer
Every person who shall take from the custody of any officer or other person any personal property in his or her charge under any process of law, or who shall willfully injure or destroy such property, shall be guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 464.
Formerly C&P (1911), § 72; RL (1912), § 6337; NCL (1929), § 10021.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 199, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice
Perjury and Subornation of Perjury
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.120
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.120. Definition; penalties
A person, having taken a lawful oath or made affirmation in a judicial proceeding or in any other matter where, by law, an oath or affirmation is required and no other penalty is prescribed, who:
1. Willfully makes an unqualified statement of that which the person does not know to be true;
2. Swears or affirms willfully and falsely in a matter material to the issue or point in question;
3. Suborns any other person to make such an unqualified statement or to swear or affirm in such a manner;
4. Executes an affidavit pursuant to NRS 15.010 which contains a false statement, or suborns any other person to do so; or
5. Executes an affidavit or other instrument which contains a false statement before a person authorized to administer oaths or suborns any other person to do so,
is guilty of perjury or subornation of perjury, as the case may be, which is a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 464; Laws 1977, p. 640; Laws 1979, p. 1420; Laws 1985, pp. 129, 788; Laws 1987, p. 654; Laws 1995, p. 1174.
Formerly C&P (1911), § 85; Laws 1949, p. 111; NCL (1943)-1949 Supplement, § 10034.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.125
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.125. “Oath” and “swear” defined
1. The term “oath” shall include an affirmation and every other mode authorized by law of attesting the truth of that which is stated.
2. A person who shall state any matter under oath shall be deemed to “swear” thereto.
CREDIT(S)
Substituted in 2003 revision for NRS 199.170
Formerly C&P (1911), § 88; RL (1912), § 6353; NCL (1929), § 10037.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.130
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.130. False affidavit or complaint to effect arrest or search
1. A person who makes, executes or signs or causes to be made, executed or signed, any false or fictitious affidavit, complaint, deposition, or other instrument in writing before any officer or person authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, is guilty of perjury which is a category D felony.
2. A person who commits any of the acts or offenses defined or set out in subsection 1 shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 464; Laws 1979, p. 1420; Laws 1995, p. 1174.
Formerly section 1 of chapter 10 of Laws 1925; NCL (1929), § 10526. Section 3 of chapter 10 of Laws 1925; NCL (1929), § 10528.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.140
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.140. Use of fictitious name on affidavit or complaint to effect arrest or search
1. A person who makes, executes or signs, or causes to be made, executed or signed, any affidavit, complaint or other instrument, in writing, before any United States officer or person, or before any state officer or person, authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, and signs the same by any other name than his or her true name, is guilty of perjury which is a category D felony.
2. A person who commits any of the acts or offenses defined or set out in subsection 1 shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 465; Laws 1979, p. 1420; Laws 1995, p. 1175.
Formerly section 2 of chapter 10 of Laws 1925; NCL (1929), § 10527. Section 3 of chapter 10 of Laws 1925; NCL (1929), § 10528.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.145
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.145. Statement made in declaration under penalty of perjury
A person who, in a declaration made under penalty of perjury:
1. Makes a willful and false statement in a matter material to the issue or point in question; or
2. Willfully makes an unqualified statement of that which the person does not know to be true,
or who suborns another to make in such a declaration a statement of the kind described in subsection 1 or 2, is guilty of perjury or subornation of perjury, as the case may be, which is a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1993, p. 2742. Amended by Laws 1995, p. 1175.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.150
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.150. Attempt to suborn perjury
Every person who, without giving, offering or promising a bribe, shall incite or attempt to procure another to commit perjury, or to offer any false evidence, or to withhold true testimony, though no perjury be committed or false evidence offered or true testimony withheld, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 86; RL (1912), § 6351; NCL (1929), § 10035.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.160
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.160. Procuring execution of innocent person by perjury or subornation of perjury
A person who, by willful and corrupt perjury or subornation of perjury, procures the conviction and execution of any innocent person is guilty of murder which is a category A felony and, upon conviction thereof, shall be punished by imprisonment in the state prison:
1. For life without the possibility of parole;
2. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
3. For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
CREDIT(S)
Amended by Laws 1961, p. 66; Laws 1973, p. 1803; Laws 1995, p. 1175.
Formerly C&P (1911), § 87; RL (1912), § 6352; NCL (1929), § 10036.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.170
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.170. 199.125 substituted in revision for 199.170
CREDIT(S)
See, now, NRS 199.125.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.180
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.180. Irregularity in administering oath or incompetency of witness no defense
It shall be no defense to a prosecution for perjury that an oath was administered or taken in an irregular manner or that the defendant was not competent to give the testimony, deposition, certificate or affidavit of which falsehood is alleged. It shall be sufficient that the defendant actually gave such testimony or made such deposition, certificate or affidavit.
CREDIT(S)
Formerly C&P (1911), § 89; RL (1912), § 6354; NCL (1929), § 10038.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.190
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.190. Deposition: When deemed to be complete
The making of a deposition, certificate or affidavit shall be deemed to be complete when it is subscribed and sworn to or affirmed by the defendant with intent that it be uttered or published as true.
CREDIT(S)
Formerly C&P (1911), § 90; RL (1912), § 6355; NCL (1929), § 10039.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.200
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Perjury and Subornation of Perjury (Refs & Annos)
199.200. Statement of what one does not know to be true
Every unqualified statement of that which one does not know to be true is equivalent to a statement of that which the person knows to be false.
CREDIT(S)
Formerly C&P (1911), § 91; RL (1912), § 6356; NCL (1929), § 10040.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.210
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Falsifying Evidence
199.210. Offering false evidence
A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1971, p. 150; Laws 1979, p. 1421; Laws 1995, p. 1175.
Formerly C&P (1911), § 92; RL (1912), § 6357; NCL (1929), § 10041.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.220
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Falsifying Evidence
199.220. Destroying evidence
Every person who, with intent to conceal the commission of any felony, or to protect or conceal the identity of any person committing the same, or with intent to delay or hinder the administration of the law or to prevent the production thereof at any time, in any court or before any officer, tribunal, judge or magistrate, shall willfully destroy, alter, erase, obliterate or conceal any book, paper, record, writing, instrument or thing shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 93; RL (1912), § 6358; NCL (1929), § 10042.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.230
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Falsifying Evidence
199.230. Preventing or dissuading person from testifying or producing evidence
A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:
1. Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
2. Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 465; Laws 1979, p. 1421; Laws 1983, p. 1683; Laws 1995, p. 1175.
Formerly C&P (1911), § 94; RL (1912), § 6359; NCL (1929), § 10043.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.240
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Falsifying Evidence
199.240. Bribing or intimidating witness to influence testimony
A person who:
1. Gives, offers or promises directly or indirectly any compensation, gratuity or reward to any witness or person who may be called as a witness in an official proceeding, upon an agreement or understanding that his or her testimony will be thereby influenced; or
2. Uses any force, threat, intimidation or deception with the intent to:
(a) Influence the testimony of any witness or person who may be called as a witness in an official proceeding;
(b) Cause or induce him or her to give false testimony or to withhold true testimony; or
(c) Cause or induce him or her to withhold a record, document or other object from the proceeding,
is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $50,000.
CREDIT(S)
Amended by Laws 1967, p. 465; Laws 1979, p. 1421; Laws 1983, p. 1683; Laws 1995, p. 1176.
Formerly C&P (1911), § 56; RL (1912), § 6321; NCL (1929), § 10005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.242
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Falsifying Evidence
199.242. Limitations on defenses to prosecution for influencing testimony of witness
It is not a defense to a prosecution under NRS 199.230 or 199.240 to show that:
1. An official proceeding was not pending or about to be instituted; or
2. The testimony sought or the record, document or other object to have been produced would have been legally privileged or inadmissible in evidence.
CREDIT(S)
Added by Laws 1983, p. 1682. Amended by Laws 1985, p. 247.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.250
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Falsifying Evidence
199.250. Witness accepting bribe
A person who is or may be a witness upon a trial, hearing, investigation or other proceeding before any court, tribunal or person authorized to hear evidence or take testimony, who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her testimony will be influenced thereby, or that the person will be absent from the trial, hearing or other proceeding, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 465; Laws 1979, p. 1421; Laws 1995, p. 1176.
Formerly C&P (1911), § 57; RL (1912), § 6322; NCL (1929), § 10006.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.260
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.260. Neglect or refusal to receive person into custody
Every officer who, in violation of any legal duty, shall willfully neglect or refuse to receive a person into his or her official custody or into a prison under his or her charge shall, in a case where no other punishment is specially provided by law, be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 95; RL (1912), § 6360; NCL (1929), § 10044.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.270
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.270. Refusal to make arrest or to aid officer
Every person who, after having been lawfully commanded by any magistrate to arrest another person, shall willfully neglect or refuse so to do, and every person who, after having been lawfully commanded to aid an officer in arresting any person, or in retaking any person who has escaped from lawful custody, or in executing any lawful process, shall willfully neglect or refuse to aid such officer shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 96; RL (1912), § 6361; NCL (1929), § 10045.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.280
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.280. Resisting public officer
A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his or her office shall be punished:
1. Where a firearm is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a firearm from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category C felony as provided in NRS 193.130.
2. Where a dangerous weapon, other than a firearm, is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a weapon, other than a firearm, from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category D felony as provided in NRS 193.130.
3. Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 466; Laws 1979, p. 1422; Laws 1995, p. 1176; Laws 2009, c. 58, § 1.
Formerly C&P (1911), § 97; RL (1912), § 6362; NCL (1929), § 10046.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.290
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.290. Compounding crimes
1. A person who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that the person will compound or conceal a crime or violation of a statute, or abstain from testifying thereto, delay a prosecution therefor or withhold any evidence thereof, except in a case where a compromise is allowed by law, shall be punished:
(a) For a category D felony as provided in NRS 193.130.
(b) For a gross misdemeanor, where the agreement or understanding relates to a gross misdemeanor or misdemeanor, or to a violation of statute for which a pecuniary penalty or forfeiture is prescribed.
2. In any proceeding against a person for compounding a crime, it is not necessary to prove that any person has been convicted of the crime or violation of statute in relation to which an agreement or understanding herein prohibited was made.
CREDIT(S)
Amended by Laws 1967, p. 466; Laws 1979, p. 1422; Laws 1995, p. 1177.
Formerly C&P (1911), § 98; RL (1912), § 6363; NCL (1929), § 10047.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.300
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.300. Intimidating public officer, public employee, juror, referee, arbitrator, appraiser, assessor or similar person
1. A person shall not, directly or indirectly, address any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any person authorized by law to hear or determine any controversy or matter, with the intent to induce such a person contrary to his or her duty to do, make, omit or delay any act, decision or determination, if the threat or intimidation communicates the intent, either immediately or in the future:
(a) To cause bodily injury to any person;
(b) To cause physical damage to the property of any person other than the person addressing the threat or intimidation;
(c) To subject any person other than the person addressing the threat or intimidation to physical confinement or restraint; or
(d) To do any other act which is not otherwise authorized by law and is intended to harm substantially any person other than the person addressing the threat or intimidation with respect to the person’s health, safety, business, financial condition or personal relationships.
2. The provisions of this section must not be construed as prohibiting a person from making any statement in good faith of an intention to report any misconduct or malfeasance by a public officer or employee.
3. A person who violates subsection 1 is guilty of:
(a) If physical force or the immediate threat of physical force is used in the course of the intimidation or in the making of the threat:
(1) For a first offense, a category C felony and shall be punished as provided in NRS 193.130.
(2) For a second or subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(b) If no physical force or immediate threat of physical force is used in the course of the intimidation or in the making of the threat, a gross misdemeanor.
4. As used in this section, “public employee” means any person who performs public duties for compensation paid by the State, a county, city, local government or other political subdivision of the State or an agency thereof, including, without limitation, a person who performs a service for compensation pursuant to a contract with the State, county, city, local government or other political subdivision of the State or an agency thereof.
CREDIT(S)
Amended by Laws 1967, p. 466; Laws 1979, p. 1422; Laws 1993, p. 930; Laws 1995, p. 1177; Laws 1997, p. 433; Laws 2005, c. 254, § 1.
Formerly C&P (1911), § 99; RL (1912), § 6364; NCL (1929), § 10048.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.305
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.305. Preventing or dissuading victim, person acting on behalf of victim, or witness from reporting crime, commencing prosecution or causing arrest
1. A person who, by intimidating or threatening another person, prevents or dissuades a victim of a crime, a person acting on behalf of the victim or a witness from:
(a) Reporting a crime or possible crime to a:
(1) Judge;
(2) Peace officer;
(3) Parole or probation officer;
(4) Prosecuting attorney;
(5) Warden or other employee at an institution of the Department of Corrections; or
(6) Superintendent or other employee at a juvenile correctional institution;
(b) Commencing a criminal prosecution or a proceeding for the revocation of a parole or probation, or seeking or assisting in such a prosecution or proceeding; or
(c) Causing the arrest of a person in connection with a crime,
or who hinders or delays such a victim, agent or witness in an effort to carry out any of those actions is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. As used in this section, “victim of a crime” means a person against whom a crime has been committed.
CREDIT(S)
Added by Laws 1983, p. 1682. Amended by Laws 1995, p. 1177; Laws 2001 (17th ss), c. 14, § 79, eff. July 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.310
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.310. Malicious prosecution
A person who maliciously and without probable cause therefor, causes or attempts to cause another person to be arrested or proceeded against for any crime of which that person is innocent:
1. If the crime is a felony, is guilty of a category D felony and shall be punished as provided in NRS 193.130; and
2. If the crime is a gross misdemeanor or misdemeanor, is guilty of a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 466; Laws 1979, p. 1423; Laws 1995, p. 1178.
Formerly C&P (1911), § 100; RL (1912), § 6365; NCL (1929), § 10049.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.320
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.320. Inducing lawsuit
Every person who shall on his or her behalf bring or instigate, incite or encourage another to bring, any false suit at law or in equity, in any court of this State, with intent thereby to distress or harass a defendant therein, shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 101; RL (1912), § 6366; NCL (1929), § 10050.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.325
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.325. Repealed
CREDIT(S)
Repealed by Laws 2005, c. 262, § 2, eff. July 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.330
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.330. Buying or promising reward by justice or constable
Every justice of the peace or constable who shall, directly or indirectly, buy or be interested in buying anything in action for the purpose of commencing a suit thereon before a justice of the peace, or who shall give or promise any valuable consideration to any person as an inducement to bring, or as a consideration for having brought, a suit before a justice of the peace, shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 102; RL (1912), § 6367; NCL (1929), § 10051.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.335
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.335. Failure to appear after admission to bail or release without bail
1. If a person:
(a) Is admitted to bail, whether provided by deposit or surety, or released without bail;
(b) Is not recommitted to custody; and
(c) Fails to appear at the time and place required by the order admitting him or her to bail or releasing him or her without bail, or any modification thereof,
the person is guilty of failing to appear and shall be punished pursuant to the provisions of this section, unless the person surrenders himself or herself not later than 30 days after the date on which the person was required to appear.
2. If a person who fails to appear in violation of subsection 1 was admitted to bail or released without bail incident to prosecution for:
(a) One or more felonies, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) One or more gross misdemeanors but no felonies, the person is guilty of:
(1) A gross misdemeanor; or
(2) If the person left this State with the intent to avoid prosecution, a category D felony and shall be punished as provided in NRS 193.130.
(c) One or more misdemeanors but no felonies or gross misdemeanors, the person is guilty of:
(1) A misdemeanor; or
(2) If the person left this State with the intent to avoid prosecution, a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1967, p. 1470. Amended by Laws 1979, p. 1423; Laws 1995, p. 1178; Laws 1999, p. 1848.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.340
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.340. Criminal contempt
Every person who shall commit a contempt of court of any one of the following kinds shall be guilty of a misdemeanor:
1. Disorderly, contemptuous or insolent behavior committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority;
2. Behavior of like character in the presence of a referee, while actually engaged in a trial or hearing pursuant to an order of court, or in the presence of a jury while actually sitting in the trial of a cause or upon an inquest or other proceeding authorized by law;
3. Breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of a court, jury or referee;
4. Willful disobedience to the lawful process or mandate of a court;
5. Resistance, willfully offered, to its lawful process or mandate;
6. Contumacious and unlawful refusal to be sworn as a witness or, after being sworn, to answer any legal and proper interrogatory;
7. Publication of a false or grossly inaccurate report of its proceedings; or
8. Assuming to be an attorney or officer of a court or acting as such without authority.
CREDIT(S)
Formerly C&P (1911), § 103; RL (1912), § 6368; NCL (1929), § 10052.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.350
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.350. Grand juror acting after challenge allowed
Every grand juror who, with knowledge that a challenge interposed against the grand juror by a defendant has been allowed, shall be present at, or take part, or attempt to take part, in the consideration of the charge against the defendant who interposed such challenge, or the deliberations of the grand jury thereon, shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 104; RL (1912), § 6369; NCL (1929), § 10053.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.360
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.360. Fraudulent pretenses relative to birth of infant; false representation of entitlement to interest or share in estate of deceased person
A person who fraudulently or falsely pretends that any infant child was born of a parent whose child is or would be entitled to inherit real property or to receive any personal property, or who falsely represents himself or herself or another to be a person entitled to an interest or share in the estate of a deceased person as executor, administrator, husband, wife, heir, heiress, legatee, devisee, next of kin or relative of the deceased person, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1979, p. 1423; Laws 1995, p. 1178.
Formerly C&P (1911), § 105; RL (1912), § 6370; NCL (1929), § 10054.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.370
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.370. Substitution of child
A person to whom a child has been confided for nursing, education or any other purpose, who, with the intent to deceive a person, guardian or relative of the child, substitutes or produces to the parent, guardian or relative another child or person in the place of the child so confided, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1979, p. 1423; Laws 1995, p. 1178.
Formerly C&P (1911), § 106; RL (1912), § 6371; NCL (1929), § 10055.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.380
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.380. Instituting suit in name of another
Every person who shall institute or prosecute any action or other proceeding in the name of another, without the consent of the other person and contrary to law, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 107; RL (1912), § 6372; NCL (1929), § 10056.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.410
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.410. Combination to resist process
Every person who shall enter into a combination with another to resist the execution of any legal process or other mandate of a court of competent jurisdiction, under circumstances not amounting to a riot, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 340; RL (1912), § 6605; NCL (1929), § 10288.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.430
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.430. Impersonation of officer
Every person who shall falsely personate a public officer, civil or military, or a police officer, or a private individual having special authority by law to perform an act affecting the rights or interests of another, or who, without authority shall assume any uniform or badge by which such an officer or person is lawfully distinguished, and in such assumed character shall do any act purporting to be official, whereby another is injured or defrauded, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 469; RL (1912), § 6734; NCL (1929), § 10418.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.440
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.440. Search warrant maliciously procured
Whoever shall maliciously, and without probable cause, procure a search warrant to be issued and executed shall be deemed guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 467.
Formerly C&P (1911), § 476; RL (1912), § 6741; NCL (1929), § 10425.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.450
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.450. Peace officer exceeding authority in execution of search warrant
A peace officer who, in executing a search warrant, shall willfully exceed his or her authority, or exercise it with unnecessary severity, shall be deemed guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 467.
Formerly C&P (1911), § 477; RL (1912), § 6742; NCL (1929), § 10426.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.460
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.460. Extortion of confession; refusing accused communication with attorney or friends
1. An officer or person having the custody and control of the body or liberty of any person under arrest shall not refuse permission to the arrested person to communicate at reasonable times and intervals with his or her friends or with an attorney, or subject any person under arrest to any form of personal violence, intimidation, indignity or threats for the purpose of extorting from that person incriminating statements or a confession.
2. A person violating the provisions of this section shall be punished:
(a) Where physical force or the immediate threat of physical force is used in the course of extorting statements or a confession, or where substantial bodily harm to the arrested person results from such violence, intimidation or indignity, for a category D felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used in the course of extorting statements or a confession, or where no substantial bodily harm results to the arrested person from such violence, intimidation or indignity, for a gross misdemeanor.
(c) Where the only offense is to refuse permission to the arrested person to communicate with his or her friends or with an attorney, for a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 467; Laws 1979, p. 1423; Laws 1995, p. 1179.
Formerly C&P (1911), § 542; RL (1912), § 6807; NCL (1929), § 10488.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.470
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Other Offenses
199.470. Malicious destruction of legal and other notices
Every person who shall willfully and maliciously remove, damage or destroy:
1. A sign or notice erected or posted by any officer under lawful authority, or by the owner or occupant of the premises where posted; or
2. A legal notice or other legal paper posted in compliance with the requirement of any statute of this State, or under the direction or order of a court,
shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 487 [part]; RL (1912), § 6752; NCL (1929), § 10434.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 199, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice
Conspiracy
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.480
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Conspiracy (Refs & Annos)
199.480. Penalties
1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or
(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,
and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
each person is guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1975, p. 509; Laws 1977, pp. 1416, 1631; Laws 1979, p. 1424; Laws 1983, p. 1494; Laws 1995, p. 1179; Laws 1999, p. 1343.
Formerly C&P (1911), § 112; RL (1912), § 6377; NCL (1929), § 10061.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.490
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Conspiracy (Refs & Annos)
199.490. Overt act not necessary
In any such proceeding for violation of NRS 199.480, it shall not be necessary to prove that any overt act was done in pursuance of such unlawful conspiracy or combination.
CREDIT(S)
Formerly C&P (1911), § 113; RL (1912), § 6378; NCL (1929), § 10062.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.500
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Solicitation
199.500. Penalty
1. A person who counsels, hires, commands or otherwise solicits another to commit kidnapping or arson is guilty of a gross misdemeanor if no criminal act is committed as a result of the solicitation.
2. A person who counsels, hires, commands or otherwise solicits another to commit murder, if no criminal act is committed as a result of the solicitation, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Added by Laws 1979, p. 720. Amended by Laws 1987, p. 1152; Laws 1995, p. 1180.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 199, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice
Obstruction of Criminal Investigation
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.510
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Obstruction of Criminal Investigation (Refs & Annos)
199.510. Provisions not applicable to privileged communications between lawyer and client
The provisions of NRS 199.520, 199.530 and 199.540 do not apply to a lawyer who is communicating with a client within the scope of the privilege set forth in NRS 49.095.
CREDIT(S)
Added by Laws 1991, p. 212.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.520
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Obstruction of Criminal Investigation (Refs & Annos)
199.520. Disclosure of information to subject of investigation
An officer or employee of a court or law enforcement agency who, with the intent to obstruct a criminal investigation, directly or indirectly:
1. Notifies any person who is the subject of the investigation about the existence of the investigation; or
2. Discloses to any such person any information obtained in the course of the investigation,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1991, p. 212. Amended by Laws 1995, p. 1180.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.530
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Obstruction of Criminal Investigation (Refs & Annos)
199.530. Notification of possible search or seizure
1. It is unlawful for an officer or employee of a court or law enforcement agency, having knowledge that a person authorized to make a search or seizure has been authorized or is applying for authorization to make a search or seizure, to give notice or attempt to give notice of the possible search or seizure to any person with the intent to obstruct a judicial proceeding or a criminal investigation.
2. A person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1991, p. 212. Amended by Laws 1995, p. 1180.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 199.540
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 199. Crimes Against Public Justice (Refs & Annos)
Obstruction of Criminal Investigation (Refs & Annos)
199.540. Notification of interception of wire or oral communication or use of pen register or trap and trace device
1. It is unlawful for an officer or employee of a court or law enforcement agency, or any employee of a communications common carrier, landlord, custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilities and technical assistance necessary to accomplish an authorized interception of a wire or oral communication, having knowledge that an order has been applied for or has been issued authorizing the interception of a wire or oral communication in accordance with NRS 179.410 to 179.515, inclusive, to:
(a) Give notice of the interception; or
(b) Attempt to give notice of the interception,
to any person with the intent to obstruct, impede or prevent the interception of the wire or oral communication.
2. It is unlawful for an officer or employee of a court or law enforcement agency, or any employee of a communications common carrier, landlord, custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilities and technical assistance necessary to accomplish an authorized interception of a wire or oral communication, having knowledge that an order has been applied for or has been issued authorizing the use of a pen register or trap and trace device to:
(a) Give notice of the use of the pen register or device; or
(b) Attempt to give notice of the use of the pen register or device,
to any person with the intent to obstruct, impede or prevent that use.
3. A person who violates any provision of subsection 1 or 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1991, p. 212. Amended by Laws 1995, p. 1180.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.010
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.010. “Murder” defined
Murder is the unlawful killing of a human being:
1. With malice aforethought, either express or implied;
2. Caused by a controlled substance which was sold, given, traded or otherwise made available to a person in violation of chapter 453 of NRS; or
3. Caused by a violation of NRS 453.3325.
The unlawful killing may be effected by any of the various means by which death may be occasioned.
CREDIT(S)
Amended by Laws 1983, p. 512; Laws 1985, p. 1598; Laws 1989, p. 589; Laws 2005, c. 310, § 4.
Formerly C&P (1911), § 119; RL (1912), § 6384; NCL (1929), § 10066.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.020. Malice: Express and implied defined
1. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof.
2. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
CREDIT(S)
Formerly C&P (1911), § 120; Laws 1915, p. 67; RL (1919), § 6385; NCL (1929), § 10067.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.030
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.030. Degrees of murder; penalties
1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person pursuant to NRS 200.5099;
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody;
(d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person; or
(e) Committed in the perpetration or attempted perpetration of an act of terrorism.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if they find the person guilty thereof, designate by their verdict whether the person is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of a category A felony and shall be punished:
(a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances, unless a court has made a finding pursuant to NRS 174.098 that the defendant is a person with mental retardation and has stricken the notice of intent to seek the death penalty; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole.
5. A person convicted of murder of the second degree is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415;
(b) “Child abuse” means physical injury of a nonaccidental nature to a child under the age of 18 years;
(c) “School bus” has the meaning ascribed to it in NRS 483.160;
(d) “Sexual abuse of a child” means any of the acts described in NRS 432B.100; and
(e) “Sexual molestation” means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
CREDIT(S)
Amended by Laws 1957, p. 330; Laws 1959, p. 781; Laws 1960, p. 399; Laws 1961, pp. 235, 486; Laws 1967, pp. 467, 1470; Laws 1973, p. 1803; Laws 1975, p. 1580; Laws 1977, pp. 864, 1541, 1627; Laws 1989, pp. 865, 1451; Laws 1995, pp. 257, 1181; Laws 1999, p. 1335; Laws 2003, c. 470, § 4, eff. June 10, 2003; Laws 2003, c. 137, § 7, eff. Oct. 1, 2003; Laws 2007, c. 35, § 1.
Formerly C&P (1911), § 121; Laws 1915, p. 67; Laws 1919, p. 468; Laws 1947, p. 302; NCL (1943)-1949 Supplement, § 10068.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.033
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.033. Circumstances aggravating first degree murder
The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who, at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been convicted of:
(a) Another murder and the provisions of subsection 12 do not otherwise apply to that other murder; or
(b) A felony involving the use or threat of violence to the person of another and the provisions of subsection 4 do not otherwise apply to that felony.
For the purposes of this subsection, a person shall be deemed to have been convicted at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, alone or with others, in the commission of, or an attempt to commit or flight after committing or attempting to commit, any robbery, arson in the first degree, burglary, invasion of the home or kidnapping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or herself or another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or firefighter who was killed while engaged in the performance of his or her official duty or because of an act performed in his or her official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or firefighter. For the purposes of this subsection, “peace officer” means:
(a) An employee of the Department of Corrections who does not exercise general control over offenders imprisoned within the institutions and facilities of the Department, but whose normal duties require the employee to come into contact with those offenders when carrying out the duties prescribed by the Director of the Department.
(b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out those powers.
8. The murder involved torture or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
10. The murder was committed upon a person less than 14 years of age.
11. The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of that person.
12. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
13. The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder. For the purposes of this subsection:
(a) “Nonconsensual” means against the victim's will or under conditions in which the person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of his or her conduct, including, but not limited to, conditions in which the person knows or reasonably should know that the victim is dead.
(b) “Sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of the victim's body or any object manipulated or inserted by a person, alone or with others, into the genital or anal openings of the body of the victim, whether or not the victim is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.
14. The murder was committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person. For the purposes of this subsection, “school bus” has the meaning ascribed to it in NRS 483.160.
15. The murder was committed with the intent to commit, cause, aid, further or conceal an act of terrorism. For the purposes of this subsection, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.
CREDIT(S)
Added by Laws 1977, p. 1542. Amended by Laws 1981, pp. 521, 2011; Laws 1983, p. 286; Laws 1985, p. 1979; Laws 1989, p. 1451; Laws 1993, p. 76; Laws 1995, pp. 2, 138, 1490, 2705; Laws 1997, p. 1293; Laws 1999, p. 1336; Laws 2001 (17th ss), c. 14, § 80, eff. July 1, 2001; Laws 2003, c. 470, § 5, eff. June 10, 2003; Laws 2005, c. 118, § 6, eff. Oct. 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.035
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.035. Circumstances mitigating first degree murder
Murder of the first degree may be mitigated by any of the following circumstances, even though the mitigating circumstance is not sufficient to constitute a defense or reduce the degree of the crime:
1. The defendant has no significant history of prior criminal activity.
2. The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance.
3. The victim was a participant in the defendant's criminal conduct or consented to the act.
4. The defendant was an accomplice in a murder committed by another person and the defendant’s participation in the murder was relatively minor.
5. The defendant acted under duress or under the domination of another person.
6. The youth of the defendant at the time of the crime.
7. Any other mitigating circumstance.
CREDIT(S)
Added by Laws 1977, p. 1543.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.040. “Manslaughter” defined
1. Manslaughter is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation.
2. Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection.
3. Manslaughter does not include vehicular manslaughter as described in NRS 484B.657.
CREDIT(S)
Amended by Laws 1983, p. 1014; Laws 1995, p. 1725; Laws 2005, c. 40, § 4, eff. Oct. 1, 2005.
Formerly C&P (1911), § 122; RL (1912), § 6387; NCL (1929), § 10069.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.050
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.050. “Voluntary manslaughter” defined
1. In cases of voluntary manslaughter, there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing.
2. Voluntary manslaughter does not include vehicular manslaughter as described in NRS 484B.657.
CREDIT(S)
Amended by Laws 2005, c. 40, § 5.
Formerly C&P (1911), § 123; RL (1912), § 6388; NCL (1929), § 10070.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.060
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.060. When killing punished as murder
The killing must be the result of that sudden, violent impulse of passion supposed to be irresistible; for, if there should appear to have been an interval between the assault or provocation given and the killing, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge and punished as murder.
CREDIT(S)
Formerly C&P (1911), § 124; RL (1912), § 6389; NCL (1929), § 10071.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.070
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.070. “Involuntary manslaughter” defined
1. Except under the circumstances provided in NRS 484B.550 and 484B.653, involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.
2. Involuntary manslaughter does not include vehicular manslaughter as described in NRS 484B.657.
CREDIT(S)
Amended by Laws 1981, p. 867; Laws 1983, p. 1014; Laws 1995, p. 1726; Laws 2005, c. 40, § 6, eff. Oct. 1, 2005.
Formerly C&P (1911), § 125; RL (1912), § 6390; NCL (1929), § 10072.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.080
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.080. Punishment for voluntary manslaughter
A person convicted of the crime of voluntary manslaughter is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1979, p. 1424; Laws 1995, p. 1182.
Formerly C&P (1911), § 126; Laws 1937, p. 103; NCL (1931)-1941 Supplement, § 10073.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.090
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.090. Punishment for involuntary manslaughter
A person convicted of involuntary manslaughter is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 468; Laws 1995, p. 1182.
Formerly
C&P (1911), § 126 1/
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.100
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.100. Repealed
CREDIT(S)
Repealed by Laws 1999, c. 3, § 3, eff. March 10, 1999.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.110
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.110. Place of trial for homicide
1. If the injury be inflicted in one county, and the party die within another county, or without the State, the accused shall be tried in the county where the act was done, or the cause of death administered.
2. If the party killing shall be in one county, and the party killed in another county, at the time the cause of death shall be administered, the accused may be tried in either county.
CREDIT(S)
Formerly C&P (1911), § 128; RL (1912), § 6393; NCL (1929), § 10075.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.120
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.120. “Justifiable homicide” defined; no duty to retreat under certain circumstances
1. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
2. A person is not required to retreat before using deadly force as provided in subsection 1 if the person:
(a) Is not the original aggressor;
(b) Has a right to be present at the location where deadly force is used; and
(c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.
CREDIT(S)
Amended by Laws 1983, p. 518; Laws 2011, c. 59, § 1.
Formerly C&P (1911), § 129; RL (1912), § 6394; NCL (1929), § 10076.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.130
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.130. Bare fear insufficient to justify killing; reasonable fear required
A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
CREDIT(S)
Formerly C&P (1911), § 130; RL (1912), § 6395; NCL (1929), § 10077.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.140
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.140. Justifiable homicide by public officer
Homicide is justifiable when committed by a public officer, or person acting under the command and in the aid of the public officer, in the following cases:
1. In obedience to the judgment of a competent court.
2. When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.
3. When necessary:
(a) In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony;
(b) In attempting, by lawful ways or means, to apprehend or arrest a person; or
(c) In lawfully suppressing a riot or preserving the peace.
CREDIT(S)
Amended by Laws 1975, p. 323; Laws 1993, p. 931.
Formerly C&P (1911), § 131; RL (1912), § 6396; NCL (1929), § 10078.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.150
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.150. Justifiable or excusable homicide
All other instances which stand upon the same footing of reason and justice as those enumerated shall be considered justifiable or excusable homicide.
CREDIT(S)
Formerly C&P (1911), § 132; RL (1912), § 6397; NCL (1929), § 10079.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.160
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.160. Additional cases of justifiable homicide
Homicide is also justifiable when committed:
1. In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
2. In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.
CREDIT(S)
Amended by Laws 1993, p. 932.
Formerly C&P (1911), § 133; Laws 1931, p. 160; NCL (1931)-1941 Supplement, § 10080.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.170
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.170. Burden of proving circumstances of mitigation or justifiable or excusable homicide
The killing of the deceased named in the indictment or information by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or that the accused was justified, or excused in committing the homicide.
CREDIT(S)
Formerly C&P (1911), § 134; Laws 1951, p. 524.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.180
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.180. Excusable homicide by misadventure
1. Excusable homicide by misadventure occurs when:
(a) A person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a person is at work with an ax and the head flies off and kills a bystander; or
(b) An officer punishing a criminal happens to occasion death, which acts of correction are lawful.
2. If the officer exceeds the sentence under which the officer acts, either in the manner, the instrument, or quantity of punishment, and death ensues, it is manslaughter or murder, according to the circumstances of the case.
CREDIT(S)
Amended by Laws 1985, p. 1399.
Formerly C&P (1911), § 135; RL (1912), § 6400; NCL (1929), § 10082.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.190
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.190. Justifiable or excusable homicide not punishable
The homicide appearing to be justifiable or excusable, the person indicted shall, upon trial, be fully acquitted and discharged.
CREDIT(S)
Formerly C&P (1911), § 136; RL (1912), § 6401; NCL (1929), § 10083.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.200
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.200. Killing in self-defense
If a person kills another in self-defense, it must appear that:
1. The danger was so urgent and pressing that, in order to save the person’s own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and
2. The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.
CREDIT(S)
Formerly C&P (1911), § 137; RL (1912), § 6402; NCL (1929), § 10084.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.210
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.210. Killing of unborn quick child; penalty
A person who willfully kills an unborn quick child, by any injury committed upon the mother of the child, commits manslaughter and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1967, p. 468; Laws 1979, p. 1425; Laws 1995, p. 1182.
Formerly C&P (1911), § 138; RL (1912), § 6403; NCL (1929), § 10085.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.220
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.220. Taking drugs to terminate pregnancy; penalty
A woman who takes or uses, or submits to the use of, any drug, medicine or substance, or any instrument or other means, with the intent to terminate her pregnancy after the 24th week of pregnancy, unless the same is performed upon herself upon the advice of a physician acting pursuant to the provisions of NRS 442.250, and thereby causes the death of the child of the pregnancy, commits manslaughter and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1967, p. 468; Laws 1973, p. 1639; Laws 1979, p. 1425; Laws 1995, p. 1183.
Formerly C&P (1911), § 140; RL (1912), § 6405; NCL (1929), § 10087.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.230
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.230. Death resulting from overloading of passenger vessel; penalties
A person navigating a vessel for gain who willfully or negligently receives so many passengers or such a quantity of other lading on board that by means thereof the vessel sinks, is overset or injured, and thereby a human being is drowned or otherwise killed, commits manslaughter and shall be punished:
1. If the overloading is negligent, for a category D felony as provided in NRS 193.130.
2. If the overloading is willful, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1967, p. 468; Laws 1979, p. 1425; Laws 1995, p. 1183.
Formerly C&P (1911), § 141; RL (1912), § 6406; NCL (1929), § 10088.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.240
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.240. Owner of animal that kills human being guilty of manslaughter under certain circumstances; penalty
If the owner or custodian of any vicious or dangerous animal, knowing its propensities, willfully or negligently allows it to go at large, and the animal while at large kills a human being who is not in fault, the owner or custodian commits manslaughter and shall be punished for a category D felony as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 469; Laws 1995, p. 1183.
Formerly C&P (1911), § 142; RL (1912), § 6407; NCL (1929), § 10089.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.260
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Homicide
200.260. Death resulting from unlawful manufacture or storage of explosives; penalty
A person who makes or keeps gunpowder or any other explosive substance in a city or town in any quantity or manner prohibited by law or by ordinance of the municipality commits manslaughter if an explosion thereof occurs whereby the death of a human being is occasioned, and shall be punished for a category D felony as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 469; Laws 1983, p. 120; Laws 1995, p. 1183.
Formerly C&P (1911), § 144; RL (1912), § 6409; NCL (1929), § 10091.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.275
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Bodily Injury
200.275. Justifiable infliction or threat of bodily injury not punishable
In addition to any other circumstances recognized as justification at common law, the infliction or threat of bodily injury is justifiable, and does not constitute mayhem, battery or assault, if done under circumstances which would justify homicide.
CREDIT(S)
Added by Laws 1983, p. 519.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.278
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Bodily Injury
200.278. Information required to be provided to school district of person in secondary school who causes serious bodily injury
1. If a court determines that a person who is currently enrolled in a secondary school unlawfully caused or attempted to cause serious bodily injury to another person, the court shall provide the information specified in subsection 2 to the school district in which the offender is currently enrolled.
2. The information required to be provided pursuant to subsection 1 must include:
(a) The name of the offender;
(b) A description of any injury sustained by the other person;
(c) A description of any weapon used by the offender; and
(d) A description of any threats made by the offender against the other person before, during or after the incident in which the offender injured or attempted to injure the person.
CREDIT(S)
Added by Laws 1997, p. 1363.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Mayhem
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.280
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Mayhem (Refs & Annos)
200.280. Definition; penalty
Mayhem consists of unlawfully depriving a human being of a member of his or her body, or disfiguring or rendering it useless. If a person cuts out or disables the tongue, puts out an eye, slits the nose, ear or lip, or disables any limb or member of another, or voluntarily, or of purpose, puts out an eye, that person is guilty of mayhem which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1967, p. 469; Laws 1979, p. 1425; Laws 1995, p. 1183.
Formerly C&P (1911), § 151; RL (1912), § 6416; NCL (1929), § 10098.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.290
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Mayhem (Refs & Annos)
200.290. Instrument or manner of inflicting injury immaterial
To constitute mayhem it is immaterial by what means or instrument or in what manner the injury was inflicted.
CREDIT(S)
Formerly C&P (1911), § 152; RL (1912), § 6417; NCL (1929), § 10099.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.300
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Mayhem (Refs & Annos)
200.300. Injury not resulting in permanent injury; defendant may be convicted of assault
Whenever upon a trial for mayhem it shall appear that the injury inflicted will not result in any permanent disfiguration of appearance, diminution of vigor, or other permanent injury, no conviction for maiming shall be had, but the defendant may be convicted of assault in any degree.
CREDIT(S)
Formerly C&P (1911), § 153; RL (1912), § 6418; NCL (1929), § 10100.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Kidnapping
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.310
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Kidnapping (Refs & Annos)
200.310. Degrees
1. A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.
2. A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person’s will, is guilty of kidnapping in the second degree which is a category B felony.
CREDIT(S)
Amended by Laws 1959, p. 20; Laws 1979, p. 39; Laws 1987, p. 495; Laws 1995, p. 1184.
Formerly section 1 of chapter 165 of Laws 1947; NCL (1943)-1949 Supplement, § 10612.05.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.320
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Kidnapping (Refs & Annos)
200.320. Kidnapping in first degree: Penalties
A person convicted of kidnapping in the first degree is guilty of a category A felony and shall be punished:
1. Where the kidnapped person suffers substantial bodily harm during the act of kidnapping or the subsequent detention and confinement or in attempted escape or escape therefrom, by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or
(c) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.
2. Where the kidnapped person suffers no substantial bodily harm as a result of the kidnapping, by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served.
CREDIT(S)
Amended by Laws 1967, p. 469; Laws 1973, p. 1804; Laws 1995, p. 1184.
Formerly section 2 of chapter 165 of Laws 1947; NCL (1943)-1949 Supplement, § 10612.06.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.330
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Kidnapping (Refs & Annos)
200.330. Kidnapping in second degree: Penalties
A person convicted of kidnapping in the second degree is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $15,000.
CREDIT(S)
Amended by Laws 1967, p. 469; Laws 1979, p. 1425; Laws 1995, p. 1185.
Formerly section 3 of chapter 165 of Laws 1947; NCL (1943)-1949 Supplement, § 10612.07.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.340
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Kidnapping (Refs & Annos)
200.340. Penalty for aiding or abetting
1. A person who aids and abets kidnapping in the first degree is guilty of a category A felony and shall be punished for kidnapping in the first degree as provided in NRS 200.320.
2. A person who aids and abets kidnapping in the second degree is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
CREDIT(S)
Amended by Laws 1967, p. 470; Laws 1995, p. 1185.
Formerly section 4 of chapter 165 of Laws 1947; NCL (1943)-1949 Supplement, § 10612.08.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.350
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Kidnapping (Refs & Annos)
200.350. Where proceedings may be instituted; consent is not defense
1. Any proceedings for kidnapping may be instituted either in the county where the offense was committed or in any county through or in which the person kidnapped or confined was taken or kept while under confinement or restraint.
2. Upon the trial for violation of NRS 200.310 to 200.350, inclusive, the consent thereto of the person kidnapped or confined shall not be a defense unless it appears satisfactorily to the jury that such person was above the age of 18 years and that the person’s consent was not extorted by threats, duress or fraud.
CREDIT(S)
Formerly section 5 of chapter 165 of Laws 1947; NCL (1943)-1949 Supplement, § 10612.09.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.357
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Kidnapping (Refs & Annos)
200.357. Law enforcement officer required to take child into protective custody if child in danger of being removed from jurisdiction
A law enforcement officer who is conducting an investigation or making an arrest concerning the abduction of a child shall take the child into protective custody if the law enforcement officer reasonably believes that the child is in danger of being removed from the jurisdiction.
CREDIT(S)
Added by Laws 1991, p. 1422.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.359
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Kidnapping (Refs & Annos)
200.359. Detention, concealment or removal of child from person having lawful custody or from jurisdiction of court: Penalties; limitation on issuance of arrest warrant; restitution; exceptions
1. A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:
(a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.
3. If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.
4. Before an arrest warrant may be issued for a violation of this section, the court must find that:
(a) This is the home state of the child, as defined in NRS 125A.085; and
(b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.
5. Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.
6. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if the judge finds that:
(a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or
(b) The interests of justice require that the defendant be punished as for a misdemeanor.
7. A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.
8. This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself or herself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides child welfare services within 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:
(a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 4 of NRS 200.508.
(b) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
CREDIT(S)
Added by Laws 1975, p. 1397. Amended by Laws 1981, p. 564; Laws 1989, p. 1678; Laws 1991, p. 1422; Laws 1993, p. 1425; Laws 1995, pp. 997, 1185, 1338; Laws 2001 (17th ss), c. 1, § 34, eff. Oct. 1, 2001; Laws 2003, c. 199, § 61, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.364
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.364. Definitions
As used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires:
1. “Offense involving a pupil” means any of the following offenses:
(a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
2. “Perpetrator” means a person who commits a sexual offense or an offense involving a pupil.
3. “Sexual offense” means any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
4. “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.
5. “Statutory sexual seduction” means:
(a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or
(b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.
6. “Victim” means a person who is a victim of a sexual offense or an offense involving a pupil.
CREDIT(S)
Added by Laws 1977, p. 1626. Amended by Laws 1979, p. 572; Laws 1991, p. 801; Laws 1995, p. 700; Laws 2009, c. 68, § 8, eff. May 11, 2009; Laws 2009, c. 300, § 1.1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.366
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.366. Sexual assault: Definition; penalties
1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, is guilty of sexual assault.
2. Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
(1) For life without the possibility of parole; or
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.
(b) If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.
3. Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
(b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 25 years has been served.
(c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 35 years has been served.
4. A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:
(a) A sexual assault pursuant to this section or any other sexual offense against a child; or
(b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,
is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.
5. For the purpose of this section, “other sexual offense against a child” means any act committed by an adult upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Sado-masochistic abuse pursuant to NRS 201.262; or
(d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.
CREDIT(S)
Added by Laws 1977, p. 1626. Amended by Laws 1991, p. 612; Laws 1995, p. 1186; Laws 1997, pp. 1179, 1719; Laws 1999, p. 431; Laws 2003, c. 461, § 1, eff. Oct. 1, 2003; Laws 2005, c. 507, § 27, eff. July 1, 2005; Laws 2007, c. 528, § 7.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.368
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.368. Statutory sexual seduction: Penalties
Except under circumstances where a greater penalty is provided in NRS 201.540, a person who commits statutory sexual seduction shall be punished:
1. If the person is 21 years of age or older, for a category C felony as provided in NRS 193.130.
2. If the person is under the age of 21 years, for a gross misdemeanor.
CREDIT(S)
Added by Laws 1977, p. 1627. Amended by Laws 1979, p. 1426; Laws 1995, p. 1187; Laws 2001, c. 137, § 1, eff. July 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.373
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.373. Sexual assault of spouse by spouse
It is no defense to a charge of sexual assault that the perpetrator was, at the time of the assault, married to the victim, if the assault was committed by force or by the threat of force.
CREDIT(S)
Added by Laws 1967, p. 470. Amended by Laws 1975, p. 1141; Laws 1977, p. 1628; Laws 1987, p. 1165.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.377
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.377. Victims of certain sexual offenses: Legislative findings and declarations
The Legislature finds and declares that:
1. This State has a compelling interest in assuring that the victim of a sexual offense or an offense involving a pupil:
(a) Reports the sexual offense or offense involving a pupil to the appropriate authorities;
(b) Cooperates in the investigation and prosecution of the sexual offense or offense involving a pupil; and
(c) Testifies at the criminal trial of the person charged with committing the sexual offense or offense involving a pupil.
2. The fear of public identification and invasion of privacy are fundamental concerns for the victims of sexual offenses or offenses involving a pupil. If these concerns are not addressed and the victims are left unprotected, the victims may refrain from reporting and prosecuting sexual offenses or offenses involving a pupil.
3. A victim of a sexual offense or an offense involving a pupil may be harassed, intimidated and psychologically harmed by a public report that identifies the victim. A sexual offense or an offense involving a pupil is, in many ways, a unique, distinctive and intrusive personal trauma. The consequences of identification are often additional psychological trauma and the public disclosure of private personal experiences.
4. Recent public criminal trials have focused attention on these issues and have dramatized the need for basic protections for the victims of sexual offenses or offenses involving a pupil.
5. The public has no overriding need to know the individual identity of the victim of a sexual offense or an offense involving a pupil.
6. The purpose of NRS 200.3771 to 200.3774, inclusive, is to protect the victims of sexual offenses and offenses involving a pupil from harassment, intimidation, psychological trauma and the unwarranted invasion of their privacy by prohibiting the disclosure of their identities to the public.
CREDIT(S)
Added by Laws 1993, p. 2475. Amended by Laws 2009, c. 300, § 1.2.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3771
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3771. Victims of certain sexual offenses: Confidentiality of records and reports that reveal identity; when disclosure permitted; penalty
1. Except as otherwise provided in this section, any information which is contained in:
(a) Court records, including testimony from witnesses;
(b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;
(c) Records of criminal history, as that term is defined in NRS 179A.070; and
(d) Records in the Central Repository for Nevada Records of Criminal History,
that reveals the identity of a victim of a sexual offense or an offense involving a pupil is confidential, including but not limited to the victim's photograph, likeness, name, address or telephone number.
2. A defendant charged with a sexual offense or an offense involving a pupil and the defendant’s attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and the defendant’s attorney shall not disclose this information except, as necessary, to those persons directly involved in the preparation of the defense.
3. A court of competent jurisdiction may authorize the release of the identifying information, upon application, if the court determines that:
(a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the disclosure;
(b) The disclosure will not place the victim at risk of personal harm; and
(c) Reasonable notice of the application and an opportunity to be heard have been given to the victim.
4. Nothing in this section prohibits:
(a) Any publication or broadcast by the media concerning a sexual offense or an offense involving a pupil.
(b) The disclosure of identifying information to any nonprofit organization or public agency whose purpose is to provide counseling, services for the management of crises or other assistance to the victims of crimes if:
(1) The organization or agency needs identifying information of victims to offer such services; and
(2) The court or a law enforcement agency approves the organization or agency for the receipt of the identifying information.
5. The willful violation of any provision of this section or the willful neglect or refusal to obey any court order made pursuant thereto is punishable as criminal contempt.
CREDIT(S)
Added by Laws 1993, p. 2476. Amended by Laws 2009, c. 300, § 1.3.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3772
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3772. Victims of certain sexual offenses: Procedure for substituting pseudonym for name on files, records and reports; actual identity confidential; when disclosure required; immunity for unintentional disclosure
1. A victim of a sexual offense or an offense involving a pupil may choose a pseudonym to be used instead of the victim's name on all files, records and documents pertaining to the sexual offense or offense involving a pupil, including, without limitation, criminal intelligence and investigative reports, court records and media releases.
2. A victim who chooses to use a pseudonym shall file a form to choose a pseudonym with the law enforcement agency investigating the sexual offense or offense involving a pupil. The form must be provided by the law enforcement agency.
3. If the victim files a form to use a pseudonym, as soon as practicable the law enforcement agency shall make a good faith effort to:
(a) Substitute the pseudonym for the name of the victim on all reports, files and records in the agency's possession; and
(b) Notify the prosecuting attorney of the pseudonym.
The law enforcement agency shall maintain the form in a manner that protects the confidentiality of the information contained therein.
4. Upon notification that a victim has elected to be designated by a pseudonym, the court shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the sexual offense or offense involving a pupil.
5. The information contained on the form to choose a pseudonym concerning the actual identity of the victim is confidential and must not be disclosed to any person other than the defendant or the defendant’s attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or the defendant’s attorney is subject to the conditions and restrictions specified in subsection 2 of NRS 200.3771. A person who violates this subsection is guilty of a misdemeanor.
6. A court of competent jurisdiction may order the disclosure of the information contained on the form only if it finds that the information is essential in the trial of the defendant accused of the sexual offense or offense involving a pupil or the identity of the victim is at issue.
7. A law enforcement agency that complies with the requirements of this section is immune from civil liability for unknowingly or unintentionally:
(a) Disclosing any information contained on the form filed by a victim pursuant to this section that reveals the identity of the victim; or
(b) Failing to substitute the pseudonym of the victim for the name of the victim on all reports, files and records in the agency's possession.
CREDIT(S)
Added by Laws 1993, p. 2477. Amended by Laws 2009, c. 300, § 1.4.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3773
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3773. Victims of certain sexual offenses: Public officer or employee prohibited from disclosing identity; exceptions; penalty
1. A public officer or employee who has access to any records, files or other documents which include the photograph, likeness, name, address, telephone number or other fact or information that reveals the identity of a victim of a sexual offense or an offense involving a pupil shall not intentionally or knowingly disclose the identifying information to any person other than:
(a) The defendant or the defendant’s attorney;
(b) A person who is directly involved in the investigation, prosecution or defense of the case;
(c) A person specifically named in a court order issued pursuant to NRS 200.3771; or
(d) A nonprofit organization or public agency approved to receive the information pursuant to NRS 200.3771.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 1993, p. 2477. Amended by Laws 2009, c. 300, § 1.5.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3774
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3774. Victims of certain sexual offenses: Effect of waiver of confidentiality
The provisions of NRS 200.3771, 200.3772 and 200.3773 do not apply if the victim of the sexual offense or offense involving a pupil voluntarily waives, in writing, the confidentiality of the information concerning the victim's identity.
CREDIT(S)
Added by Laws 1993, p. 2478. Amended by Laws 2009, c. 300, § 1.6.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.378
Effective: May 11, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.378. Court may impose temporary or extended order to restrict conduct of alleged perpetrator, defendant or convicted person; penalty for violation of order; dissemination of order; notice provided in order
1. In addition to any other remedy provided by law, a person who reasonably believes that the crime of sexual assault has been committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who allegedly committed the sexual assault to:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.
(c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.
2. If a defendant charged with a crime involving sexual assault is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.
(c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:
(a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and
(b) A hearing is held on the petition.
4. If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.
5. Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:
(a) A temporary order is guilty of a gross misdemeanor.
(b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. Any court order issued pursuant to this section must:
(a) Be in writing;
(b) Be personally served on the person to whom it is directed; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest.
(2) Is a gross misdemeanor if the order is a temporary order.
(3) Is a category C felony if the order is an extended order.
7. A temporary or extended order issued pursuant to this section must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the arrest if:
(a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;
(b) The person has previously violated a temporary or extended order for protection; or
(c) At the time of the violation or within 2 hours after the violation, the person has:
(1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or
(2) An amount of a prohibited substance in his or her blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110.
CREDIT(S)
Added by Laws 2009, c. 68, § 3, eff. May 11, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3781
Effective: May 11, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3781. Petitioner for order: Deferment of costs and fees; free information concerning order; no fee for serving order
1. The payment of all costs and official fees must be deferred for any person who petitions a court for a temporary or extended order pursuant to NRS 200.378. After any hearing and not later than final disposition of such an application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.
2. The clerk of the court shall provide a person who petitions the court for a temporary or extended order pursuant to NRS 200.378 and the adverse party, free of cost, with information about the:
(a) Availability of temporary and extended orders pursuant to NRS 200.378;
(b) Procedure for filing an application for such an order; and
(c) Right to proceed without legal counsel.
3. A person who obtains an order pursuant to NRS 200.378 must not be charged any fee to have the order served in this State.
CREDIT(S)
Added by Laws 2009, c. 68, § 4, eff. May 11, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3782
Effective: May 11, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3782. Duration of orders; dissolution or modification of temporary order
1. A temporary order issued pursuant to NRS 200.378 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days' notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than 1 year.
CREDIT(S)
Added by Laws 2009, c. 68, § 5, eff. May 11, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3783
Effective: May 11, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3783. Order to be transmitted to law enforcement agencies; enforcement
1. Each court that issues an order pursuant to NRS 200.378 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has probable cause to believe that:
(a) An order has been issued pursuant to NRS 200.378 to the person to be arrested;
(b) The person to be arrested has been served with a copy of the order; and
(c) The person to be arrested is acting in violation of the order.
3. Any law enforcement agency in this State may enforce a court order issued pursuant to NRS 200.378.
CREDIT(S)
Added by Laws 2009, c. 68, § 6, eff. May 11, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.3784
Effective: May 11, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Sexual Assault and Seduction
200.3784. Victim to be given certain information and documents concerning case; clerk to keep record of order or condition restricting conduct of defendant
1. The prosecuting attorney in any trial brought against a person on a charge of sexual assault shall inform the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and the court issues an order or provides a condition of the sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:
(a) Keep a record of the order or condition of the sentence; and
(b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.
CREDIT(S)
Added by Laws 2009, c. 68, § 7, eff. May 11, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.380
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Robbery
200.380. Definition; penalty
1. Robbery is the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person or property, or the person or property of a member of his or her family, or of anyone in his or her company at the time of the robbery. A taking is by means of force or fear if force or fear is used to:
(a) Obtain or retain possession of the property;
(b) Prevent or overcome resistance to the taking; or
(c) Facilitate escape.
The degree of force used is immaterial if it is used to compel acquiescence to the taking of or escaping with the property. A taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.
2. A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
CREDIT(S)
Amended by Laws 1961, p. 53; Laws 1967, p. 470; Laws 1993, p. 253; Laws 1995, p. 1187.
Formerly C&P (1911), § 162; RL (1912), § 6427; NCL (1929), § 10109.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.390
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Attempts to Kill
200.390. Administration of poison: Penalty
A person who willfully and maliciously administers or causes to be administered to or taken by a person, any poison, or other noxious or destructive substance or liquid, with the intention to cause the death of the person, and being thereof duly convicted, is guilty of a category A felony and shall be punished by imprisonment in the state prison:
1. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
2. For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served.
CREDIT(S)
Amended by Laws 1967, p. 471; Laws 1995, p. 1188.
Formerly C&P (1911), § 139; RL (1912), § 6404; NCL (1929), § 10086.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.400
Effective: May 6, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Battery with Intent to Commit a Crime
200.400. Definition; penalties
1. As used in this section:
(a) “Battery” means any willful and unlawful use of force or violence upon the person of another.
(b) “Strangulation” has the meaning ascribed to it in NRS 200.481.
2. A person who is convicted of battery with the intent to commit mayhem, robbery or grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
3. A person who is convicted of battery with the intent to kill is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
4. A person who is convicted of battery with the intent to commit sexual assault shall be punished:
(a) If the crime results in substantial bodily harm to the victim or is committed by strangulation, for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole; or
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served,
as determined by the verdict of the jury, or the judgment of the court if there is no jury.
(b) If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole.
(c) If the crime does not result in substantial bodily harm to the victim and the victim is a child under the age of 16, for a category A felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of life with the possibility of parole.
In addition to any other penalty, a person convicted pursuant to this subsection may be punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1967, p. 471; Laws 1971, p. 1385; Laws 1973, p. 1805; Laws 1977, p. 1628; Laws 1979, p. 1426; Laws 1981, p. 903; Laws 1985, p. 247; Laws 1991, p. 123; Laws 1995, p. 1188; Laws 2005, c. 507, § 28, eff. July 1, 2005; Laws 2009, c. 42, § 2, eff. May 6, 2009.
Formerly C&P (1911), § 148; RL (1912), § 6413; NCL (1929), § 10095.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.405
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Administration of Drug to Aid Commission of Crime
200.405. Administration of drug to aid commission of felony: Penalty
Unless a greater penalty is provided in NRS 200.408, a person who administers to another person any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating or emetic agent, with the intent thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
CREDIT(S)
Added by Laws 1987, p. 1624. Amended by Laws 1995, p. 1189; Laws 1997, p. 903.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.408
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Administration of Drug to Aid Commission of Crime
200.408. Administration of controlled substance to aid commission of crime of violence: Penalty; definitions
1. A person who causes to be administered to another person any controlled substance without that person's knowledge and with the intent thereby to enable or assist himself or herself or any other person to commit a crime of violence against that person or the property of that person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
2. As used in this section:
(a) “Controlled substance” includes flunitrazepam and gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor as defined in NRS 453.086.
(b) “Crime of violence” means:
(1) Any offense involving the use or threatened use of force or violence against the person or property of another; or
(2) Any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.
(c) “Without a person's knowledge” means the person is unaware that a substance that can alter the person’s ability to appraise conduct or to decline participation in or communicate an unwillingness to participate in conduct has been administered to the person.
CREDIT(S)
Added by Laws 1997, p. 902.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Duels and Challenges
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.410
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Duels and Challenges (Refs & Annos)
200.410. Death resulting from duel; penalty
If a person fights, by previous appointment or agreement, a duel with a rifle, shotgun, pistol, bowie knife, dirk, smallsword, backsword or other dangerous weapon, and in so doing kills his or her antagonist, or any person, or inflicts such a wound that the party or parties injured die thereof, each such offender is guilty of murder in the first degree, which is a category A felony, and upon conviction thereof shall be punished as provided in subsection 4 of NRS 200.030.
CREDIT(S)
Amended by Laws 1959, p. 10; Laws 1995, p. 1189; Laws 1999, p. 2.
Formerly C&P (1911), § 157; RL (1912), § 6422; NCL (1929), § 10104.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.430
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Duels and Challenges (Refs & Annos)
200.430. Incriminating testimony; witness’s privilege
Any person who is present at the time of fighting any duel with deadly weapons, as second, aid, surgeon or spectator, or who advises or gives assistance to such a duel, is a competent witness against any person offending against any of the provisions of NRS 200.410 and may be compelled to appear and give evidence before any justice of the peace, grand jury or court, in the same manner as other witnesses; but the testimony so given may not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.
CREDIT(S)
Amended by Laws 1979, p. 1426.
Formerly C&P (1911), § 159; RL (1912), § 6424; NCL (1929), § 10106.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.440
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Duels and Challenges (Refs & Annos)
200.440. Posting for not fighting; use of contemptuous language
If any person posts another, or in writing, print or orally uses any reproachable or contemptuous language to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, the person is guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1959, p. 10; Laws 1967, p. 471.
Formerly C&P (1911), § 160; RL (1912), § 6425; NCL (1929), § 10107.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.450
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Duels and Challenges (Refs & Annos)
200.450. Challenges to fight; penalties
1. If a person, upon previous concert and agreement, fights with any other person or gives, sends or authorizes any other person to give or send a challenge verbally or in writing to fight any other person, the person giving, sending or accepting the challenge to fight any other person shall be punished:
(a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. A person who acts for another in giving, sending, or accepting, either verbally or in writing, a challenge to fight any other person shall be punished:
(a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3. Should death ensue to a person in such a fight, or should a person die from any injuries received in such a fight, the person causing or having any agency in causing the death, either by fighting or by giving or sending for himself or herself or for any other person, or in receiving for himself or herself or for any other person, the challenge to fight, is guilty of murder in the first degree which is a category A felony and shall be punished as provided in subsection 4 of NRS 200.030.
CREDIT(S)
Amended by Laws 1967, p. 472; Laws 1977, p. 884; Laws 1979, p. 1426; Laws 1995, p. 1189; Laws 1999, p. 2.
Formerly C&P (1911), § 161; RL (1912), § 6426; NCL (1929), § 10108.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.460
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
False Imprisonment
200.460. Definition; penalties
1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
(a) By a prisoner in a penal institution without a deadly weapon; or
(b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
CREDIT(S)
Amended by Laws 1967, p. 472; Laws 1981, p. 614; Laws 1995, p. 1190; Laws 2003, c. 36, § 1, eff. May 1, 2003.
Formerly C&P (1911), § 175; RL (1912), § 6440; NCL (1929), § 10122.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.463
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Involuntary Servitude; Purchase or Sale of Person
200.463. Involuntary servitude; penalties
1. A person who knowingly subjects, or attempts to subject, another person to forced labor or services by:
(a) Causing or threatening to cause physical harm to any person;
(b) Physically restraining or threatening to physically restrain any person;
(c) Abusing or threatening to abuse the law or legal process;
(d) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
(e) Extortion; or
(f) Causing or threatening to cause financial harm to any person,
is guilty of holding a person in involuntary servitude.
2. A person who is found guilty of holding a person in involuntary servitude is guilty of a category B felony and shall be punished:
(a) Where the victim suffers substantial bodily harm while held in involuntary servitude or in attempted escape or escape therefrom, by imprisonment in the state prison for a minimum term of not less than 7 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.
(b) Where the victim suffers no substantial bodily harm as a result of being held in involuntary servitude, by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.
CREDIT(S)
Added by Laws 2005, c. 44, § 3, eff. Oct. 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.464
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Involuntary Servitude; Purchase or Sale of Person
200.464. Recruiting, enticing, harboring, transporting, providing or obtaining another person to be held in involuntary servitude; benefiting from another person being held in involuntary servitude; penalty
Unless a greater penalty is provided pursuant to NRS 200.468, a person who knowingly:
1. Recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be held in involuntary servitude; or
2. Benefits, financially or by receiving anything of value, from participating in a violation of NRS 200.463,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $50,000.
CREDIT(S)
Added by Laws 2005, c. 44, § 4, eff. Oct. 1, 2005. Amended by Laws 2007, c. 316, § 2.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.465
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Involuntary Servitude; Purchase or Sale of Person
200.465. Assuming rights of ownership over another person; purchase or sale of person; penalty
A person who:
1. Assumes or attempts to assume rights of ownership over another person;
2. Sells or attempts to sell a person to another;
3. Receives money or anything of value in consideration of placing a person in the custody or under the control of another;
4. Buys or attempts to buy a person;
5. Except as otherwise provided in chapter 127 of NRS, pays money or delivers anything of value to another in consideration of having a person placed in his or her custody or under his or her power or control; or
6. Knowingly aids or assists in any manner a person who violates any provision of this section,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.
CREDIT(S)
Added by Laws 1989, p. 1186. Amended by Laws 1995, p. 1190; Laws 2005, c. 44, § 5, eff. Oct. 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.467
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Trafficking in Persons
200.467. Trafficking in persons for financial gain; penalties
1. A person shall not transport, procure transportation for or assist in the transportation of or procurement of transportation for another person into the State of Nevada who the person knows or has reason to know does not have the legal right to enter or remain in the United States in exchange for money or other financial gain.
2. A person who violates the provisions of subsection 1 is guilty of trafficking in persons and, unless a greater penalty is provided pursuant to NRS 200.464 or 200.468, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $50,000.
CREDIT(S)
Added by Laws 2007, c. 316, § 1.5.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.468
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Trafficking in Persons
200.468. Trafficking in persons for illegal purposes; penalty
1. A person shall not transport, procure transportation for or assist in the transportation of or procurement of transportation for another person into the State of Nevada whom the person knows or has reason to know does not have the legal right to enter or remain in the United States with the intent to:
(a) Subject the person to involuntary servitude or any other act prohibited pursuant to NRS 200.463 or 200.465;
(b) Violate any state or federal labor law, including, without limitation, 8 U.S.C. § 1324a; or
(c) Commit any other crime which is punishable by not less than 1 year imprisonment in the state prison.
2. A person who violates the provisions of subsection 1 is guilty of trafficking in persons for illegal purposes and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.
CREDIT(S)
Added by Laws 2007, c. 316, § 1.3.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.471
Effective: January 1, 2012
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Assault and Battery
200.471. Assault: Definitions; penalties
1. As used in this section:
(a) “Assault” means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) “Officer” means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or county jail;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.
(c) “Provider of health care” means a physician, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor's assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide--certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian and an emergency medical technician.
(d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(e) “Sporting event” has the meaning ascribed to it in NRS 41.630.
(f) “Sports official” has the meaning ascribed to it in NRS 41.630.
(g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(h) “Taxicab driver” means a person who operates a taxicab.
(i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
CREDIT(S)
Added by Laws 1971, p. 1384. Amended by Laws 1981, p. 903; Laws 1985, p. 248; Laws 1989, p. 1010; Laws 1991, pp. 124, 774; Laws 1995, pp. 21, 1190, 1321; Laws 1997, c. 160, § 2; Laws 1999, c. 57, § 1; Laws 2001, c. 33, § 1; Laws 2001, c. 216, § 2, eff. May 29, 2001; Laws 2003, c. 23, § 1; Laws 2005, c. 64, § 2; Laws 2007, c. 413, § 85, eff. Jan. 1, 2008; Laws 2007, c. 515, § 71, eff. July 1, 2007; Laws 2009, c. 37, § 1, eff. May 6, 2009; Laws 2009, c. 494, § 80, eff. July 1, 2010; Laws 2011, c. 255, § 31; Laws 2011, c. 273, § 51, eff. Jan. 1, 2012.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.481
Effective: May 6, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Assault and Battery
200.481. Battery: Definitions; penalties
1. As used in this section:
(a) “Battery” means any willful and unlawful use of force or violence upon the person of another.
(b) “Child” means a person less than 18 years of age.
(c) “Officer” means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.
(d) “Provider of health care” has the meaning ascribed to it in NRS 200.471.
(e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(f) “Sporting event” has the meaning ascribed to it in NRS 41.630.
(g) “Sports official” has the meaning ascribed to it in NRS 41.630.
(h) “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(j) “Taxicab driver” means a person who operates a taxicab.
(k) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193. 130.
(c) If:
(1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;
(2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and
(3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,
for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
CREDIT(S)
Added by Laws 1971, p. 1385. Amended by Laws 1973, p. 1444; Laws 1975, p. 1063; Laws 1977, p. 736; Laws 1979, pp. 213, 1427; Laws 1981, pp. 12, 614; Laws 1983, p. 673; Laws 1985, pp. 248, 2171; Laws 1987, p. 515; Laws 1989, p. 1178; Laws 1991, pp. 154, 774; Laws 1995, pp. 22, 903, 1191, pp. 1321, 1335; Laws 1997, pp. 435, 1180, 1813; Laws 1999, p. 141; Laws 2001, c.33, § 2, eff. Oct. 1, 2001; Laws 2003, c. 23, § 2, eff. Oct. 1, 2003; Laws 2005, c. 64, § 3, eff. Oct. 1, 2005; Laws 2009, c. 42, § 3, eff. May 6, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.485
Effective: July 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Assault and Battery
200.485. Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation and suspension; definitions
1. Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130and by a fine of not more than $15,000.
3. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a)
For the first offense within 7 years, require the person to participate in
weekly counseling sessions of not less than 1 1/
(b)
For the second offense within 7 years, require the person to participate in
weekly counseling sessions of not less than 1 1/
If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
4. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
5. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
6. In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Health Division of the Department of Health and Human Services.
7. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.
8. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
9. As used in this section:
(a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
(b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
CREDIT(S)
Added by Laws 1997, p. 1811. Amended by Laws 1999, p. 1880; Laws 2001, c.7, § 1, eff. March 27, 2001; Laws 2001, c. 515, § 1, eff. Oct. 1, 2001; Laws 2001, c. 575, § 53, eff. July 1, 2001; Laws 2001, c. 575, § 71.7, eff. July 1, 2001; Laws 2001, c. 49, § 40, eff. May 10, 2001; Laws 2003, c. 284, § 38, eff. July 1, 2003; Laws 2005, c. 18, § 1, eff. July 1, 2005; Laws 2005, c. 162, § 1, eff. July 1, 2005; Laws 2007, c. 327, § 52; Laws 2007, c. 327, § 53, eff. July 1, 2009; Laws 2009, c. 42, § 4, eff. May 6, 2009; Laws 2009, c. 42, § 5, eff. July 1, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.490
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Assault and Battery
200.490. Provoking assault: Penalty
Every person who shall, by word, sign or gesture, willfully provoke, or attempt to provoke, another person to commit an assault shall be punished by a fine of not more than $500.
CREDIT(S)
Amended by Laws 1967, p. 473.
Formerly C&P (1911), § 150 [part]; RL (1912), § 6415; NCL (1929), § 10097.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.495
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Criminal Neglect of Patients
200.495. Definitions; penalties
1. A professional caretaker who fails to provide such service, care or supervision as is reasonable and necessary to maintain the health or safety of a patient is guilty of criminal neglect of a patient if:
(a) The act or omission is aggravated, reckless or gross;
(b) The act or omission is such a departure from what would be the conduct of an ordinarily prudent, careful person under the same circumstances that it is contrary to a proper regard for danger to human life or constitutes indifference to the resulting consequences;
(c) The consequences of the negligent act or omission could have reasonably been foreseen; and
(d) The danger to human life was not the result of inattention, mistaken judgment or misadventure, but the natural and probable result of an aggravated reckless or grossly negligent act or omission.
2. Unless a more severe penalty is prescribed by law for the act or omission which brings about the neglect, a person who commits criminal neglect of a patient:
(a) If the neglect results in death, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
(b) If the neglect results in substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the neglect does not result in death or substantial bodily harm, is guilty of a gross misdemeanor.
3. For the purposes of this section, a patient is not neglected for the sole reason that:
(a) According to the patient’s desire, the patient is being furnished with treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination. Subsection 1 does not authorize or require any medical care or treatment over the implied or express objection of such a patient.
(b) Life-sustaining treatment was withheld or withdrawn in accordance with a valid declaration by the patient or his or her agent pursuant to NRS 162A.790.
4. Upon the conviction of a person for a violation of the provisions of subsection 1, the Attorney General shall give notice of the conviction to the licensing boards which:
(a) Licensed the facility in which the criminal neglect occurred; and
(b) If applicable, licensed the person so convicted.
5. As used in this section:
(a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.
(b) “Patient” means a person who resides or receives health care in a medical facility.
(c) “Professional caretaker” means a person who:
(1) Holds a license, registration or permit issued pursuant to title 54 or chapter 449 of NRS;
(2) Is employed by, an agent of or under contract to perform services for, a medical facility; and
(3) Has responsibility to provide care to patients.
The term does not include a person who is not involved in the day-to-day operation or management of a medical facility unless that person has actual knowledge of the criminal neglect of a patient and takes no action to cure such neglect.
CREDIT(S)
Added by Laws 1993, p. 2497. Amended by Laws 1995, p. 1192; Laws 2009, c. 64, § 76.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.508
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse and Neglect of Children
200.508. Abuse, neglect or endangerment of child: Penalties; definitions
1. A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or
(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,
unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
2. A person who is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,
unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
4. As used in this section:
(a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.
(b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) “Physical injury” means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior.
CREDIT(S)
Added by Laws 1971, p. 772. Amended by Laws 1975, p. 1141; Laws 1977, pp. 738, 1629; Laws 1985, p. 1399; Laws 1989, pp. 866, 1510, 1512; Laws 1995, p. 1193; Laws 1997, pp. 850, 1720; Laws 1999, pp. 470, 472; Laws 2001, c. 276, § 14, eff. May 31, 2001; Laws 2001, c. 258, § 1, eff. Oct. 1, 2001; Laws 2003, c. 2, § 23, eff. March 5, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5081
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse and Neglect of Children
200.5081. District attorney may refer person suspected of violating NRS 200.508 for treatment or counseling
1. A district attorney may, if the circumstances indicate that treatment or counseling is needed, refer a person who is suspected of violating a provision of NRS 200.508 to an appropriate public or private agency for treatment or counseling. The district attorney shall obtain the consent of the agency to which the district attorney intends to refer the person before doing so.
2. Nothing in this section limits the discretion of the district attorney to undertake prosecution of a person who has been referred for treatment or counseling pursuant to subsection 1.
CREDIT(S)
Added by Laws 1981, p. 1228.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5083
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse and Neglect of Children
200.5083. Mutilation of genitalia of female child: Penalties; definitions
1. A person who willfully:
(a) Mutilates, or aids, abets, encourages or participates in the mutilation of the genitalia of a female child; or
(b) Removes a female child from this State for the purpose of mutilating the genitalia of the child,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
2. It is not a defense that:
(a) The person engaging in the conduct prohibited by subsection 1 believes that the conduct is necessary or appropriate as a matter of custom, ritual or standard practice; or
(b) The child, the parent or legal guardian of the child, or another person legally responsible for the child has consented to the conduct prohibited by subsection 1.
3. As used in this section:
(a) “Child” means a person who is under 18 years of age.
(b) “Mutilates the genitalia of a female child” means the removal or infibulation in whole or in part of the clitoris, vulva, labia major or labia minor for nonmedical purposes.
CREDIT(S)
Added by Laws 1997, p. 678.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5085
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse and Neglect of Children
200.5085. Use of nonmedical remedial treatment
A child is not abused or neglected, nor is the child’s health or welfare harmed or threatened for the sole reason that his or her parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment.
CREDIT(S)
Added by Laws 1979, p. 437.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5091
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5091. Policy of State
It is the policy of this State to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect, exploitation and isolation of older persons and vulnerable persons through the complete reporting of abuse, neglect, exploitation and isolation of older persons and vulnerable persons.
CREDIT(S)
Added by Laws 1981, p. 1334. Amended by Laws 1997, p. 1348; Laws 2005, c. 324, § 3.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5092
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5092. Definitions
As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:
1. “Abuse” means willful and unjustified:
(a) Infliction of pain, injury or mental anguish on an older person or a vulnerable person; or
(b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person.
2. “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:
(a) Obtain control, through deception, intimidation or undue influence, over the older person's or vulnerable person's money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or
(b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.
As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.
3. “Isolation” means willfully, maliciously and intentionally preventing an older person or a vulnerable person from having contact with another person by:
(a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor; or
(b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person.
The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.
4. “Neglect” means the failure of:
(a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person; or
(b) An older person or a vulnerable person to provide for his or her own needs because of inability to do so.
5. “Older person” means a person who is 60 years of age or older.
6. “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation and isolation of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.
7. “Vulnerable person” means a person 18 years of age or older who:
(a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or
(b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.
CREDIT(S)
Added by Laws 1981, p. 1334. Amended by Laws 1983, pp. 1359, 1652; Laws 1995, p. 2250; Laws 1997, p. 1348; Laws 1999, p. 3517; Laws 2003, c. 78, § 1, eff. Oct. 1, 2003; Laws 2005, c. 324, § 4.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.50925
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.50925. “Reasonable cause to believe” and “as soon as reasonably practicable” defined
For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:
1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
CREDIT(S)
Added by Laws 1999, p. 3517.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5093
Effective: January 1, 2012
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5093. Report of abuse, neglect, exploitation or isolation of older person; voluntary and mandatory reports; investigation; penalty
1. Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:
(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:
(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriff's office;
(3) The county's office for protective services, if one exists in the county where the suspected action occurred; or
(4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
3. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, advanced emergency medical technician, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 427A.0291.
(g) Any employee of the Department of Health and Human Services.
(h) Any employee of a law enforcement agency or a county's office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:
(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and
(c) Unit for the Investigation and Prosecution of Crimes.
8. If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county's office for protective services may provide protective services to the older person if the older person is able and willing to accept them.
9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
10. As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.
CREDIT(S)
Added by Laws 1981, p. 1334. Amended by Laws 1983, p. 1653; Laws 1985, p. 1491; Laws 1987, pp. 2130, 2218; Laws 1989, p. 904; Laws 1991, p. 135; Laws 1993, p. 2226; Laws 1995, p. 2250; Laws 1997, pp. 108, 2608, 2610, pp. 2637, 2639; Laws 1999, pp. 137, 2242, pp. 2245, 2248, 3518; Laws 2001, c. 10, § 93, eff. April 2, 2001; Laws 2001, c. 152, § 50; Laws 2003, c. 173, § 42, eff. Oct. 1, 2003; Laws 2005, c. 324, § 5; Laws 2005, c. 458, § 14, eff. July 1, 2005; Laws 2007, c. 305, § 30, eff. June 2, 2007; Laws 2007, c. 224, § 19, eff. July 1, 2007; Laws 2007, c. 515, § 72, eff. July 1, 2007; Laws 2007, c. 413, § 86, eff. Jan. 1, 2008; Laws 2009, c. 428, § 6, eff. July 1, 2009; Laws 2009, c. 437, § 1; Laws 2009, c. 494, § 81, eff. July 1, 2010; Laws 2011, c. 252, § 27, eff. Jan. 1, 2012; Laws 2011, c. 273, § 52, eff. Jan. 1, 2012.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.50935
Effective: January 1, 2012
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.50935. Report of abuse, neglect, exploitation or isolation of vulnerable person; voluntary and mandatory reports; investigation; penalty
1. Any person who is described in subsection 3 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:
(a) Report the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited or isolated.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.
3. A report must be made pursuant to subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, advanced emergency medical technician, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of a vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to provide nursing in the home.
(e) Any employee of the Department of Health and Human Services.
(f) Any employee of a law enforcement agency or an adult or juvenile probation officer.
(g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.
(h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.
(i) Every social worker.
(j) Any person who owns or is employed by a funeral home or mortuary.
4. A report may be made by any other person.
5. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
6. A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.
7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 2005, c. 324, § 2. Amended by Laws 2007, c. 515, § 73, eff. July 1, 2007; Laws 2007, c. 413, § 87, eff. Jan. 1, 2008; Laws 2009, c. 494, § 82, eff. July 1, 2010; Laws 2011, c. 252, § 28, eff. Jan. 1, 2012; Laws 2011, c. 273, § 53, eff. Jan. 1, 2012.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5094
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5094. Reports: Manner of making; contents
1. A person may make a report pursuant to NRS 200.5093 or 200.50935 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, when possible:
(a) The name and address of the older person or vulnerable person;
(b) The name and address of the person responsible for his or her care, if there is one;
(c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited or isolated the older person or vulnerable person;
(d) The nature and extent of the abuse, neglect, exploitation or isolation of the older person or vulnerable person;
(e) Any evidence of previous injuries; and
(f) The basis of the reporter's belief that the older person or vulnerable person has been abused, neglected, exploited or isolated.
CREDIT(S)
Added by Laws 1981, p. 1335. Amended by Laws 1983, p. 1654; Laws 1997, p. 1351; Laws 1999, p. 3520; Laws 2005, c. 324, § 6.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5095
Effective: January 1, 2012
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5095. Reports and records confidential; permissible or required disclosure; penalty
1. Reports made pursuant to NRS 200.5093, 200.50935 and 200.5094, and records and investigations relating to those reports, are confidential.
2. A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation or isolation of older persons or vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982; or
(c) To persons or agencies enumerated in subsection 3,
is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person is available only to:
(a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited or isolated;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation or isolation of the older person or vulnerable person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation or isolation;
(i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation or isolation; or
(j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited or isolated, if that person is not legally incompetent.
4. If the person who is reported to have abused, neglected, exploited or isolated an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, codified in ch. 640E the information contained in the report must be submitted to the board that issued the license.
CREDIT(S)
Added by Laws 1981, p. 1335. Amended by Laws 1983, p. 1654; Laws 1995, p. 2252; Laws 1997, p. 1351; Laws 2003, c. 173, § 43, eff. Oct. 1, 2003; Laws 2005, c. 324, § 7; Laws 2011, c. 252, § 29, eff. Jan. 1, 2012; Laws 2011, c. 273, § 54, eff. Jan. 1, 2012.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.50955
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.50955. Law enforcement agency: Required to act promptly in obtaining certain warrants
A law enforcement agency shall promptly seek to obtain a warrant for the arrest of any person the agency has probable cause to believe is criminally responsible for the abuse, neglect, exploitation or isolation of an older person or a vulnerable person.
CREDIT(S)
Added by Laws 1997, p. 1348. Amended by Laws 2005, c. 324, § 8.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5096
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5096. Immunity from civil or criminal liability for reporting, investigating or submitting information
Immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:
1. Participates in the making of a report;
2. Causes or conducts an investigation of alleged abuse, neglect, exploitation or isolation of an older person or a vulnerable person; or
3. Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.
CREDIT(S)
Added by Laws 1981, p. 1336. Amended by Laws 1995, p. 2253; Laws 1997, p. 1352; Laws 2005, c. 324, § 9.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5097
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5097. Admissibility of evidence
In any proceeding resulting from a report made or action taken pursuant to NRS 200.5091 to 200.50995, inclusive, or in any other proceeding, the report or its contents or any other fact related thereto or to the condition of the older person or vulnerable person who is the subject of the report may not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.
CREDIT(S)
Added by Laws 1981, p. 1336. Amended by Laws 2005, c. 324, § 10.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5098
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5098. Duties of Aging and Disability Services Division of Department of Health and Human Services regarding older persons; organization and operation of teams for provision of assistance
1. The Aging and Disability Services Division of the Department of Health and Human Services shall:
(a) Identify and record demographic information on the older person who is alleged to have been abused, neglected, exploited or isolated and the person who is alleged to be responsible for such abuse, neglect, exploitation or isolation.
(b) Obtain information from programs for preventing abuse of older persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.
(c) Publicize the provisions of NRS 200.5091 to 200.50995, inclusive.
2. The Administrator of the Aging and Disability Services Division of the Department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect, exploitation or isolation of older persons. Members of the team serve at the invitation of the Administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect, exploitation or isolation of older persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.
3. The team may receive otherwise confidential information and records pertaining to older persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.
CREDIT(S)
Added by Laws 1981, p. 1335. Amended by Laws 1983, p. 1655; Laws 1991, p. 134; Laws 1997, p. 1352.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.50982
Effective: May 22, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.50982. Disclosure of information concerning reports and investigations to other agencies or legal representative of older person or vulnerable person ; disclosure of information concerning suspect in investigation of abuse, neglect, exploitation or isolation of older person
1. The provisions of NRS 200.5091 to 200.50995, inclusive, do not prohibit an agency which is investigating a report of abuse, neglect, exploitation or isolation, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:
(a) The agency making the disclosure determines that the disclosure is in the best interest of the older person or vulnerable person; and
(b) Proper safeguards are taken to ensure the confidentiality of the information.
2. If the Aging and Disability Services Division of the Department of Health and Human Services is investigating a report of abuse, neglect, exploitation or isolation of an older person, a law enforcement agency shall, upon request of the Aging and Disability Services Division, provide information relating to any suspect in the investigation as soon as possible. The information must include, when possible:
(a) The records of criminal history of the suspect;
(b) Whether or not the suspect resides with or near the older person; and
(c) A summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person.
CREDIT(S)
Added by Laws 1995, p. 2249. Amended by Laws 1997, p. 1353; Laws 2005, c. 324, § 11; Laws 2007, c. 101, § 2, eff. May 22, 2007.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.50984
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.50984. Inspection of records pertaining to older person on whose behalf investigation is conducted
1. Notwithstanding any other statute to the contrary, the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a county's office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person's medical and financial records.
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the Aging and Disability Services Division or the county's office for protective services shall obtain the consent of the older person before inspecting those records. If the Aging and Disability Services Division or the county's office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his or her consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the Aging and Disability Services Division or the county's office for protective services shall obtain the consent of the guardian before inspecting those records. If the Aging and Disability Services Division or the county's office for protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
CREDIT(S)
Added by Laws 1995, p. 2249. Amended by Laws 1997, pp. 1353, 2611, 2641; Laws 1999, pp. 139, 2242, pp. 2247, 2248, 3521; Laws 2001, c. 10, § 93, eff. April 2, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.50986
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.50986. Petition for removal of guardian of older person
The local office of the Aging and Disability Services Division of the Department of Health and Human Services or the county's office for protective services may petition a court in accordance with NRS 159.185, 159.1853 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the Aging and Disability Services Division or the county's office of protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5091 to 200.50995, inclusive.
CREDIT(S)
Added by Laws 1995, p. 2250. Amended by Laws 1997, pp. 1354, 2612, 2641; Laws 1999, pp. 139, 2242, pp. 2248, 3521; Laws 2001, c. 10, §§ 93 and 135, eff. April 2, 2001; Laws 2003, c. 322, § 118, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.5099
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.5099. Penalties
1. Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who:
(a) Neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering;
(b) Permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
3. Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished, if the value of any money, assets and property obtained or used:
(a) Is less than $650, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;
(b) Is at least $650 but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
4. If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person or a vulnerable person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.
6. A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
8. In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.
9. As used in this section:
(a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.
(b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.
(c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.
CREDIT(S)
Added by Laws 1981, p. 1336. Amended by Laws 1983, pp. 1652, 1655; Laws 1985, p. 249; Laws 1995, pp. 1194, 2253; Laws 1997, pp. 110, 1354; Laws 2003, c. 422, § 2, eff. Oct. 1, 2003; Laws 2005, c. 324, § 12; Laws 2011, c. 41, § 4.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.50995
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons (Refs & Annos)
200.50995. Penalties for conspiracy
A person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:
1. For the first offense, for a gross misdemeanor.
2. For the second and all subsequent offenses, for a category C felony as provided in NRS 193.130.
Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.
CREDIT(S)
Added by Laws 1997, p. 1347. Amended by Laws 2003, c. 422, § 3, eff. Oct. 1, 2003; Laws 2005, c. 324, § 13.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Libel
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.510
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Libel (Refs & Annos)
200.510. Definition; penalties; truth may be given in evidence; jury to determine law and fact
1. A libel is a malicious defamation, expressed by printing, writing, signs, pictures or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt or ridicule.
2. Every person, whether the writer or publisher, convicted of the offense is guilty of a gross misdemeanor.
3. In all prosecutions for libel the truth may be given in evidence to the jury, and, if it shall appear to the jury that the matter charged as libelous is true and was published for good motive and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact.
CREDIT(S)
Amended by Laws 1967, p. 473.
Formerly C&P (1911), § 163; Laws 1915, p. 423; RL (1919), § 6428; NCL (1929), § 10110.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.520
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Libel (Refs & Annos)
200.520. Publication defined
Any method by which matter charged as libelous may be communicated to another shall be deemed a publication thereof.
CREDIT(S)
Formerly C&P (1911), § 164; RL (1912), § 6429; NCL (1929), § 10111.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.530
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Libel (Refs & Annos)
200.530. Liability of editor or publisher
Every editor or proprietor of a book, newspaper or serial, and every manager of a copartnership or corporation by which any book, newspaper or serial is issued, is chargeable with the publication of any matter contained in any such book, newspaper or serial, but in every prosecution for libel the defendant may show in his or her defense that the matter complained of was published without his or her knowledge or fault and against his or her wishes by another who had no authority from the defendant to make such publication, and was retracted by the defendant as soon as known with an equal degree of publicity.
CREDIT(S)
Formerly C&P (1911), § 165; RL (1912), § 6430; NCL (1929), § 10112.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.540
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Libel (Refs & Annos)
200.540. Criminal proceedings: Venue
Every person publishing a libel in this state may be proceeded against in any county where such libelous matter was published or circulated, but a person shall not be proceeded against for the publication of the same libel against the same person in more than one county.
CREDIT(S)
Formerly C&P (1911), § 166; RL (1912), § 6431; NCL (1929), § 10113.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.550
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Libel (Refs & Annos)
200.550. Furnishing libelous information: Penalty
Every person who shall willfully state, deliver or transmit by any means whatever to any manager, editor, publisher, reporter or other employee of a publisher of any newspaper, magazine, publication, periodical or serial any statement concerning any person or corporation which, if published therein, would be a libel shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 167; RL (1912), § 6432; NCL (1929), § 10114.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.560
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Libel (Refs & Annos)
200.560. Threatening to publish libel: Penalty
Every person who shall threaten another with the publication of a libel concerning the latter, or his or her spouse, parent, child or other family member, and every person who offers to prevent the publication of a libel upon another person upon condition of the payment of, or with intent to extort, money or other valuable consideration from any person, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 168; RL (1912), § 6433; NCL (1929), § 10115.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Harassment and Stalking
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.571
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.571. Harassment: Definition; penalties
1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 or 3 of NRS 200.575 are applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
CREDIT(S)
Added by Laws 1989, p. 897. Amended by Laws 1993, p. 510; Laws 2001, c. 560, § 2, eff. June 13, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.575
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.575. Stalking: Definitions; penalties
1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
3. A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.
4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
5. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
6. As used in this section:
(a) “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) “Family or household member” means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person.
(c) “Internet or network site” has the meaning ascribed to it in NRS 205.4744.
(d) “Network” has the meaning ascribed to it in NRS 205.4745.
(e) “Provider of Internet service” has the meaning ascribed to it in NRS 205.4758.
(f) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person's telephone or computer by addressing the communication to the recipient's telephone number.
(g) “Without lawful authority” includes acts which are initiated or continued without the victim's consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, camera operator or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his or her lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
CREDIT(S)
Added by Laws 1993, p. 509. Amended by Laws 1995, pp. 59, 1195, 1324; Laws 1999, p. 1377; Laws 2001, c. 560, § 3, eff. June 13, 2001; Laws 2001, c. 123, § 2, eff. Oct. 1, 2001; Laws 2001, c. 560, § 2, eff. June 13, 2001; Laws 2003, c. 2, § 91, eff. March 5, 2003; Laws 2009, c. 497, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.581
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.581. Where offense committed
Harassment, stalking or aggravated stalking shall be deemed to have been committed where the conduct occurred or where the person who was affected by the conduct was located at the time that the conduct occurred.
CREDIT(S)
Added by Laws 1989, p. 897. Amended by Laws 1993, p. 510; Laws 1995, p. 60; Laws 2001, c. 123, § 3, eff. Oct. 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.591
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.591. Court may impose temporary or extended order to restrict conduct of alleged perpetrator, defendant or convicted person; penalty for violation of order; dissemination of order; notice provided in order
1. In addition to any other remedy provided by law, a person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.
2. If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:
(a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and
(b) A hearing is held on the petition.
4. If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.
5. Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:
(a) A temporary order is guilty of a gross misdemeanor.
(b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. Any court order issued pursuant to this section must:
(a) Be in writing;
(b) Be personally served on the person to whom it is directed; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest.
(2) Is a gross misdemeanor if the order is a temporary order.
(3) Is a category C felony if the order is an extended order.
7. A temporary or extended order issued pursuant to this section must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:
(a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;
(b) The person has previously violated a temporary or extended order for protection; or
(c) At the time of the violation or within 2 hours after the violation, the person has:
(1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or
(2) An amount of a prohibited substance in his or her blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110.
CREDIT(S)
Added by Laws 1989, p. 897. Amended by Laws 1993, p. 510; Laws 1995, pp. 61, 1324; Laws 2005, c. 269, § 2, eff. July 1, 2005; Laws 2007, c. 276, § 7.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.592
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.592. Petitioner for order: Deferment of costs and fees; free information concerning order; no fee for serving order
1. The payment of all costs and official fees must be deferred for any person who petitions a court for a temporary or extended order pursuant to NRS 200.591. After any hearing and not later than final disposition of such an application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.
2. The clerk of the court shall provide a person who petitions the court for a temporary or extended order pursuant to NRS 200.591 and the adverse party, free of cost, with information about the:
(a) Availability of temporary and extended orders pursuant to NRS 200.591;
(b) Procedure for filing an application for such an order; and
(c) Right to proceed without legal counsel.
3. A person who obtains an order pursuant to NRS 200.591 must not be charged any fee to have the order served in this State.
CREDIT(S)
Added by Laws 2001, c. 354, § 1, eff. June 5, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.594
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.594. Duration of orders; dissolution or modification of temporary order
1. A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days' notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for no more than 1 year.
CREDIT(S)
Added by Laws 1995, p. 59.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.597
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.597. Order to be transmitted to law enforcement agencies; enforcement
1. Each court that issues an order pursuant to NRS 200.591 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has probable cause to believe that:
(a) An order has been issued pursuant to NRS 200.591 to the person to be arrested;
(b) The person to be arrested has been served with a copy of the order; and
(c) The person to be arrested is acting in violation of the order.
3. Any law enforcement agency in this State may enforce a court order issued pursuant to NRS 200.591.
CREDIT(S)
Added by Laws 1995, p. 59. Amended by Laws 2005, c. 269, § 3, eff. July 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.601
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Harassment and Stalking (Refs & Annos)
200.601. Victim to be given certain information and documents concerning case; clerk to keep record of order or condition restricting conduct of defendant
1. The prosecuting attorney in any trial brought against a person on a charge of harassment, stalking or aggravated stalking shall inform the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and the court issues an order or provides a condition of the sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:
(a) Keep a record of the order or condition of the sentence; and
(b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.
CREDIT(S)
Added by Laws 1989, p. 898. Amended by Laws 1993, p. 511.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.603
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Peeping
200.603. Peering, peeping or spying through window, door or other opening of dwelling of another; penalties
1. A person shall not knowingly enter upon the property or premises of another or upon the property or premises owned by him or her and leased or rented to another with the intent to surreptitiously conceal himself or herself on the property or premises and peer, peep or spy through a window, door or other opening of a building or structure that is used as a dwelling on the property or premises.
2. A person who violates subsection 1 is guilty of:
(a) If the person is in possession of a deadly weapon at the time of the violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) If the person is not in possession of a deadly weapon at the time of the violation, but is in possession of a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a gross misdemeanor.
(c) If the person is not in possession of a deadly weapon or a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a misdemeanor.
3. This section does not apply to:
(a) A law enforcement officer conducting a criminal investigation or surveillance;
(b) A building inspector, building official or other similar authority employed by a governmental body while performing his or her duties; or
(c) An employee of a public utility while performing his or her duties.
CREDIT(S)
Added by Laws 2005, c. 257, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.604
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Peeping
200.604. Capturing image of private area of another person; distributing, disclosing, displaying, transmitting or publishing image of private area of another person; penalties; exceptions; confidentiality of image
1. Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:
(a) Without the consent of the other person; and
(b) Under circumstances in which the other person has a reasonable expectation of privacy.
2. Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1.
3. A person who violates this section:
(a) For a first offense, is guilty of a gross misdemeanor.
(b) For a second or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
4. This section does not prohibit any lawful law enforcement or correctional activity, including, without limitation, capturing, distributing, disclosing, displaying, transmitting or publishing an image for the purpose of investigating or prosecuting a violation of this section.
5. If a person is charged with a violation of this section, any image of the private area of a victim that is contained within:
(a) Court records;
(b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;
(c) Records of criminal history, as that term is defined in NRS 179A.070; and
(d) Records in the Central Repository for Nevada Records of Criminal History,
is confidential and, except as otherwise provided in subsections 6 and 7, must not be inspected by or released to the general public.
6. An image that is confidential pursuant to subsection 5 may be inspected or released:
(a) As necessary for the purposes of investigation and prosecution of the violation;
(b) As necessary for the purpose of allowing a person charged with a violation of this section and his or her attorney to prepare a defense; and
(c) Upon authorization by a court of competent jurisdiction as provided in subsection 7.
7. A court of competent jurisdiction may authorize the inspection or release of an image that is confidential pursuant to subsection 5, upon application, if the court determines that:
(a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the inspection or release; and
(b) Reasonable notice of the application and an opportunity to be heard have been given to the victim.
8. As used in this section:
(a) “Broadcast” means to transmit electronically an image with the intent that the image be viewed by any other person.
(b) “Capture,” with respect to an image, means to videotape, photograph, film, record by any means or broadcast.
(c) “Female breast” means any portion of the female breast below the top of the areola.
(d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.
(e) “Under circumstances in which the other person has a reasonable expectation of privacy” means:
(1) Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of his or her private area would be captured; or
(2) Circumstances in which a reasonable person would believe that his or her private area would not be visible to the public, regardless of whether the person is in a public or private place.
CREDIT(S)
Added by Laws 2007, c. 196, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.605
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Hazing
200.605. Penalties; definition
1. A person who engages in hazing is guilty of:
(a) A misdemeanor, if no substantial bodily harm results.
(b) A gross misdemeanor, if substantial bodily harm results.
2. Consent of a victim of hazing is not a valid defense to a prosecution conducted pursuant to this section.
3. For the purposes of this section, an activity shall be deemed to be “forced” if initiation into or affiliation with a student organization, academic association or athletic team is directly or indirectly conditioned upon participation in the activity.
4. As used in this section, “hazing” means an activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association or athletic team at a high school, college or university in this state. The term:
(a) Includes, without limitation, any physical brutality or brutal treatment, including, without limitation, whipping, beating, branding, forced calisthenics, exposure to the elements or forced consumption of food, liquor, drugs or other substances.
(b) Does not include any athletic, curricular, extracurricular or quasi-military practice, conditioning or competition that is sponsored or approved by the high school, college or university.
CREDIT(S)
Added by Laws 1999, p. 1065.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Interception and Disclosure of Wire and Radio Communications or Private Conversations
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.610
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Interception and Disclosure of Wire and Radio Communications or Private Conversations (Refs & Annos)
200.610. Definitions
As used in NRS 200.610 to 200.690, inclusive:
1. “Person” includes public officials and law enforcement officers of the State and of a county or municipality or other political subdivision of the State.
2. “Wire communication” means the transmission of writing, signs, signals, pictures and sounds of all kinds by wire, cable, or other similar connection between the points of origin and reception of such transmission, including all facilities and services incidental to such transmission, which facilities and services include, among other things, the receipt, forwarding and delivering of communications.
3. “Radio communication” means the transmission of writing, signs, signals, pictures, and sounds of all kinds by radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services include, among other things, the receipt, forwarding and delivering of communications. The term does not include the transmission of writing, signs, signals, pictures and sounds broadcast by amateurs or public or municipal agencies of the State of Nevada, or by others for the use of the general public.
CREDIT(S)
Added by Laws 1957, p. 334. Amended by Laws 1985, p. 512.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.620
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Interception and Disclosure of Wire and Radio Communications or Private Conversations (Refs & Annos)
200.620. Interception and attempted interception of wire communication prohibited; exceptions
1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, 209.419 and 704.195, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:
(a) The interception or attempted interception is made with the prior consent of one of the parties to the communication; and
(b) An emergency situation exists and it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, before the interception, in which event the interception is subject to the requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that:
(1) The communication was intercepted; and
(2) Upon application to the court, ratification of the interception was denied.
2. This section does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for wire communication where the interception or attempted interception is to construct, maintain, conduct or operate the service or facilities of that person.
3. Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written application to a justice of the Supreme Court or district judge for ratification of the interception. The interception must not be ratified unless the applicant shows that:
(a) An emergency situation existed and it was impractical to obtain a court order before the interception; and
(b) Except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.
4. NRS 200.610 to 200.690, inclusive, do not prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on wire communications installed in the office of an official law enforcement or fire-fighting agency, or a public utility, if the equipment used for the recording is installed in a facility for wire communications or on a telephone with a number listed in a directory, on which emergency calls or requests by a person for response by the law enforcement or fire-fighting agency or public utility are likely to be received. In addition, those sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or fire-fighting agency or public utility from such a facility or telephone in connection with responding to the original call or request, if the agency or public utility informs the other party that the conversation is being recorded.
CREDIT(S)
Added by Laws 1957, p. 334. Amended by Laws 1973, p. 1748; Laws 1975, p. 747; Laws 1983, pp. 120, 681; Laws 1989, p. 659.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.630
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Interception and Disclosure of Wire and Radio Communications or Private Conversations (Refs & Annos)
200.630. Disclosure of existence, content or substance of wire or radio communication prohibited; exceptions
1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not disclose the existence, content, substance, purport, effect or meaning of any wire or radio communication to any person unless authorized to do so by either the sender or receiver.
2. This section does not apply to any person, or the officers, employees or agents of any person, engaged in furnishing service or facilities for wire or radio communication where the disclosure is made:
(a) For the purpose of construction, maintenance, conduct or operation of the service or facilities of such a person;
(b) To the intended receiver or his or her agent or attorney;
(c) In response to a subpoena issued by a court of competent jurisdiction; or
(d) On written demand of other lawful authority.
CREDIT(S)
Added by Laws 1957, p. 334. Amended by Laws 1973, p. 1749; Laws 1989, p. 660.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.640
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Interception and Disclosure of Wire and Radio Communications or Private Conversations (Refs & Annos)
200.640. Unauthorized connection with facilities prohibited
Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 200.620, a person shall not make any connection, either physically or by induction, with the wire or radio communication facilities of any person engaged in the business of providing service and facilities for communication unless the connection is authorized by the person providing the service and facilities.
CREDIT(S)
Added by Laws 1957, p. 335. Amended by Laws 1973, p. 1749; Laws 1981, p. 1561.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.650
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Interception and Disclosure of Wire and Radio Communications or Private Conversations (Refs & Annos)
200.650. Unauthorized, surreptitious intrusion of privacy by listening device prohibited
Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by the other persons, or disclose the existence, content, substance, purport, effect or meaning of any conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.
CREDIT(S)
Added by Laws 1957, p. 335. Amended by Laws 1973, p. 1749; Laws 1989, p. 660.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.690
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Interception and Disclosure of Wire and Radio Communications or Private Conversations (Refs & Annos)
200.690. Penalties
1. A person who willfully and knowingly violates NRS 200.620 to 200.650, inclusive:
(a) Shall be punished for a category D felony as provided in NRS 193.130.
(b) Is liable to a person whose wire or oral communication is intercepted without his or her consent for:
(1) Actual damages or liquidated damages of $100 per day of violation but not less than $1,000, whichever is greater;
(2) Punitive damages; and
(3) His or her costs reasonably incurred in the action, including a reasonable attorney's fee,
all of which may be recovered by civil action.
2. A good faith reliance by a public utility on a written request for interception by one party to a conversation is a complete defense to any civil or criminal action brought against the public utility on account of the interception.
CREDIT(S)
Added by Laws 1957, p. 336. Amended by Laws 1967, p. 474; Laws 1973, p. 1749; Laws 1995, p. 1195.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 200, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person
Pornography Involving Minors
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.700
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.700. Definitions
As used in NRS 200.700 to 200.760, inclusive, unless the context otherwise requires:
1. “Performance” means any play, film, photograph, computer-generated image, electronic representation, dance or other visual presentation.
2. “Promote” means to produce, direct, procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise or possess for the purpose of distribution.
3. “Sexual conduct” means sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a person's body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
4. “Sexual portrayal” means the depiction of a person in a manner which appeals to the prurient interest in sex and which does not have serious literary, artistic, political or scientific value.
CREDIT(S)
Added by Laws 1983, p. 814. Amended by Laws 1995, p. 950; Laws 2009, c. 471, § 2.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.710
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.710. Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance
1. A person who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750.
2. A person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750, regardless of whether the minor is aware that the sexual portrayal is part of a performance.
CREDIT(S)
Added by Laws 1979, p. 437. Amended by Laws 1983, p. 815. Substituted in 1983 revision by NRS 200.509. Amended by Laws 1995, pp. 951, 1196, 1337.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.720
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.720. Promotion of sexual performance of minor unlawful
A person who knowingly promotes a performance of a minor:
1. Where the minor engages in or simulates, or assists others to engage in or simulate, sexual conduct; or
2. Where the minor is the subject of a sexual portrayal,
is guilty of a category A felony and shall be punished as provided in NRS 200.750.
CREDIT(S)
Added by Laws 1983, p. 814. Amended by Laws 1995, pp. 951, 1196, 1337.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.725
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.725. Preparing, advertising or distributing materials depicting pornography involving minor unlawful; penalty
A person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, or by a fine of not more than $15,000, or by both fine and imprisonment.
CREDIT(S)
Added by Laws 1995, p. 950. Amended by Laws 1995, p. 1337.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.727
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.727. Use of Internet to control visual presentation depicting sexual conduct of person under 16 years of age; penalties
1. 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:
(a) For the first offense, a category C felony and shall be punished as provided in NRS 193.130.
(b) For any subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. As used in this section, “sexual conduct” means sexual intercourse, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
CREDIT(S)
Added by Laws 2009, c. 471, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.730
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.730. Possession of visual presentation depicting sexual conduct of person under 16 years of age unlawful; penalties
A person who knowingly and willfully has in his or her possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct:
1. For the first offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. For any subsequent offense, is guilty of a category A felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $5,000.
CREDIT(S)
Added by Laws 1983, p. 814. Amended by Laws 1985, p. 1412; Laws 1987, p. 846; Laws 1995, pp. 951, 1196, 1337; Laws 2005, c. 507, § 29, eff. July 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.735
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.735. Exemption for purposes of law enforcement
The provisions of NRS 200.710 to 200.730, inclusive, do not apply to law enforcement personnel during the investigation or prosecution of a violation of the provisions of NRS 200.710 to 200.730, inclusive.
CREDIT(S)
Added by Laws 1995, p. 950.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.737
Effective: July 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.737. Use of electronic communication device by minor to possess, transmit or distribute sexual images of minor; penalties
1. A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of himself or herself to another person.
2. A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of another minor who is older than, the same age as or not more than 4 years younger than the minor transmitting the sexual image.
3. A minor shall not knowingly and willfully possess a sexual image that was transmitted or distributed as described in subsection 1 or 2 if the minor who is the subject of the sexual image is older than, the same age as or not more than 4 years younger than the minor who possesses the sexual image. It is an affirmative defense to a violation charged pursuant to this subsection if the minor who possesses a sexual image:
(a) Did not knowingly purchase, procure, solicit or request the sexual image or take any other action to cause the sexual image to come into his or her possession; and
(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency or a school official, to access any sexual image:
(1) Took reasonable steps to destroy each image; or
(2) Reported the matter to a law enforcement agency or a school official and gave the law enforcement agency or school official access to each image.
4. A minor who violates subsection 1:
(a) For the first violation:
(1) Is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and
(2) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.
(b) For the second or a subsequent violation:
(1) Commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult; and
(2) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.
5. A minor who violates subsection 2:
(a) Commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult; and
(b) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.
6. A minor who violates subsection 3:
(a) Is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and
(b) Is not considered a sex offender or juvenile sex offender and is not subject to registration or community notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.
7. As used in this section:
(a) “Electronic communication device” means any electronic device that is capable of transmitting or distributing a sexual image, including, without limitation, a cellular phone, personal digital assistant, computer, computer network and computer system.
(b) “Minor” means a person who is under 18 years of age.
(c) “School official”means a principal, vice principal, school counselor or school police officer.
(d) “Sexual conduct” has the meaning ascribed to it in NRS 200.700.
(e) “Sexual image” means any visual depiction, including, without limitation, any photograph or video, of a minor simulating or engaging in sexual conduct or of a minor as the subject of a sexual portrayal.
(f) “Sexual portrayal” has the meaning ascribed to it in NRS 200.700.
CREDIT(S)
Added by Laws 2011, c. 245, § 1, eff. July 1, 2011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.740
Effective: July 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.740. Determination by court or jury of whether person was minor
For the purposes of NRS 200.710 to 200.737, inclusive, to determine whether a person was a minor, the court or jury may:
1. Inspect the person in question;
2. View the performance;
3. Consider the opinion of a witness to the performance regarding the person's age;
4. Consider the opinion of a medical expert who viewed the performance; or
5. Use any other method authorized by the rules of evidence at common law.
CREDIT(S)
Added by Laws 1983, p. 814. Amended by Laws 1995, p. 951; Laws 2011, c. 245, § 2, eff. July 1, 2011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.750
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.750. Penalties
A person punishable pursuant to NRS 200.710 or 200.720 shall be punished for a category A felony by imprisonment in the state prison:
1. If the minor is 14 years of age or older, for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and shall be further punished by a fine of not more than $100,000.
2. If the minor is less than 14 years of age, for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and shall be further punished by a fine of not more than $100,000.
CREDIT(S)
Added by Laws 1983, p. 815. Amended by Laws 1995, p. 1196; Laws 1997, p. 1721; Laws 2005, c. 507, § 30, eff. July 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 200.760
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 200. Crimes Against the Person (Refs & Annos)
Pornography Involving Minors (Refs & Annos)
200.760. Forfeiture
All assets derived from or relating to any violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230 are subject to forfeiture. A proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.119, inclusive.
CREDIT(S)
Added by Laws 1983, p. 815. Amended by Laws 1985, pp. 639, 1468; Laws 1987, p. 1384; Laws 1995, p. 951.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 201, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 201, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals
Nonsupport of Spouse, Former Spouse or Child
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.015
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.015. “Minor child” defined
For the purposes of NRS 201.015 to 201.080, inclusive, “minor child” means a person who has not reached the age of majority as provided in NRS 129.010 and has not been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive.
CREDIT(S)
Added by Laws 1965, p. 1440. Amended by Laws 1987, p. 1282; Laws 1999, p. 3568.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.020. Penalties; jurisdiction
1. Except as otherwise provided in subsection 2, a person who knowingly fails to provide for the support of his or her:
(a) Spouse or former spouse;
(b) Minor child; or
(c) Child who upon arriving at the age of majority is unable to provide support for himself or herself because of infirmity, incompetency or other legal disability that was contracted before the child reached the age of majority,
as ordered by a court, is guilty of a misdemeanor.
2. A person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130 if:
(a) The person’s arrearages for nonpayment of the child support or spousal support ordered by a court total $10,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support; or
(b) It is a second or subsequent violation of subsection 1 or an offense committed in another jurisdiction that, if committed in this State, would be a violation of subsection 1, and the person’s arrearages for nonpayment of the child support or spousal support ordered by a court total $5,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support.
3. A prosecution for a violation of subsection 1 may be brought in a court of competent jurisdiction in any county in which:
(a) A court has issued a valid order for the defendant to pay child support or spousal support;
(b) The defendant resides;
(c) The custodial parent or custodian of the child for whom the defendant owes child support resides;
(d) The spouse or former spouse to whom the defendant owes spousal support resides; or
(e) The child for whom the defendant owes child support resides.
CREDIT(S)
Amended by Laws 1965, p. 1440; Laws 1967, p. 474; Laws 1969, p. 271; Laws 1979, p. 1284; Laws 1983, p. 1878; Laws 1995, p. 1196; Laws 1999, pp. 1208, 3568; Laws 2001, c. 10, § 137, eff. April 2, 2001.
Formerly section 1 of chapter 170 of Laws 1923; NCL (1929), § 10516.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.025
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.025. Repealed
CREDIT(S)
Repealed by Laws 1999, c. 638, § 7.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.030
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.030. Institution of proceedings: Verified complaint
Proceedings under NRS 201.015 to 201.080, inclusive, may be instituted upon complaint made under oath or affirmation by the spouse or child or children, or by any other person, including the district attorney, against any person guilty of an offense named in NRS 201.020.
CREDIT(S)
Amended by Laws 1969, p. 589; Laws 1985, p. 64; Laws 1999, p. 3570.
Formerly section 2 of chapter 170 of Laws 1923; NCL (1929), § 10517.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.040, 201.050. Repealed
CREDIT(S)
Repealed by Laws 1999, c. 638, § 7.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.050
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.040, 201.050. Repealed
CREDIT(S)
Repealed by Laws 1999, c. 638, § 7.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.051
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.051. Affirmative defense: Notice of intent to claim; notice of rebuttal witnesses; notice of provisions of section
1. Except as otherwise provided in this section, in a prosecution for a violation of NRS 201.020, the defendant may claim as an affirmative defense that he or she was unable to provide the child support or spousal support ordered by a court.
2. In addition to the written notice required by NRS 174.234, a defendant who intends to offer the affirmative defense described in subsection 1 shall, not less than 20 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of his or her intent to claim the affirmative defense. The written notice must include:
(a) The specific affirmative defense that the defendant is asserting; and
(b) The name and last known address of each witness by whom the defendant proposes to establish the affirmative defense.
3. Not later than 10 days after receiving the written notice set forth in subsection 2 or at such other time as the court directs, the prosecuting attorney shall file and serve upon the defendant a written notice that includes the name and last known address of each witness the prosecuting attorney proposes to offer in rebuttal at trial to discredit the affirmative defense claimed by the defendant.
4. Each party has a continuing duty to file and serve upon the opposing party any change in the last known address of any witness that the party proposes to offer to establish or discredit the affirmative defense described in subsection 1.
5. Each party has a continuing duty to disclose promptly the names and last known addresses of any additional witnesses which come to the attention of that party and which that party proposes to offer to establish or discredit the affirmative defense described in subsection 1.
6. If the defendant or prosecuting attorney fails to comply with the requirements set forth in this section, in addition to any sanctions or protective orders otherwise provided in chapter 174 of NRS, the court may grant a continuance to permit the opposing party time to prepare.
7. A prosecuting attorney shall provide notice of the requirements of this section to a defendant when a complaint is served upon the defendant for a violation of NRS 201.020.
8. For the purposes of this section, a defendant is not “unable to provide the child support or spousal support ordered by a court” if, during the period that the defendant was obligated to provide and failed to provide child support or spousal support, the defendant was:
(a) Voluntarily unemployed or underemployed without good cause or to avoid payment of child support or spousal support, including, without limitation, not using reasonable diligence to secure sufficient employment; or
(b) Unable to pay the child support or spousal support ordered by a court because of excessive spending, indebtedness or other legal obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.
CREDIT(S)
Added by Laws 1999, p. 3567.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.060
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.060. Repealed
CREDIT(S)
Repealed by Laws 1999, c. 638, § 7.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.070
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.070. Evidence; husband and wife competent witnesses
1. No other or greater evidence is required to prove the marriage of the husband and wife, or that the defendant is the father or mother of the child or children, than is required to prove such facts in a civil action.
2. In no prosecution under NRS 201.015 to 201.080, inclusive, does any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife are competent witnesses to testify against each other to any and all relevant matters, including the fact of the marriage and the parentage of any child or children, but neither may be compelled to give evidence incriminating himself or herself.
3. Proof of the failure of the defendant to provide for the support of the spouse, child or children, is prima facie evidence that such failure was knowing.
CREDIT(S)
Amended by Laws 1985, p. 64; Laws 1999, p. 3570.
Formerly section 6 of chapter 170 of Laws 1923; NCL (1929), § 10521.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.080
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Nonsupport of Spouse, Former Spouse or Child (Refs & Annos)
201.080. Uniformity of interpretation
NRS 201.015 to 201.080, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
CREDIT(S)
Formerly section 7 of chapter 170 of Laws 1923; NCL (1929), § 10522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 201, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals
Paternity Fraud
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.085
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Paternity Fraud (Refs & Annos)
201.085. Definition; penalty
1. A person is guilty of paternity fraud if the person:
(a) Is ordered by a court to submit, or agrees to submit, to a test for genetic identification to determine the paternity of a child and knowingly assists, aids, abets, solicits or conspires with another person to have someone other than himself submit to the test for the purpose of preventing a determination that he is the father of the child;
(b) Submits to a test for genetic identification to determine the paternity of a child in place of the person who has been ordered to submit, or who has agreed to submit, to a test for genetic identification to determine the paternity of a child for the purpose of preventing a determination that the person for whom he is taking the test is the father of the child; or
(c) Knowingly assists, aids, abets, solicits or conspires with another person:
(1) To commit a violation of paragraph (a) or (b); or
(2) To render inaccurate the results of a test for genetic identification to determine the paternity of a child.
2. A person who violates this section is guilty of a gross misdemeanor.
CREDIT(S)
Added by Laws 2007, c. 277, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 201, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals
Contributory Delinquency and Neglect of Children
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.090
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Contributory Delinquency and Neglect of Children (Refs & Annos)
201.090. “Neglected child,” “delinquent child” and “child in need of supervision” defined
As used in NRS 201.100 and 201.110, unless the context otherwise requires, a “neglected child,” “delinquent child” or “child in need of supervision” means any person less than 18 years of age:
1. Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.
2. Who has no parent or guardian, who has no parent or guardian willing to exercise or capable of exercising proper parental control, or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.
3. Who is destitute, or who is not provided with the necessities of life by his or her parents, and who has no other means of obtaining such necessities.
4. Whose home is an unfit place for the child, by reason of neglect, cruelty or depravity of either of his or her parents, or of his or her guardians or other person in whose custody or care the child is.
5. Who is found living in any house of ill fame, or with any disreputable person.
6. Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or no proper guardianship.
7. Who frequents the company of criminals, vagrants or prostitutes, or persons so reputed, or who is in any house of prostitution or assignation.
8. Who unlawfully visits a saloon where any spirituous, vinous or malt liquors are sold, bartered, exchanged or given away.
9. Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.
10. Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents, guardian or custodian, or who is beyond the control of such person.
11. Who is a habitual truant from school.
12. Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.
13. Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.
14. Who violates any law of this State or any ordinance of any town, city or county of this State defining crime.
Any child who is a runaway, unmanageable or a habitual truant is a child in need of supervision as that term is used in title 5 of NRS, and is not a delinquent child.
CREDIT(S)
Amended by Laws 1973, p. 1350; Laws 2003, c. 206, § 309, eff. Jan. 1, 2004.
Formerly section 1 of chapter 165 of Laws 1909 [part]; Laws 1911, p. 382; Laws 1921, p. 21; Laws 1955, p. 152.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.100
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Contributory Delinquency and Neglect of Children (Refs & Annos)
201.100. How offense may be termed
When the charge against any person under NRS 201.090, 201.100 and 201.110 concerns the neglect of a child or children, or the problems of a child in need of supervision, the offense, for convenience, may be termed “contributory neglect,” and when it concerns the delinquency of a child or children, for convenience it may be termed “contributory delinquency.”
CREDIT(S)
Amended by Laws 1973, p. 1351.
Formerly section 1 of chapter 165 of Laws 1909 [part]; Laws 1911, p. 382; Laws 1921, p. 21; Laws 1955, p. 152.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.110
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Contributory Delinquency and Neglect of Children (Refs & Annos)
201.110. Definition; penalties; exception
1. Except as otherwise provided in this section, any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, 201.100 and 201.110 or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, is guilty of contributory neglect or contributory delinquency. Contributory neglect or contributory delinquency is a misdemeanor.
2. A person does not commit a violation of subsection 1 by virtue of the sole fact that the person delivers or induces the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
CREDIT(S)
Amended by Laws 1967, p. 474; Laws 1973, p. 1351; Laws 2001, c. 276, § 15, eff. May 31, 2001.
Formerly section 1 of chapter 165 of Laws 1909 [part]; Laws 1911, p. 382; Laws 1921, p. 21; Laws 1955, p. 152.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.120
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Abortions; Concealing Birth
201.120. Abortion: Definition; penalty
A person who:
1. Prescribes, supplies or administers to a woman, whether pregnant or not, or advises or causes her to take any medicine, drug or substance; or
2. Uses or causes to be used, any instrument or other means,
to terminate a pregnancy, unless done pursuant to the provisions of NRS 442.250, or by a woman upon herself upon the advice of a physician acting pursuant to the provisions of NRS 442.250, is guilty of abortion which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1967, p. 475; Laws 1973, p. 1639; Laws 1979, p. 1428; Laws 1995, p. 1197.
Formerly C&P (1911), § 182, RL (1912), § 6447; NCL (1929), § 10129.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.130
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Abortions; Concealing Birth
201.130. Selling drugs to produce miscarriage; penalty
Every person who shall manufacture, sell or give away any instrument, drug, medicine or other substance, knowing or intending that the same may be unlawfully used in procuring the miscarriage of a woman, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 183; RL (1912), § 6448; NCL (1929), § 10130.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.140
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Abortions; Concealing Birth
201.140. Evidence
In any prosecution for abortion, attempting abortion, or selling drugs unlawfully, no person shall be excused from testifying as a witness on the ground that the testimony would tend to incriminate him or her, but such testimony shall not be used against the person testifying in any criminal prosecution except for perjury in giving such testimony.
CREDIT(S)
Formerly C&P (1911), § 184; RL (1912), § 6449; NCL (1929), § 10131.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.150
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Abortions; Concealing Birth
201.150. Concealing birth; penalty
Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 185; RL (1912), § 6450; NCL (1929), § 10132.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.160
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor
201.160. Bigamy: Definition; penalty
1. Bigamy consists in the having of two wives or two husbands at one time, knowing that the former husband or wife is still alive.
2. If a married person marries any other person while the former husband or wife is alive, the person so offending is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. It is not necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but those marriages may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage has taken place without this State, cohabitation in this State after the second marriage constitutes the commission of the crime of bigamy.
4. This section does not extend:
(a) To a person whose husband or wife has been continually absent from that person for the space of 5 years before the second marriage, if he or she did not know the husband or wife to be living within that time.
(b) To a person who is, at the time of the second marriage, divorced by lawful authority from the bonds of the former marriage, or to a person where the former marriage has been by lawful authority declared void.
CREDIT(S)
Amended by Laws 1967, p. 475; Laws 1979, p. 1428; Laws 1995, p. 1197.
Formerly C&P (1911), § 191; RL (1912), § 6456; NCL (1929), § 10138.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.170
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor
201.170. Marrying person already married; penalty
If a person, being unmarried, knowingly marries the husband or wife of another, that person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 475; Laws 1979, p. 1429; Laws 1995, p. 1198.
Formerly C&P (1911), § 192; RL (1912), § 6457; NCL (1929), § 10139.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.180
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor
201.180. Incest: Definition; penalty
Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void who intermarry with each other or who commit fornication or adultery with each other shall be punished for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1979, p. 1429; Laws 1995, p. 1198; Laws 2005, c. 507, § 31, eff. July 1, 2005.
Formerly C&P (1911), § 193; RL (1912), § 6458; NCL (1929), § 10140.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.190
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor
201.190. Commission of certain sexual acts in public: Definition; penalty
Except as otherwise provided in NRS 200.366 and 201.230, a person of full age who commits anal intercourse, cunnilingus or fellatio in public is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1963, p. 62; Laws 1967, p. 475; Laws 1973, pp. 95, 254; Laws 1977, pp. 866, 1632; Laws 1993, p. 515; Laws 1995, p. 1198.
Formerly C&P (1911), § 194; Laws 1951, p. 524.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.195
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Bigamy, Incest, Sexual Acts in Public and Crime Against Nature Involving Minor
201.195. Solicitation of minor to engage in acts constituting crime against nature; penalties
1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result and:
(1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.
(2) The minor was 14 years of age or older, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.
2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
CREDIT(S)
Added by Laws 1979, p. 662. Amended by Laws 1989, p. 1511; Laws 1991, p. 1007; Laws 1993, p. 515; Laws 1995, p. 1198; Laws 1997, pp. 1721, 2500, 3187; Laws 1999, pp. 470, 472; Laws 2005, c. 507, § 32, eff. July 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.205
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Intentional Transmission of Human Immunodeficiency Virus
201.205. Penalty; affirmative defense
1. A person who, after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving actual notice of that fact, intentionally, knowingly or willfully engages in conduct in a manner that is intended or likely to transmit the disease to another person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. It is an affirmative defense to an offense charged pursuant to subsection 1 that the person who was subject to exposure to the human immunodeficiency virus as a result of the prohibited conduct:
(a) Knew the defendant was infected with the human immunodeficiency virus;
(b) Knew the conduct could result in exposure to the human immunodeficiency virus; and
(c) Consented to engage in the conduct with that knowledge.
CREDIT(S)
Added by Laws 1993, p. 1943. Amended by Laws 1995, p. 1199.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.210
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Lewdness and Indecent Exposure
201.210. Open or gross lewdness; penalty
1. A person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.
CREDIT(S)
Amended by Laws 1963, p. 63; Laws 1965, p. 1465; Laws 1967, p. 476; Laws 1973, pp. 95, 255, 1406; Laws 1977, p. 866; Laws 1979, p. 1429; Laws 1983, p. 206; Laws 1991, p. 1008; Laws 1995, pp. 127, 1199, 1327; Laws 1997, pp. 2501, 3188.
Formerly C&P (1911), § 195 [part]; Laws 1921, p. 112; NCL (1929), § 10142.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.220
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Lewdness and Indecent Exposure
201.220. Indecent or obscene exposure; penalty
1. A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.
CREDIT(S)
Amended by Laws 1965, p. 1465; Laws 1967, p. 476; Laws 1973, pp. 96, 255, 1406; Laws 1977, p. 867; Laws 1979, p. 1429; Laws 1983, p. 206; Laws 1991, p. 1008; Laws 1995, pp. 127, 1200, 1327; Laws 1997, pp. 2501, 3189.
Formerly C&P (1911), § 195 [part]; Laws 1921, p. 112; NCL (1929), § 10142.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.230
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Lewdness and Indecent Exposure
201.230. Lewdness with child under 14 years; penalties
1. A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.
2. Except as otherwise provided in subsection 3, a person who commits lewdness with a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.
3. A person who commits lewdness with a child and who has been previously convicted of:
(a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or
(b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,
is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.
4. For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 5 of NRS 200.366.
CREDIT(S)
Amended by Laws 1961, p. 92; Laws 1967, p. 477; Laws 1973, pp. 96, 255, 1406; Laws 1977, pp. 867, 1632; Laws 1979, p. 1430; Laws 1983, p. 207; Laws 1991, p. 1009; Laws 1995, p. 1200; Laws 1997, pp. 1722, 2502, 3190; Laws 1999, pp. 470, 472; Laws 2003, c. 461, § 2, eff. Oct. 1, 2003; Laws 2005, c. 507, § 33, eff. July 1, 2005.
Formerly
C&P (1911), § 195 1/
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.232
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Lewdness and Indecent Exposure
201.232. Breast feeding: Legislative intent; authorized in any public or private location where mother is authorized to be
1. The Legislature finds and declares that:
(a) The medical profession in the United States recommends that children from birth to the age of 1 year should be breast fed, unless under particular circumstances it is medically inadvisable.
(b) Despite the recommendation of the medical profession, statistics reveal a declining percentage of mothers who are choosing to breast feed their babies.
(c) Many new mothers are now choosing to use formula rather than to breast feed even before they leave the hospital, and only a small percentage of all mothers are still breast feeding when their babies are 6 months old.
(d) In addition to the benefit of improving bonding between mothers and their babies, breast feeding offers better nutrition, digestion and immunity for babies than does formula feeding, and it may increase the intelligence quotient of a child. Babies who are breast fed have lower rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrheal diseases, otitis media, allergies, obesity and developmental delays.
(e) Breast feeding also provides significant benefits to the health of the mother, including protection against breast cancer and other cancers, osteoporosis and infections of the urinary tract. The incidence of breast cancer in the United States might be reduced by 25 percent if every woman breast fed all her children until they reached the age of 2 years.
(f) The World Health Organization and the United Nations Children's Fund have established as one of their major goals for the decade the encouragement of breast feeding.
(g) The social constraints of modern society weigh against the choice of breast feeding and lead new mothers with demanding time schedules to opt for formula feeding to avoid embarrassment, social ostracism or criminal prosecution.
(h) Any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between a mother and her baby, and no mother should be made to feel incriminated or socially ostracized for breast feeding her child.
2. Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast feeding.
CREDIT(S)
Added by Laws 1995, p. 126.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 201, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals
Obscenity
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.235
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.235. Definitions
In NRS 201.235 to 201.254, inclusive, unless the context otherwise requires:
1. “Community” means the area from which a jury is or would be selected for the court in which the action is tried.
2. “Item” includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, phonograph record or tape recording, videotape or videodisc, with or without music, or other similar items.
3. “Material” means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
4. “Obscene” means any item, material or performance which:
(a) An average person applying contemporary community standards would find, taken as a whole, appeals to prurient interest;
(b) Taken as a whole lacks serious literary, artistic, political or scientific value; and
(c) Does one of the following:
(1) Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated.
(2) Depicts or describes in a patently offensive way masturbation, excretory functions, sadism or masochism.
(3) Lewdly exhibits the genitals.
Appeal shall be judged with reference to ordinary adults, unless it appears, from the character of the material or the circumstances of its dissemination, to be designed for children or a clearly defined deviant group.
5. “Performance” means any play, motion picture, dance or other exhibition performed before an audience.
CREDIT(S)
Amended by Laws 1963, p. 1171; Laws 1965, p. 584; Laws 1971, pp. 205, 493; Laws 1979, p. 364. Substituted in 1979 revision for NRS 201.250.
Formerly C&P (1911), § 196; Laws 1955, p. 907.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.237
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.237. Exemptions
The provisions of NRS 201.235 to 201.254, inclusive, do not apply to those universities, schools, museums or libraries which are operated by or are under the direct control of the State, or any political subdivision of the State, or to persons while acting as employees of such organizations.
CREDIT(S)
Added by Laws 1979, p. 363.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.239
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.239. Power of county, city or town to regulate obscenity
The provisions of NRS 201.235 to 201.254, inclusive, do not preclude any county, city or town from adopting an ordinance further regulating obscenity if its provisions do not conflict with these statutes.
CREDIT(S)
Added by Laws 1979, p. 364.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.241
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.241. Action to declare item or material obscene and obtain injunction
1. The district attorney or city attorney of any county or city, respectively, in which there is an item or material which the district attorney or city attorney believes to be obscene, may file a complaint in the district court seeking to have the item or material declared obscene and to enjoin the possessor and the owner from selling, renting, exhibiting, reproducing, manufacturing or distributing it and from possessing it for any purpose other than personal use.
2. In such an action, no temporary restraining order may be issued.
3. A trial on the merits must be held not earlier than 5 days after the answer is filed nor later than 35 days after the complaint is filed. The court shall render a decision within 2 days after the conclusion of the trial.
CREDIT(S)
Added by Laws 1979, p. 363. Amended by Laws 1981, p. 1688.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.243
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.243. Evidence probative of obscenity of material or item
In prosecutions under NRS 201.235 to 201.254, inclusive, evidence of circumstances of production, dissemination, sale or publicity of the material or item, which indicates it is being commercially exploited by the defendant for its prurient appeal, is probative of the obscenity of the material or item and can justify the conclusion that it is, taken as a whole, without serious literary, artistic, political or scientific value.
CREDIT(S)
Added by Laws 1979, p. 364.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.245
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.245. Surrender, seizure and destruction of obscene item or material; undertaking not required for injunction; defendant chargeable with knowledge of contents after service of summons and complaint
1. If a final judgment declaring an item or material obscene is entered against its owner or possessor, the judgment shall contain a provision directing the owner or possessor to surrender to the sheriff of the county in which the action was brought the item or material declared obscene and a direction to the sheriff to seize and destroy it.
2. In any action brought to declare an item or material obscene, the district attorney or city attorney bringing the action is not required to file an undertaking before an injunction is issued.
3. A sheriff directed to seize an obscene item or material is not liable for damages sustained by reason of the injunction in cases where judgment ultimately is rendered in favor of the person, firm, association or corporation sought to be enjoined.
4. Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any allegedly obscene item or material, after service upon the person, firm, association or corporation of a summons and complaint in an action brought to declare an item or material obscene is chargeable with knowledge of the contents of the item or material.
CREDIT(S)
Added by Laws 1979, p. 363.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.247
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.247. Payment to city or county of value received from sale of obscene materials after judgment or injunction
If a district court enters a judgment that an item or material is obscene and that item or material, or one substantially identical thereto, is sold after that judgment or injunction, the court shall order an accounting to determine the value of all money and other consideration received by the defendant which was derived from the obscene item or material after the court judged it to be obscene. The defendant shall pay a sum equivalent to that value into the general fund of the city or county which prosecuted the action.
CREDIT(S)
Added by Laws 1979, p. 364.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.249
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.249. Production, sale, distribution, exhibition and possession of obscene items or materials; penalty
Except as otherwise provided in NRS 201.237 and except under the circumstances described in NRS 200.720 or 200.725, a person is guilty of a misdemeanor who knowingly:
1. Prints, produces or reproduces any obscene item or material for sale or commercial distribution.
2. Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item or material, or offers to do any such things.
3. Has in his or her possession with intent to sell, rent, transport or commercially distribute any obscene item or material.
CREDIT(S)
Added by Laws 1979, p. 364. Amended by Laws 1995, p. 951.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.251
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.251. Coercing acceptance of obscene articles or publications; penalty
1. A person, firm, association or corporation shall not, as a condition to any sale, allocation, consignment or delivery for resale of any item or material, require that the purchaser or consignee receive for resale any other item or material which is obscene. A person, firm, association or corporation shall not deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, for the failure or refusal of any person to accept any obscene item or material or for the return thereof.
2. A person, firm, association or corporation who violates any provision of this section is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 1979, p. 364.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.253
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.253. Obscene, indecent or immoral shows, acts or performances; penalty
Except under the circumstances described in NRS 200.710, every person who knowingly causes to be performed or exhibited, or engages in the performance or exhibition of, any obscene, indecent or immoral show, act or performance is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 1967, p. 482. Amended by Laws 1995, p. 952.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.254
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscenity (Refs & Annos)
201.254. Exemption of stagehands and movie projectionists from criminal liability when possessing or exhibiting obscene material directly related to their work
A motion picture machine operator or a stagehand is not criminally liable for exhibiting or possessing with the intent to exhibit any obscene material if:
1. Such exhibition or possession is a part of the motion picture he or she is projecting or part of the stage show for which he or she is employed as a stagehand; and
2. The operator or stagehand has no financial interest, except wages, and no managerial responsibility in his or her place of employment.
CREDIT(S)
Added by Laws 1969, p. 352.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.255
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Obscene, Threatening or Annoying Telephone Calls
201.255. Penalties
1. Any person who willfully makes a telephone call and addresses any obscene language, representation or suggestion to or about any person receiving such call or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of the person’s family is guilty of a misdemeanor.
2. Every person who makes a telephone call with intent to annoy another is, whether or not conversation ensues from making the telephone call, guilty of a misdemeanor.
3. Any violation of subsections 1 and 2 is committed at the place at which the telephone call or calls were made and at the place where the telephone call or calls were received, and may be prosecuted at either place.
CREDIT(S)
Added by Laws 1967, p. 98. Amended by Laws 1971, p. 855.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 201, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals
Exhibition and Sale of Obscene Material to Minors
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.256
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.256. Definitions
As used in NRS 201.256 to 201.2655, inclusive, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, have the meanings ascribed to them in those sections.
CREDIT(S)
Added by Laws 1969, p. 513. Amended by Laws 1997, pp. 1314, 2662.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.2565
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.2565. “Distribute” defined
“Distribute” means to transfer possession with or without consideration.
CREDIT(S)
Added by Laws 1997, p. 2662.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.257
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.257. “Harmful to minors” defined
“Harmful to minors” means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and is without serious literary, artistic, political or scientific value.
CREDIT(S)
Added by Laws 1969, p. 513. Amended by Laws 1981, p. 1689.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.2581
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.2581. “Material” defined
“Material” means:
1. A book, pamphlet, magazine, newspaper, printed advertising or other printed or written material;
2. A motion picture, photograph, picture, drawing, statue, sculpture or other visual representation or image; or
3. A transcription, recording or live or recorded telephone message.
CREDIT(S)
Added by Laws 1997, p. 2662.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.259
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.259. “Minor” defined
“Minor” means any person under the age of 18 years, but as applied to the showing of a motion picture excludes any person employed on the premises where the motion picture is shown.
CREDIT(S)
Added by Laws 1969, p. 513.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.2595
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.2595. “Motion picture” defined
“Motion picture” means a film or a video recording, whether or not it has been rated appropriate for a particular audience, that is:
1. Placed on a videodisc or videotape; or
2. To be shown in a theater or on television,
and includes, without limitation, a cartoon or an animated film.
CREDIT(S)
Added by Laws 1997, p. 1314. Amended by Laws 1997, p. 2663.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.261
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.261. “Nudity” defined
“Nudity” means:
1. The showing of the human female breast with less than a fully opaque covering of any portion of the areola and nipple;
2. The showing of the human male or female genitals or pubic area with less than a fully opaque covering of any portion thereof; or
3. The depiction of the human male genitals in a discernible turgid state whether or not covered.
CREDIT(S)
Added by Laws 1969, p. 513. Amended by Laws 1999, p. 1360.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.262
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.262. “Sado-masochistic abuse” defined
“Sado-masochistic abuse” means:
1. Flagellation or torture practiced by or upon a person whether or not clad in undergarments, a mask or bizarre costume; or
2. The condition of being fettered, bound or otherwise physically restrained.
CREDIT(S)
Added by Laws 1969, p. 513. Amended by Laws 1981, p. 1689.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.263
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.263. “Sexual conduct” defined
“Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals or pubic area.
CREDIT(S)
Added by Laws 1969, p. 513.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.264
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.264. “Sexual excitement” defined
“Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.
CREDIT(S)
Added by Laws 1969, p. 513.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.265
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.265. Unlawful acts; penalty
Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560, a person is guilty of a misdemeanor if the person knowingly:
1. Distributes or causes to be distributed to a minor material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
2. Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access to examine material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
3. Sells to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is harmful to minors, unless the minor is accompanied by his or her parent, guardian or spouse.
4. Misrepresents that he or she is the parent, guardian or spouse of a minor for the purpose of:
(a) Distributing to the minor material that is harmful to minors; or
(b) Obtaining admission of the minor to any presentation of material that is harmful to minors.
5. Misrepresents his or her age as 18 or over for the purpose of obtaining:
(a) Material that is harmful to minors; or
(b) Admission to any presentation of material that is harmful to minors.
6. Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and
(b) Is labeled, in a prominent and conspicuous location, “Adults Only.”
CREDIT(S)
Added by Laws 1969, p. 513. Amended by Laws 1971, pp. 161, 495; Laws 1981, p. 1689; Laws 1995, p. 952; Laws 1997, pp. 1314, 2662; Laws 2003, c. 261, § 1, eff. May 28, 2003; Laws 2003, c. 58, § 2, eff. July 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.2655
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Exhibition and Sale of Obscene Material to Minors (Refs & Annos)
201.2655. Exemptions
The provisions of NRS 201.256 to 201.2655, inclusive, do not apply to:
1. A university, community college, school, museum or library which is operated by or which is under the direct control of this state or a political subdivision of this state; or
2. An employee or independent contractor of an institution listed in subsection 1, if the employee or independent contractor is acting within the scope of his or her employment or contractual relationship.
CREDIT(S)
Added by Laws 1997, p. 2662.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.270
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Crimes Against Religion
201.270. Disturbing religious meetings; penalty
Every person who shall willfully disturb, interrupt or disquiet any assemblage or congregation of people met for religious worship:
1. By noisy, rude or indecent behavior, profane discourse, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting;
2. By exhibiting shows or plays, or promoting any racing of animals, or gaming of any description, or engaging in any boisterous or noisy amusement;
3. By disturbing in any manner, without authority of law within 1 mile thereof, free passage along a highway to the place of such meeting, or by maliciously cutting or otherwise injuring or disturbing a conveyance or other property belonging to any person in attendance upon such meeting; or
4. By menacing, threatening or assaulting any person therein,
shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 213; RL (1912), § 6478; NCL (1929), § 10161. C&P (1911), § 332; RL (1912), § 6597; NCL (1929), § 10280.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.280
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Crimes Against Religion
201.280. Selling liquor at camp meetings; penalty
Every person who shall erect or keep a booth, tent, stall or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous or fermented liquors, or any drink of which wine, spirituous or fermented liquors form a part, within 1 mile of any camp or field meeting for religious worship, during the time of holding such meeting, is guilty of a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 477.
Formerly C&P (1911), § 333; RL (1912), § 6598; NCL (1929), § 10281.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.290
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Desecration of Flags
201.290. Penalty; exception
1. Any person who, in any manner, for exhibition or display, puts or causes to be placed any inscription, design, device, symbol, portrait, name, advertisement, words, character, marks or notice, or sets or places any goods, wares and merchandise whatever upon any flag or ensign of the United States, or state flag of this State, or ensign, evidently purporting to be either of the flags or ensign, or who in any manner appends, annexes, or affixes to any such flag or ensign any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who displays or exhibits or causes to be displayed or exhibited any flag or ensign, evidently purporting to be either of the flags, upon which shall in any manner be put, attached, annexed or affixed any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who publicly or willfully mutilates, tramples upon, or who tears down or willfully and maliciously removes while owned by others, or defames, slanders, or speaks evilly or in a contemptuous manner of or otherwise defaces or defiles any of the flags, or ensign, which are public or private property, shall be deemed guilty of a misdemeanor.
2. This section shall not apply to flags or ensigns the property of or used in the service of the United States or of this State, upon which inscriptions, names of actions, words, marks or symbols are placed pursuant to law or authorized regulations.
CREDIT(S)
Formerly C&P (1911), § 338; Laws 1919, p. 438; RL (1919), § 6603; NCL (1929), § 10286.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 201, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals
Pandering, Prostitution and Disorderly Houses
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.295
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.295. Definitions
As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:
1. “Adult” means a person 18 years of age or older.
2. “Child” means a person less than 18 years of age.
3. “Prostitute” means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
4. “Prostitution” means engaging in sexual conduct for a fee.
5. “Sexual conduct” means any of the acts enumerated in subsection 3.
CREDIT(S)
Added by Laws 1979, p. 302. Amended by Laws 1987, p. 2028; Laws 1997, p. 295; Laws 2009, c. 160, § 5.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.300
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.300. Pandering: Definition; penalties; exception
1. A person who:
(a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution;
(b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed;
(c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;
(d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of sexual intercourse;
(e) Takes or detains a person with the intent to compel the person by force, threats, menace or duress to marry him or her or any other person; or
(f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,
is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.
3. This section does not apply to the customer of a prostitute.
CREDIT(S)
Amended by Laws 1959, p. 7; Laws 1967, p. 477; Laws 1977, p. 1054; Laws 1979, p. 1430; Laws 1995, p. 1201; Laws 1997, p. 295.
Formerly section 1 of chapter 233 of Laws 1913; RL (1919), p. 3379; NCL (1929), § 10537.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.310
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.310. Pandering: Placing spouse in brothel; penalties
1. A person who by force, fraud, intimidation or threats, places, or procures any other person to place, his or her spouse in a house of prostitution or compels his or her spouse to lead a life of prostitution is guilty of pandering and shall be punished:
(a) Where physical force or the immediate threat of physical force is used upon the spouse, for a category C felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
2. Upon the trial of any offense mentioned in this section, either spouse is a competent witness for or against the other spouse, with or without the other's consent, and may be compelled so to testify.
CREDIT(S)
Amended by Laws 1967, p. 478; Laws 1979, pp. 302, 1431; Laws 1995, p. 1202.
Formerly section 2 of chapter 233 of Laws 1913; RL (1919), p. 3380; NCL (1929), § 10538.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.320
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.320. Living from earnings of prostitute; penalty
1. A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. Any such acceptance, receipt, levy or appropriation of money or valuable thing upon any proceedings or trial for violation of this section is presumptive evidence of lack of consideration.
CREDIT(S)
Amended by Laws 1967, p. 478; Laws 1979, p. 303; Laws 1995, p. 1202.
Formerly section 3 of chapter 233 of Laws 1913; RL (1919), p. 3380; NCL (1929), § 10539.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.330
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.330. Pandering: Detaining person in brothel because of debt; penalties
1. A person who attempts to detain another person in a disorderly house or house of prostitution because of any debt or debts the other person has contracted or is said to have contracted while living in the house is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.
CREDIT(S)
Amended by Laws 1967, p. 479; Laws 1979, pp. 303, 1431; Laws 1995, p. 1202; Laws 1997, p. 296.
Formerly section 4 of chapter 233 of Laws 1913; RL (1919), p. 3380; NCL (1929), § 10540.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.340
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.340. Pandering: Furnishing transportation; penalties
1. A person who knowingly transports or causes to be transported, by any means of conveyance, into, through or across this state, or who aids or assists in obtaining such transportation for a person with the intent to induce, persuade, encourage, inveigle, entice or compel that person to become a prostitute or to continue to engage in prostitution is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.
3. A person who violates subsection 1 may be prosecuted, indicted, tried and convicted in any county or city in or through which he or she transports or attempts to transport the person.
CREDIT(S)
Amended by Laws 1967, p. 479; Laws 1977, p. 1055; Laws 1979, p. 1432; Laws 1995, p. 1202; Laws 1997, p. 297.
Formerly section 5 of chapter 233 of Laws 1913; RL (1919), p. 3380; NCL (1929), § 10541.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.350
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.350. Venue for trial of offenses constituting pandering
It shall not be a defense to a prosecution for any of the acts prohibited in NRS 201.300 to 201.340, inclusive, that any part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been committed, and the offender tried and punished, in any county in which the prostitution was consummated, or any overt act in furtherance of the offense shall have been committed.
CREDIT(S)
Formerly section 6 of chapter 233 of Laws 1913; RL (1919), p. 3381; NCL (1929), § 10542.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.351
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.351. Forfeiture of assets derived from or relating to pandering child; temporary restraining order to preserve property subject to forfeiture; use of proceeds derived from forfeiture
1. All assets derived from or relating to any violation of NRS 201.300 to 201.340, inclusive, in which the victim of the offense is a child when the offense is committed are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.121, inclusive.
2. In any proceeding for forfeiture brought pursuant to NRS 179.1156 to 179.121, inclusive, the plaintiff may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to forfeiture pursuant to this section if:
(a) The forfeitable property is in the possession or control of the party against whom the order will be entered; and
(b) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.
3. A temporary restraining order which is issued without notice may be issued for not more than 10 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.
4. Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution which are designated to receive such distributions by the district attorney of the county.
CREDIT(S)
Added by Laws 2009, c. 160, § 2.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.352
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.352. Additional fine for pandering child and conspiring to pander child
1. If a person is convicted of a violation of any provision of NRS 201.300 to 201.340, inclusive, and the victim of the violation is a child who is:
(a) At least 14 years of age but less than 18 years of age when the offense is committed, the court may, in addition to the punishment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $100,000.
(b) Less than 14 years of age when the offense is committed, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000.
2. If a person is convicted of a violation of any provision of NRS 201.300 to 201.340, inclusive, the victim of the offense is a child when the offense is committed and the offense also involves a conspiracy to commit a violation of NRS 201.300 to 201.340, inclusive, the court may, in addition to the punishment prescribed by statute for the offense of a provision of NRS 201.300 to 201.340, inclusive, and any fine imposed pursuant to subsection 1, impose a fine of not more than $500,000.
3. The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
CREDIT(S)
Added by Laws 2009, c. 160, § 3.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.354
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.354. Engaging in prostitution or solicitation for prostitution: Penalty; exception
1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
2. Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.
3. A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1987, p. 2027. Amended by Laws 1991, p. 462; Laws 2009, c. 291, § 1.5.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.356
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.356. Test for exposure to human immunodeficiency virus required; payment of costs; notification of results of test
1. Any person who is arrested for a violation of NRS 201.354 must submit to a test, approved by regulation of the State Board of Health, to detect exposure to the human immunodeficiency virus. The State Board of Health shall not approve a test for use that does not provide the arresting law enforcement agency with the results of the test within 30 days after a person submits to the test. If the person is convicted of a violation of NRS 201.354, the person shall pay the sum of $100 for the cost of the test.
2. The person performing the test shall immediately transmit the results of the test to the arresting law enforcement agency. If the results of the test are negative, the agency shall inform the court of that fact. If the results of the test are positive, the agency shall upon receipt:
(a) Mail the results by certified mail, return receipt requested, to the person arrested at his or her last known address and place the returned receipt in the agency's file; or
(b) If the person arrested is in the custody of the agency, personally deliver the results to him or her and place an affidavit of service in the agency's file.
If before receiving the results pursuant to this subsection, the person arrested requests the agency to inform him or her of the results and the agency has received those results, the agency shall deliver the results to the person arrested, whether positive or negative, and place an affidavit of service in the agency's file.
3. The court shall, when the person arrested is arraigned, order the person to reappear before the court 45 days after the arraignment to determine whether the person has received the results of the test. The court shall inform the person that the failure to appear at the appointed time will result in the issuance of a bench warrant, unless the order is rescinded pursuant to this subsection. If the court is informed by the agency that the results of the person's test were negative, the court clerk shall rescind the order for reappearance and so notify the person. If, upon receiving notice from the agency that the results of the test were positive, the person notifies the court clerk in writing that he or she has received the results, the clerk shall inform the court and rescind the order for reappearance for that determination.
4. The court shall, upon the person's reappearance ordered pursuant to subsection 3, ask the person whether he or she has received the results of the test. If the person answers that he or she has received them, the court shall note the person’s answer in the court records. If the person answers that he or she has not received them, the court shall have the results delivered to the person and direct that an affidavit of service be placed in the agency's file.
5. If the person does not reappear as ordered and has not notified the court clerk of his or her receipt of the results of the test in the manner set forth in subsection 3, the court shall cause a bench warrant to be issued and that person arrested and brought before the court as upon contempt. The court shall also proceed in the manner set forth in subsection 4 to ensure that the person receives the results of the test.
CREDIT(S)
Added by Laws 1987, p. 2027. Amended by Laws 1989, p. 924.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.358
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.358. Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus: Penalty; definition
1. A person who:
(a) Violates NRS 201.354; or
(b) Works as a prostitute in a licensed house of prostitution,
after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving notice of that fact is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. As used in this section, “notice” means:
(a) Actual notice; or
(b) Notice received pursuant to NRS 201.356.
CREDIT(S)
Added by Laws 1987, p. 2027. Amended by Laws 1989, pp. 589, 925; Laws 1995, p. 1203.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.360
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.360. Placing person in house of prostitution; penalties
1. A person who:
(a) Places another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or her or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution;
(b) Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person's spouse;
(c) Gives, offers or promises any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person's will;
(d) Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor's being or remaining in any house of prostitution;
(e) Lives with or accepts any earnings of a common prostitute, or entices or solicits a person to go to a house of prostitution to engage in sexual conduct with a common prostitute;
(f) Decoys, entices, procures or in any manner induces a person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or
(g) Decoys, entices, procures or in any manner induces a person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,
is guilty of a felony.
2. A person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of physical force is used upon the other person, for a category C felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
CREDIT(S)
Amended by Laws 1967, p. 479; Laws 1979, pp. 303, 1432; Laws 1995, p. 1203.
Formerly C&P (1911), § 180; RL (1912), § 6445; NCL (1929), § 10127.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.380
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.380. Restriction on location of houses of ill fame; penalty
1. It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill fame, or to let or rent to any person whatever, for any length of time whatever, to be kept or used as a house of ill fame, or resort for the purposes of prostitution, any house, room or structure situated within 400 yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within 400 yards of any church, edifice, building or structure erected for and used for devotional services or religious worship in this state.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.
CREDIT(S)
Amended by Laws 1967, p. 480.
Formerly section 419 of chapter 63 of Laws 1947; NCL (1943)-1949 Supplement, § 6084.429. Section 420 of chapter 63 of Laws 1947; NCL (1943)-1949 Supplement, § 6084.430. C&P (1911), § 245; RL (1912), § 6510; NCL (1929), § 10193. C&P (1911), § 247; RL (1912), § 6512; NCL (1929), § 10195.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.390
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.390. Property on principal business streets not to be rented for purposes of prostitution; penalty
1. It is unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this state, for the purpose of prostitution or to make or use any entrance or exit way to any house of prostitution from the principal business street or thoroughfare of any of the towns of this state.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.
CREDIT(S)
Amended by Laws 1967, p. 481; Laws 1979, p. 304.
Formerly C&P (1911), § 246; RL (1912), § 6511; NCL (1929), § 10194. C&P (1911), § 247; RL (1912), § 6512; NCL (1929), § 10195.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.400
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.400. General reputation competent evidence
In the trial of all cases arising under the provisions of NRS 201.380 and 201.390, evidence of general reputation is competent evidence as to the question of the ill fame of any house alleged to be so kept, and to the question of the ill fame of any person.
CREDIT(S)
Amended by Laws 1979, p. 304.
Formerly C&P (1911), § 248; RL (1912), § 6513; NCL (1929), § 10196.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.410
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.410. Duties of sheriff and district attorney; failure to act; penalty
The district attorney and sheriff of each county in this state shall see that the provisions of NRS 201.380 are strictly enforced and carried into effect, and upon neglect so to do, they, or either of them, shall be deemed guilty of a misdemeanor in office and may be proceeded against by accusation as provided in chapter 283 of NRS.
CREDIT(S)
Formerly section 421 of chapter 63 of Laws 1947; NCL (1943)-1949 Supplement, § 6084.431.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.420
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.420. Keeping disorderly house; penalty
Any person who shall keep any disorderly house, or any house of public resort, by which the peace, comfort or decency of the immediate neighborhood, or of any family thereof, is habitually disturbed, or who shall keep any inn in a disorderly manner, is guilty of a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 481.
Formerly C&P (1911), § 219; RL (1912), § 6484; NCL (1929), § 10166.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.430
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.430. Unlawful advertising of prostitution; penalties
1. It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:
(a) In any public theater, on the public streets of any city or town, or on any public highway; or
(b) In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
2. It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
4. Any person, company, association or corporation violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
CREDIT(S)
Amended by Laws 1967, p. 481; Laws 1979, pp. 305, 604; Laws 1995, p. 2299.
Formerly section 1 of chapter 109 of Laws 1913; RL (1919), p. 3379; NCL (1929), § 10535.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.440
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Pandering, Prostitution and Disorderly Houses (Refs & Annos)
201.440. Unlawful to permit illegal advertising of houses of prostitution; penalties
1. In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation knowingly to allow any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his or her place of business.
2. Any person, company, association or corporation that violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
CREDIT(S)
Amended by Laws 1967, p. 481; Laws 1979, pp. 305, 605; Laws 1995, p. 2300.
Formerly section 2 of chapter 109 of Laws 1913; RL (1919), p. 3379; NCL (1929), § 10536.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.450
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Penetration of Dead Human Body
201.450. Unlawful act; penalty
1. A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and shall be further punished by a fine of not more than $20,000.
2. For the purposes of this section, “sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including, without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.
CREDIT(S)
Added by Laws 1983, p. 344. Amended by Laws 1991, p. 1010; Laws 1995, p. 1204; Laws 1997, pp. 2503, 3190; Laws 2005, c. 507, § 34, eff. July 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.460
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sale of Human Organ for Transplantation
201.460. Sale, acquisition, receipt or transfer for consideration of human organ for transplantation prohibited; penalty
1. A person shall not knowingly sell, acquire, receive or otherwise transfer for valuable consideration any human organ for use in human transplantation.
2. As used in this section:
(a) “Human organ” includes the human kidney, liver, heart, lung, bone marrow and any other part of the human body except blood.
(b) “Valuable consideration” does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control or storage of a human organ or the expenses of travel, housing and lost wages incurred by the donor in connection with the donation of a human organ.
3. Any person who violates this section is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 1987, p. 1498.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.470
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.470. Definitions
As used in NRS 201.470 to 201.550, inclusive, unless the context otherwise requires, the words and terms defined in NRS 201.480 to 201.530, inclusive, have the meanings ascribed to them in those sections.
CREDIT(S)
Added by Laws 1997, p. 2522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.480
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.480. “College” defined
“College” means a college or community college which is privately owned or which is part of the Nevada System of Higher Education.
CREDIT(S)
Added by Laws 1997, p. 2522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.490
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.490. “Private school” defined
“Private school” has the meaning ascribed to it in NRS 394.103.
CREDIT(S)
Added by Laws 1997, p. 2522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.500
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.500. “Public school” defined
“Public school” has the meaning ascribed to it in NRS 385.007.
CREDIT(S)
Added by Laws 1997, p. 2522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.510
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.510. “Sado-masochistic abuse” defined
“Sado-masochistic abuse” has the meaning ascribed to it in NRS 201.262.
CREDIT(S)
Added by Laws 1997, p. 2522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.520
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.520. “Sexual conduct” defined
“Sexual conduct” means:
1. Ordinary sexual intercourse;
2. Anal intercourse;
3. Fellatio, cunnilingus or other oral-genital contact;
4. Physical contact by a person with the unclothed genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person;
5. Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person;
6. Masturbation or the lewd exhibition of unclothed genitals; or
7. Sado-masochistic abuse.
CREDIT(S)
Added by Laws 1997, p. 2522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.530
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.530. “University” defined
“University” means a university which is privately owned or which is part of the Nevada System of Higher Education.
CREDIT(S)
Added by Laws 1997, p. 2522.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.540
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.540. Sexual conduct between certain employees of school or volunteers at school and pupil: Penalty; exception
1. Except as otherwise provided in subsection 4, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a public school or private school or volunteering in a position of authority at a public or private school; and
(c) Engages in sexual conduct with a pupil who is 16 or 17 years of age and who is enrolled in or attending the public school or private school at which the person is employed or volunteering,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. Except as otherwise provided in subsection 4, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a public school or private school or volunteering in a position of authority at a public or private school; and
(c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and who is enrolled in or attending the public school or private school at which the person is employed or volunteering,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3. For the purposes of subsections 1 and 2, a person shall be deemed to be employed in a position of authority by a public school or private school or deemed to be volunteering in a position of authority at a public or private school if the person is employed or volunteering as:
(a) A teacher or instructor;
(b) An administrator;
(c) A head or assistant coach; or
(d) A teacher's aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.
4. The provisions of this section do not apply to a person who is married to the pupil.
CREDIT(S)
Added by Laws 1997, p. 2522. Amended by Laws 2001, c. 137, § 2, eff. July 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.550
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Sexual Conduct with Pupils and Students
201.550. Sexual conduct between certain employees of college or university and student: Penalty; exception
1. Except as otherwise provided in subsection 3, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a college or university; and
(c) Engages in sexual conduct with a student who is 16 or 17 years of age and who is enrolled in or attending the college or university at which the person is employed,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a college or university if the person is employed as:
(a) A teacher, instructor or professor;
(b) An administrator; or
(c) A head or assistant coach.
3. The provisions of this section do not apply to a person who is married to the student.
CREDIT(S)
Added by Laws 1997, p. 2523.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.560
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Luring Children or Persons with Mental Illness
201.560. Definitions; exceptions; penalties
1. Except as otherwise provided in subsection 3, a person commits the crime of luring a child if the person knowingly contacts or communicates with or attempts to contact or communicate with:
(a) A child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from the child’s home or from any location known to the child’s parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:
(1) Without the express consent of the parent or guardian or other person legally responsible for the child; and
(2) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child; or
(b) Another person whom he or she believes to be a child who is less than 16 years of age and at least 5 years younger than he or she is, regardless of the actual age of that other person, with the intent to persuade or lure the person to engage in sexual conduct.
2. Except as otherwise provided in subsection 3, a person commits the crime of luring a person with mental illness if the person knowingly contacts or communicates with a person with mental illness with the intent to persuade, lure or transport the person with mental illness away from his or her home or from any location known to any person legally responsible for the person with mental illness to a place other than where the person with mental illness is located:
(a) For any purpose that a reasonable person under the circumstances would know would endanger the health, safety or welfare of the person with mental illness;
(b) Without the express consent of the person legally responsible for the person with mental illness; and
(c) With the intent to avoid the consent of the person legally responsible for the person with mental illness.
3. The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child, person believed to be a child or person with mental illness.
4. A person who violates or attempts to violate the provisions of this section through the use of a computer, system or network:
(a) With the intent to engage in sexual conduct with the child, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;
(b) By providing the child, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.
5. A person who violates or attempts to violate the provisions of this section in a manner other than through the use of a computer, system or network:
(a) With the intent to engage in sexual conduct with the child, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and may be further punished by a fine of not more than $10,000;
(b) By providing the child, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and may be further punished by a fine of not more than $10,000; or
(c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.
6. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Harmful to minors” has the meaning ascribed to it in NRS 201.257.
(c) “Material” means anything that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
(d) “Network” has the meaning ascribed to it in NRS 205.4745.
(e) “Person with mental illness” means a person who has any mental dysfunction leading to impaired ability to maintain himself or herself and to function effectively in his or her life situation without external support.
(f) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.
(g) “System” has the meaning ascribed to it in NRS 205.476.
CREDIT(S)
Added by Laws 2001, c. 560, § 4, eff. June 13, 2001. Amended by Laws 2003, c. 261, § 2, eff. May 28, 2003; Laws 2003, c. 58, § 3, eff. July 1, 2003; Laws 2007, c. 66, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 201.570
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 201. Crimes Against Public Decency and Good Morals (Refs & Annos)
Criminal Gang Recruitment
201.570. Definition; penalty
1. An adult commits the crime of criminal gang recruitment if the adult uses or threatens to use physical violence against a child or against another person, or causes or threatens to cause damage to the property of the child or the property of another person, with the specific intent to coerce, induce or solicit the child:
(a) To become a member of a criminal gang;
(b) To remain a member of a criminal gang and not withdraw or disassociate from the criminal gang; or
(c) To rejoin a criminal gang of which the child is no longer a member or from which the child has withdrawn or disassociated.
2. An adult who commits the crime of criminal gang recruitment is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) “Adult” means a person who is 18 years of age or older.
(b) “Child” means a person who is less than 18 years of age.
(c) “Criminal gang” has the meaning ascribed to it in NRS 193.168.
CREDIT(S)
Added by Laws 2009, c. 112, § 2.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 202, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.005
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
General Provisions
202.005. “Fugitive from justice” defined
As used in this chapter, unless the context otherwise requires, the term “fugitive from justice” means a person who has been found in this State after:
1. Being charged in another state with the commission of a felony and fleeing from that state to avoid prosecution for the felony; or
2. Fleeing from another state to avoid giving testimony in any criminal proceeding.
CREDIT(S)
Added by Laws 2009, c. 135, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.015
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.015. “Alcoholic beverage” defined
For the purposes of NRS 202.015 to 202.065, inclusive, “alcoholic beverage” means:
1. Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of 1 percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.
2. Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of 1 percent of alcohol by volume.
3. Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.
CREDIT(S)
Added by Laws 1987, p. 481. Amended by Laws 1991, p. 168; Laws 2001, c. 301, § 2, eff. Oct. 1, 2001; Laws 2005, c. 352, § 6, eff. June 10, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.020
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.020. Purchase, consumption or possession of alcoholic beverage by minor
1. Any person under 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.
2. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.
3. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.
4. For the purposes of this section, possession “in public” includes possession:
(a) On any street or highway;
(b) In any place open to the public; and
(c) In any private business establishment which is in effect open to the public.
5. The term does not include:
(a) Possession for an established religious purpose;
(b) Possession in the presence of the person's parent, spouse or legal guardian who is 21 years of age or older;
(c) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;
(d) Possession in private clubs or private establishments; or
(e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his or her lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.
CREDIT(S)
Amended by Laws 1967, p. 482; Laws 1987, p. 482.
Formerly section 1 of chapter 272 of Laws 1947; NCL (1943)-1949 Supplement, § 10594.02.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.030
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.030. Minor loitering in place where alcoholic beverages sold
Any person under 21 years of age who shall loiter or remain on the premises of any saloon where spirituous, malt or fermented liquors or wines are sold shall be punished by a fine of not more than $500. Nothing in this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or wines are served only in conjunction with regular meals and where dining tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or fermented liquors or wines are not sold by the drink for consumption on the premises.
CREDIT(S)
Amended by Laws 1967, p. 482.
Formerly section 1 of chapter 99 of Laws 1949; Laws 1955, p. 144.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.040
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.040. False representation by minor to obtain intoxicating liquor
Every minor who shall falsely represent himself or herself to be 21 years of age in order to obtain any intoxicating liquor shall be guilty of a misdemeanor.
CREDIT(S)
Formerly C&P (1911), § 241 [part]; Laws 1925, p. 212; NCL (1929), § 10188.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.055
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.055. Sale or furnishing of alcoholic beverage to minor; aiding minor to purchase or procure alcoholic beverage; policy to prevent minor from obtaining alcoholic beverage through use of Internet
1. Every person who knowingly:
(a) Sells, gives or otherwise furnishes an alcoholic beverage to any person under 21 years of age;
(b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age; or
(c) Furnishes, gives, or causes to be given any money or thing of value to any person under 21 years of age with the knowledge that the money or thing of value is to be used by the person under 21 years of age to purchase or procure any alcoholic beverage,
is guilty of a misdemeanor.
2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under 21 years of age.
3. Every person who sells, gives or otherwise furnishes alcoholic beverages through the use of the Internet shall adopt a policy to prevent a person under 21 years of age from obtaining an alcoholic beverage from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers the alcoholic beverages obtains the signature of a person who is over the age of 21 years when delivering the beverages and that the packaging or wrapping of the alcoholic beverages when they are shipped is clearly marked with words that describe the alcoholic beverages. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
CREDIT(S)
Added by Laws 1967, p. 482. Amended by Laws 1969, p. 22; Laws 1987, p. 482; Laws 2001, c. 560, § 6, eff. June 13, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.057
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.057. Using person who is less than 18 years of age to distribute material that includes offer for alcoholic beverages
1. Except as otherwise provided in subsection 2, it is unlawful for a person to employ, allow or use a person who is less than 18 years of age to distribute promotional materials that include an offer for alcoholic beverages for a business, including, without limitation, a gaming establishment, a saloon, a resort or a restaurant.
2. This section does not prohibit the employment of a person who is less than 18 years of age to distribute a publication that includes an advertisement for the sale of alcoholic beverages which is incident to the publication.
3. A person who violates subsection 1 is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 2001, c. 301, § 1, eff. Oct. 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.060
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.060. Saloonkeeper allowing minor to remain in establishment
Any proprietor, keeper or manager of a saloon or resort where spirituous, malt or fermented liquors or wines are sold, who shall, knowingly, allow or permit any person under the age of 21 years to remain therein shall be punished by a fine of not more than $500. Nothing in this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or wines are served only in conjunction with regular meals and where dining tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or fermented liquors or wines are not sold by the drink for consumption on the premises.
CREDIT(S)
Amended by Laws 1967, p. 483.
Formerly section 1 of chapter 152 of Laws 1911; Laws 1955, p. 85.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.065
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.065. Sale of alcoholic beverage containing more than 80 percent of alcohol by volume
1. A person shall not sell an alcoholic beverage containing more than 80 percent of alcohol by volume.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 1991, p. 168.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.067
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Alcoholic Beverages
202.067. Sale, offer for sale, purchase, possession or use of alcohol vaporizing device; use of brand name of alcoholic beverage in advertisement or promotion of alcohol vaporizing device
1. A person shall not:
(a) Sell or offer for sale, purchase, possess or use an alcohol vaporizing device; or
(b) Use the brand name of any alcoholic beverage in an advertisement or other promotion of an alcohol vaporizing device.
2. A person who violates any provision of subsection 1 is guilty of a misdemeanor.
3. As used in this section:
(a) “Alcohol vaporizing device” means a machine or other device which mixes liquor with pure oxygen or any other gas to produce a vaporized product which is consumed by inhalation.
(b) “Liquor” has the meaning ascribed to it in NRS 369.040.
CREDIT(S)
Added by Laws 2005, c. 352, § 5, eff. June 10, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.170
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.170. Willfully poisoning or adulterating food, water or medicine
A person who willfully mingles poison or any other harmful substance, including, but not limited to, glass or a razor blade, in any food, drink or medicine intended or prepared for the use of a human being, and a person who willfully poisons any spring, well or reservoir of water, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
CREDIT(S)
Amended by Laws 1967, p. 483; Laws 1971, p. 1060; Laws 1979, p. 1433; Laws 1995, p. 1204; Laws 1997, p. 519.
Formerly C&P (1911), § 276; RL (1912), § 6541; NCL (1929), § 10224.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.180
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.180. Deposit of unwholesome substance; carrying on business detrimental to public health on or near route of public travel; deposit of dead body of animal; burning stolen metallic wire
1. Every person who:
(a) Shall deposit, leave or keep, on or near a highway or route of public travel, on land or water, any unwholesome substance;
(b) Shall establish, maintain or carry on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is detrimental to the public health;
(c) Shall deposit or cast into any lake, creek or river, wholly or partly in this State, the offal from or the dead body of any animal; or
(d) Shall knowingly burn stolen metallic wire to remove insulation,
shall be guilty of a gross misdemeanor.
2. As used in this section, “stolen metallic wire” means metallic wire that has been taken unlawfully from or without the permission of the owner, whether or not the person who took the metallic wire is or has been prosecuted or convicted for taking the metallic wire.
CREDIT(S)
Amended by Laws 1999, p. 279.
Formerly C&P (1911), § 281; RL (1912), § 6546; NCL (1929), § 10229.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.185
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.185. Unlawful deposit of dead animal, dirt, garbage or rubbish on public highway
1. As used in this section:
(a) “Dead animals” means all dead animals or parts thereof, including condemned meats, not intended to be used as food.
(b) “Dirt” includes loose earth, ashes, manure from barns, stables, corrals and pens, offal from butcher houses and slaughterhouses, and all foul and filthy substances.
(c) “Garbage” includes solid or semisolid kitchen refuse subject to decay or putrefaction, and market waste of animal and vegetable matter which has been or was intended to be used as food for humans or animals.
(d) “Rubbish” means old tin and iron cans and containers, old wood and paper boxes, old metals, wire, rope, cordage, bottles, bags and bagging, rubber and rubber tires, paper, and all used or castoff articles or material, including old plaster, brick, cement, glass, and all old building material.
2. It shall be unlawful for any person to throw or deposit or cause to be thrown or deposited on any public highway within the State of Nevada, or within a distance of 1,000 feet from the center of any public highway, any dead animal, dirt, garbage or rubbish as defined in subsection 1.
3. Any person violating the provisions of this section shall be guilty of a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 571. Substituted in 1991 revision for NRS 405.220.
Formerly section 1 of chapter 178 of Laws 1925; NCL (1929), § 10554. Section 2 of chapter 178 of Laws 1925; NCL (1929), § 10555. Section 3 of chapter 178 of Laws 1925; NCL (1929), § 10556.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.200
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.200. Advertising goods and services to produce miscarriage
1. It shall be unlawful for any person:
(a) To advertise or publish, or cause to be advertised or published in a newspaper, pamphlet, handbill, book or otherwise, any medicine, nostrum, drug, substance, instrument or device to produce the miscarriage or premature delivery of a woman pregnant with child, or which purports to be, or is represented to be, productive of such miscarriage or premature delivery; or
(b) To advertise in any manner his or her services, aid, assistance or advice, or the services, assistance or advice of any other person, in the procurement of such miscarriage or premature delivery.
2. Every person who shall violate the provisions of subsection 1 shall be guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 483.
Formerly C&P (1911), § 187; RL (1912), § 6452; NCL (1929), § 10134. C&P (1911), § 188; RL (1912), § 6453; NCL (1929), § 10135.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.210
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.210. Publishing advertisement containing prohibited matter
The proprietor or proprietors and the manager or managers of any newspaper, periodical or other printed sheet published or printed within this state, which shall contain any advertisement prohibited by NRS 202.200, shall, for each publication of such advertisement, be guilty of a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 484.
Formerly C&P (1911), § 189; RL (1912), § 6454; NCL (1929), § 10136.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.220
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.220. Circulation of publications containing prohibited matter
Every person who shall knowingly sell, distribute, give away, or in any manner dispose of or exhibit to another person any newspaper, pamphlet, book, periodical, handbill, printed slip or writing, or cause the same to be so sold, distributed, disposed of, or exhibited, containing any advertisement prohibited in NRS 202.200, or containing any description or notice of, or reference to, or information concerning, or direction how or where to procure any medicine, drug, nostrum, substance, device, instrument or service, the advertisement of which is prohibited or declared to be unlawful, shall be guilty of a misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 484.
Formerly C&P (1911), § 190 [part]; RL (1912), § 6455; NCL (1929), § 10137.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.230
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.230. NRS 202.200, 202.210 and 202.220 not applicable to licensed physicians
Nothing in NRS 202.200, 202.210 and 202.220 shall be construed to interfere with or apply to legally licensed physicians in the legitimate practice of their profession.
CREDIT(S)
Amended by Laws 1967, p. 484.
Formerly C&P (1911), § 190 [part]; RL (1912), § 6455; NCL (1929), § 10137.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.240
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.240. Advertising treatment, cure or prevention of sexual disorders
1. It is unlawful for any person to publish or cause to be published, to deliver or distribute or cause to be delivered or distributed in any manner whatsoever, or to post, or display, or knowingly to permit to be posted, displayed, or to remain on any buildings, windows or outhouses, or premises or other surface owned or controlled by him or her in the State of Nevada, or to manufacture or sell, or knowingly to have displayed in or on any window or place where the same could be read by passers-by or the public, any advertisement, label, statement, print or writing which refers to any person or persons from whom, or to any means by which, or to any office or place at which may be obtained any treatment or cure of syphilis, gonorrhea, chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminal emissions, gleet, varicocele or self-abuse, whether described by such names, words, terms or phrases, or by any other names, words, terms or phrases, calculated or intended to convey to the reader the idea that any of the diseases, infirmities, disabilities, conditions or habits are meant or referred to, or which refers to any medicine, article, device or preparation that may be used for the treatment, cure or prevention of any of the diseases, infirmities, disabilities, conditions or habits mentioned in this section.
2. Any person violating any of the provisions of this section is guilty of a misdemeanor.
3. This section does not apply to publications, advertisements or notices of the United States Government, the State of Nevada or of any city or town or other political subdivision of the State of Nevada.
CREDIT(S)
Amended by Laws 1967, p. 484; Laws 1985, p. 513.
Formerly section 1 of chapter 221 of Laws 1921; NCL (1929), § 10531. Section 2 of chapter 221 of Laws 1921; NCL (1929), § 10532. Section 3 of chapter 221 of Laws 1921; NCL (1929), § 10533. Section 4 of chapter 221 of Laws 1921; NCL (1929), § 10534.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.245
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.245. Shoe-fitting device or machine using X-ray or radiation
1. A person shall not operate or maintain any shoe-fitting device or shoe-fitting machine which uses fluoroscopic, X-ray or radiation principles.
2. Any person violating the provisions of this section is guilty of a misdemeanor.
CREDIT(S)
Added by Laws 1960, p. 119. Amended by Laws 1985, p. 335.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.246
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.246. Dispensing of prescription glasses by unauthorized person
It is unlawful:
1. For a wholesale optical supplier or manufacturer to furnish, sell or dispense prescription glasses or lenses, pursuant to an individual prescription, to anyone other than a licensed optometrist, optician or physician. Such licensed optometrist, optician or physician shall dispense such glasses or lenses to the individual for whom the glasses were prescribed.
2. For a person responsible for industrial safety in any business establishment to dispense prescription glasses to the employees of such business establishment.
CREDIT(S)
Added by Laws 1967, p. 822.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.248
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Miscellaneous Crimes Concerning Public Health
202.248. Use or sale of liquid silicone
1. Except for use in the treatment of retinal detachment, it is unlawful for a person to:
(a) Inject any liquid silicone substance into the human body; or
(b) Sell or offer for sale in this state any liquid silicone substance for the purpose of injection into the human body.
2. A person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1975, p. 120. Amended by Laws 1979, p. 1433; Laws 1987, p. 203; Laws 1995, p. 1204.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2483
Effective: July 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Nevada Clean Indoor Air Act
202.2483. Smoking tobacco: Prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited.
1. Except as otherwise provided in subsection 3, smoking tobacco in any form is prohibited within indoor places of employment including, but not limited to, the following:
(a) Child care facilities;
(b) Movie theatres;
(c) Video arcades;
(d) Government buildings and public places;
(e) Malls and retail establishments;
(f) All areas of grocery stores; and
(g) All indoor areas within restaurants.
2. Without exception, smoking tobacco in any form is prohibited within school buildings and on school property.
3. Smoking tobacco is not prohibited in:
(a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;
(b) Completely enclosed areas within stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering;
(c) Age-restricted stand-alone bars, taverns and saloons;
(d) Strip clubs or brothels;
(e) Retail tobacco stores;
(f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
(1) Is not open to the public;
(2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and
(3) Involves the display of tobacco products; and
(g) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility.
4. A supervisor on duty or employee of an age-restricted standalone bar, tavern or saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under 21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or an area of a standalone bar, tavern or saloon where smoking is allowed pursuant to this section. A person who violates a provision of this section is guilty of a misdemeanor.
5. If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:
(a) For the first offense, $1,000.
(b) For a second or subsequent offense, $2,000.
6. In any prosecution or other proceeding for a violation of the provisions of subsection 4 or 5, it is no excuse for a supervisor, employee, age-restricted bar, tavern or saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation to plead that a supervisor or employee believed that the person who was permitted to loiter was 21 years of age or older.
7. In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.
8. Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local tobacco control measures that meet or exceed the minimum applicable standards set forth in this section.
9. “No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.
10. Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.
11. No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.
12. For the purposes of this section, the following terms have the following definitions:
(a) “Age-restricted stand-alone bar, tavern or saloon” means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which patrons under 21 years of age are prohibited at all times from entering the premises; and
(4) That must be located within:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use.
(b) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word ‘casino’ as part of its proper name.
(c) “Child care facility” has the meaning ascribed to it in NRS 441A.030.
(d) “Completely enclosed area” means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.
(e) “Government building” means any building or office space owned or occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;
(2) The State of Nevada and used for any public purpose; or
(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.
(f) “Health authority” has the meaning ascribed to it in NRS 202.2485.
(g) “Incidental food service or sales” means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.
(h) “Place of employment” means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.
(i) “Public places” means any enclosed areas to which the public is invited or in which the public is permitted.
(j) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
(k) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(l) “School building” means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
(m) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394. 103.
(n) “Stand-alone bar, tavern or saloon” means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section; and
(4) That must be housed in either:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.
(o) “Video arcade” has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.
13. Any statute or regulation inconsistent with this section is null and void.
14. The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.
CREDIT(S)
Added to NRS by 2006 initiative petition, Ballot Question No. 5, eff. Dec. 8, 2006. Amended by Laws 2009, c. 497, § 1.5, eff. Dec. 9, 2009; Laws 2011, c. 353, § 14, eff. July 1, 2011; Laws 2011, c. 515, §§ 1, 2, eff. June 17, 2011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2485
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.2485. Definitions
As used in NRS 202.2485 to 202.2497, inclusive:
1. “Distribute” includes furnishing, giving away or providing products made from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
2. “Health authority” means the district health officer in a district, or his or her designee, or, if none, the State Health Officer, or his or her designee.
CREDIT(S)
Added by Laws 1993, p. 2843. Amended by Laws 1995, p. 2603; Laws 2001, c. 560, § 7, eff. June 13, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.249
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.249. Smoking tobacco: Declaration of public policy; enforcement; imposition of more stringent restrictions
1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493, 202.24935 and 202.2494.
4. Except as otherwise provided in subsection 5, an agency, board, commission or political subdivision of this state, including, without limitation, any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.
5. A school district may, with respect to the property, buildings, facilities and vehicles of the school district, impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.
CREDIT(S)
Added by Laws 1975, p. 462. Amended by Laws 1991, p. 644; Laws 1993, p. 2843; Laws 1995, p. 2603; Laws 1999, p. 1692; Laws 2001, c. 560, § 8, eff. June 13, 2001; Laws 2003, c. 200, § 1, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2491
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.2491. Smoking tobacco: Unlawful in certain public places; posting signs; designation of areas for smoking
1. Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
(i) Video arcade.
2. The person in control of an area listed in paragraph (c), (d), (e) or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:
(1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and
(2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. As used in this section:
(a) “Child care facility” means an establishment operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.
(b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.
(c) “Public building” means any building or office space owned or occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System.
(2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) “School bus” has the meaning ascribed to it in NRS 483.160.
(e) “Video arcade” means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.
CREDIT(S)
Added by Laws 1975, p. 462. Amended by Laws 1977, pp. 649, 958; Laws 1985, p. 1755; Laws 1987, p. 428; Laws 1989, pp. 870, 1626; Laws 1991, pp. 591, 644, 1132, 1695; Laws 1993, pp. 363, 2227; Laws 1999, p. 1692; Laws 2001, c. 245, § 13, eff. May 30, 2001; Laws 2001 (17th ss), c. 14, § 81, eff. July 1, 2001; Laws 2003, c. 2, § 109, eff. March 5, 2003; Laws 2005, c. 135, § 1, eff. Oct. 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.24915
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.24915. Smoking tobacco: Allowed under certain circumstances in certain stores that are principally devoted to sale of food for human consumption off premises
1. A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:
(a) The entire interior public area of the store is 10,000 square feet or less; or
(b) The area:
(1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and
(2) Contains a method of ventilation which substantially removes smoke from the area.
2. Except as otherwise provided in subsection 3, until January 1, 2007, a store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if the store was constructed before October 1, 1999, or received final approval for construction before October 1, 1999. On or after January 1, 2007, such a store may allow smoking in that public area only if the area contains a method of ventilation which substantially removes smoke from the area.
3. If at any time before January 1, 2007, a store described in subsection 2 remodels 25 percent or more of the square footage of the entire public area within the store, the store may continue to allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodeling a method of ventilation which substantially removes smoke from the area.
4. For the purposes of this section, “partial wall” or “wall” may include, without limitation, one or more gaming devices, as defined in NRS 463.0155, if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.
CREDIT(S)
Added by Laws 1999, p. 1691. Amended by Laws 2003, c. 200, § 2, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2492
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.2492. Smoking tobacco: Penalty; issuance of citations
1. A person who violates NRS 202.2491 or 202.24915 is guilty of a misdemeanor.
2. In each health district, the district health officer shall, and, for areas of this state which are not within a health district, the State Health Officer shall, designate one or more of his or her employees to prepare, sign and serve written citations on persons accused of violating NRS 202.2491 or 202.24915. Such an employee:
(a) May exercise the authority to prepare, sign and serve those citations only within the geographical jurisdiction of the district or State Health Officer by which he or she is employed; and
(b) Shall comply with the provisions of NRS 171.1773.
CREDIT(S)
Added by Laws 1975, p. 463. Amended by Laws 1985, p. 250; Laws 1993, p. 2844; Laws 1999, p. 1694.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.24925
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.24925. Smoking tobacco: Civil penalty; Account for Health Education for Minors created; administration of Account
1. In addition to any criminal penalty, a person who violates NRS 202.2491 or 202.24915 is liable for a civil penalty of $100 for each violation.
2. A health authority within whose jurisdiction a violation of NRS 202.2491 or 202.24915 is committed shall:
(a) Collect the civil penalty, and may commence a civil proceeding for that purpose; and
(b) Deposit any money collected pursuant to this section with the State Treasurer for credit to the Account for Health Education for Minors, which is hereby created in the State General Fund.
3. The Superintendent of Public Instruction:
(a) Shall administer the Account for Health Education for Minors; and
(b) May, with the advice of the State Health Officer, expend money in the Account only for programs of education for minors regarding human health.
4. The interest and income earned on the money in the Account for Health Education for Minors, after deducting any applicable charges, must be credited to the Account.
5. All claims against the Account for Health Education for Minors must be paid as other claims against the State are paid.
CREDIT(S)
Added by Laws 1993, p. 2843. Amended by Laws 1999, p. 1694.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2493
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.2493. Cigarettes and smokeless products made from tobacco to be sold in unopened package only; sale and distribution of cigarettes and other tobacco products to minor prohibited; owner of retail establishment required to display notice concerning prohibition against sale of tobacco products to minors; sale of cigarettes by retailer through use of certain displays prohibited; penalties
1. A person shall not sell, distribute or offer to sell cigarettes or smokeless products made from tobacco in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100.
2. Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description or products made from tobacco to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.
3. A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description or products made from tobacco, the person:
(a) Demands that the other person present a valid driver's license or other written or documentary evidence which shows that the other person is 18 years of age or older;
(b) Is presented a valid driver's license or other written or documentary evidence which shows that the other person is 18 years of age or older; and
(c) Reasonably relies upon the driver's license or written or documentary evidence presented by the other person.
4. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made from tobacco in the course of the child's lawful employment, provide tobacco or products made from tobacco to the child.
5. With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if the owner:
(a) Had no actual knowledge of the sale; and
(b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.
6. The owner of a retail establishment shall, whenever any product made from tobacco is being sold or offered for sale at the establishment, display prominently at the point of sale:
(a) A notice indicating that:
(1) The sale of cigarettes and other tobacco products to minors is prohibited by law; and
(2) The retailer may ask for proof of age to comply with this prohibition; and
(b) At least one sign that complies with the requirements of NRS 442.340.
A person who violates this subsection shall be punished by a fine of not more than $100.
7. It is unlawful for any retailer to sell cigarettes through the use of any type of display:
(a) Which contains cigarettes and is located in any area to which customers are allowed access; and
(b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,
except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.
8. Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.
CREDIT(S)
Amended by Laws 1959, p. 675; Laws 1961, pp. 379, 625; Laws 1967, p. 482; Laws 1989, p. 1955. Substituted in 1991 revision by NRS 202.010. Amended by Laws 1995, p. 2604; Laws 2007, c. 434, § 41; Laws 2011, c. 182, § 2.
Formerly C&P (1911), § 237; RL (1912), § 6502; NCL (1929), § 10184. C&P (1911), § 238; RL (1912), § 6503; NCL (1929), § 10185. Section 1 of chapter 271 of Laws 1949; NCL (1943)-1949 Supplement, § 1046.01.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.24935
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.24935. Sale and distribution of cigarettes and other tobacco products to minor through use of Internet prohibited; penalties; policy to prevent minor from obtaining tobacco products through use of Internet
1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description or products made from tobacco to a child under the age of 18 years through the use of the Internet.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection 8 of NRS 202.2493.
3. Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description or products made from tobacco through the use of the Internet shall adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or the words “tobacco products,” and that the person complies with the provisions of 15 U.S.C. § 376. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
CREDIT(S)
Added by Laws 2001, c. 560, § 5, eff. June 13, 2001. Amended by Laws 2007, c. 434, § 42.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2494
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.2494. Cigarette vending machines lawful in certain public areas; restrictions on coin-operated machines
1. A cigarette vending machine may be placed in a public area only if persons who are under 21 years of age are prohibited from loitering in that area pursuant to NRS 202.030 or 463.350.
2. A coin-operated vending machine containing cigarettes must not be used to dispense any product not made from tobacco.
CREDIT(S)
Added by Laws 1993, p. 2843. Amended by Laws 1995, p. 2605; Laws 2003, c. 215, § 1, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2496
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.2496. Random inspections to enforce compliance with NRS 202.2493 and 202.2494; assistance of child in conducting inspection
1. As necessary to comply with applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting any such inspection, the Attorney General may contract with:
(a) Any sheriff's department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the Attorney General, perform the inspection in a fair and impartial manner.
2. If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child's parent for such assistance.
3. A child assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age and that he or she is under 18 years of age.
4. If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the child's appearance to make the child appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.
5. The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made from tobacco that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and that person’s position;
(2) The age and date of birth of the child who assisted in the inspection;
(3) The name and position of the person from whom the child attempted to purchase tobacco or products made from tobacco;
(4) The name and address of the establishment at which the child attempted to purchase tobacco or products made from tobacco;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made from tobacco to the child.
6. No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.
CREDIT(S)
Added by Laws 1995, p. 2602.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.2497
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tobacco
Provisions Enacted Before Nevada Clean Indoor Air Act
202.2497. Attorney General to compile results of inspections
The Attorney General shall compile the results of inspections performed pursuant to NRS 202.2496 during the immediately preceding fiscal year as is necessary to prepare and submit a report pursuant to 42 U.S.C. § 300x-26(b)(2)(B).
CREDIT(S)
Added by Laws 1995, p. 2603.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. T. 15, Ch. 202, Refs & Annos
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety
Weapons
Dangerous Weapons and Firearms
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.253
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.253. Definitions
As used in NRS 202.253 to 202.369, inclusive:
1. “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
2. “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
4. “Motor vehicle” means every vehicle that is self-propelled.
CREDIT(S)
Added by Laws 1977, p. 879. Amended by Laws 1979, p. 157; Laws 1989, p. 1239; Laws 1995, pp. 1151, 2533, 2726; Laws 1997, pp. 662, 826; Laws 2001, c. 154, § 4, eff. July 1, 2001; Laws 2003, c. 256, § 4, eff. Oct. 1, 2003; Laws 2005, c. 188, § 2, eff. May 31, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.254
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.254. Private person authorized to obtain background check on person who wishes to obtain firearm; fee
1. A private person who wishes to transfer a firearm to another person may, before transferring the firearm, request that the Central Repository for Nevada Records of Criminal History perform a background check on the person who wishes to acquire the firearm.
2. The person who requests the information pursuant to subsection 1 shall provide the Central Repository with identifying information about the person who wishes to acquire the firearm.
3. Upon receiving a request from a private person pursuant to subsection 1 and the identifying information required pursuant to subsection 2, the Central Repository shall within 5 business days after receiving the request:
(a) Perform a background check on the person who wishes to acquire the firearm; and
(b) Notify the person who requests the information whether the information available to the Central Repository indicates that the receipt of a firearm by the person who wishes to acquire the firearm would violate a state or federal law.
4. If the person who requests the information does not receive notification from the Central Repository regarding the request within 5 business days after making the request, the person may presume that the receipt of a firearm by the person who wishes to acquire the firearm would not violate a state or federal law.
5. The Central Repository may charge a reasonable fee for performing a background check and notifying a person of the results of the background check pursuant to this section.
6. The failure of a person to request the Central Repository to perform a background check pursuant to this section before transferring a firearm to another person does not give rise to any civil cause of action.
CREDIT(S)
Added by Laws 1997, p. 825.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.255
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.255. Setting spring gun or other deadly weapon: Unlawful and permitted uses; penalties
1. A person who sets a so-called trap, spring pistol, rifle, or other deadly weapon shall be punished:
(a) If no injury results therefrom to any human being, for a gross misdemeanor.
(b) If injuries not fatal result therefrom to any human being, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the death of a human being results therefrom:
(1) Under circumstances not rendering the act murder, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000; or
(2) Otherwise, for murder which is a category A felony as provided in NRS 200.030.
2. Subsection 1 does not prevent the use of any loaded spring gun, set gun or other device for the destruction of gophers, moles, coyotes or other burrowing rodents or predatory animals by agents or employees of governmental agencies engaged in cooperative predatory animal and rodent control work, but:
(a) A loaded spring gun, set gun or other device must not be set within 15 miles of the boundaries of any incorporated city or unincorporated town; and
(b) Before setting any such loaded spring gun, set gun or other device on any real property permission must first be obtained from the owner, lessee or administrator thereof.
CREDIT(S)
Amended by Laws 1960, p. 336; Laws 1967, p. 485; Laws 1979, p. 1433. Substituted in 1979 revision for NRS 202.250. Amended by Laws 1995, p. 1205.
Formerly C&P (1911), § 302; RL (1912), § 6567; NCL (1929), § 10250.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.257
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.257. Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm
1. It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,
to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.
2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
5. As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.
CREDIT(S)
Added by Laws 1995, p. 2533. Amended by Laws 1999, p. 2470. Amended by Laws 2003, c. 421, § 14, eff. Sept. 23, 2003
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.260
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.260. Unlawful possession, manufacture or disposition of explosive or incendiary device: Penalty; exceptions
1. A person who unlawfully possesses, manufactures or disposes of any explosive or incendiary device with the intent to destroy life or property is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties.
3. For the purposes of this section, “dispose of” means give, give away, loan, offer, offer for sale, sell or transfer.
CREDIT(S)
Amended by Laws 1973, p. 552; Laws 1979, p. 1434; Laws 1995, p. 1205; Laws 2001, c. 154, § 5, eff. July 1, 2001.
Formerly C&P (1911), § 306; RL (1912), § 6571; NCL (1929), § 10254.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.261
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.261. Possession of component of explosive or incendiary device with intent to manufacture explosive or incendiary device: Penalty; exceptions
1. A person shall not knowingly possess any component of an explosive or incendiary device with the intent to manufacture an explosive or incendiary device.
2. A person who violates subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3. This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties.
CREDIT(S)
Added by Laws 2001, c. 154, § 2, eff. July 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.262
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.262. Possession of explosive or incendiary device in or near certain public or private areas: Penalty; exceptions
1. Except as otherwise provided in subsection 3, a person shall not possess any explosive or incendiary device or any explosive or incendiary material, substance or component that may be readily converted to an explosive or incendiary device:
(a) In or upon any public street or highway in this state;
(b) In or near any private habitation, public place or any place open to the public; or
(c) In, on or near any public conveyance.
2. A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. This section does not prohibit a person from possessing any material, component, substance or device:
(a) As required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties;
(b) In an amount which, if detonated or otherwise exploded, would not ordinarily cause substantial bodily harm to another person or substantial harm to the property of another; or
(c) As part of a model rocket or engine for a model rocket that is designed, sold and used for the purpose of propelling a model rocket.
CREDIT(S)
Added by Laws 2001, c. 154, § 3, eff. July 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.263
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.263. Unlawful manufacture, possession, sale, advertisement or transportation of hoax bomb: Penalty; exceptions
1. A person shall not manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb if the person knows or should know that the hoax bomb is to be used to make a reasonable person believe that the hoax bomb is an explosive or incendiary device.
2. A person who violates subsection 1 is guilty of a gross misdemeanor.
3. This section does not prohibit:
(a) The purchase, possession, sale, advertising for sale, transportation or use of a military artifact, if the military artifact is harmless or inert, unless the military artifact is used to make a reasonable person believe that the military artifact is an explosive or incendiary device.
(b) The authorized manufacture, purchase, possession, sale, transportation or use of any material, substance or device by a member of the Armed Forces of the United States, a fire department or a law enforcement agency if the person is acting lawfully while in the line of duty.
(c) The manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.
4. As used in this section, “hoax bomb” means:
(a) An inoperative facsimile or imitation of an explosive or incendiary device; or
(b) A device or object that appears to be or to contain an explosive or incendiary device.
CREDIT(S)
Added by Laws 1991, p. 816. Amended by Laws 2001, c. 154, § 6, eff. July 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.265
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.265. Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions
1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:
(a) An explosive or incendiary device;
(b) A dirk, dagger or switchblade knife;
(c) A nunchaku or trefoil;
(d) A blackjack or billy club or metal knuckles;
(e) A pistol, revolver or other firearm; or
(f) Any device used to mark any part of a person with paint or any other substance.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:
(a) A private or public school or child care facility by a:
(1) Peace officer;
(2) School security guard; or
(3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.
(b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.
4. The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.
5. For the purposes of this section:
(a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.
(b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.
(c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
(d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.
(e) “Trefoil” has the meaning ascribed to it in NRS 202.350.
(f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.
CREDIT(S)
Added by Laws 1989, p. 656. Amended by Laws 1993, p. 364; Laws 1995, p. 1151; Laws 2001, c. 154, § 7, eff. July 1, 2001; Laws 2007, c. 418, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.270
Effective: April 22, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.270. Repealed
CREDIT(S)
Repealed by Laws 2009, c. 11, § 5, eff. April 22, 2009.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.273
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.273. Unlawful manufacture or sale of certain metal-penetrating bullets: Exceptions; penalty
1. Except as provided in subsection 2, it is unlawful to manufacture or sell any metal-penetrating bullet capable of being fired from a handgun.
2. A person may manufacture and sell metal-penetrating bullets pursuant to an agreement with a law enforcement agency for the sale of such bullets to that agency.
3. A person who violates the provisions of this section is guilty of a gross misdemeanor.
4. As used in this section, “metal-penetrating bullet” means a bullet whose core:
(a) Reduces the normal expansion of the bullet upon impact; and
(b) Is at least as hard as the maximum hardness attainable using solid red metal alloys,
and which can be used in a handgun. The term does not include any bullet with a copper or brass jacket and a core of lead or a lead alloy, or a bullet made of lead or lead alloys.
CREDIT(S)
Added by Laws 1983, p. 800.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.275
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.275. Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgun: Penalty; exceptions
1. Except as otherwise provided in subsection 3, a person who knowingly or willfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. For purposes of this section:
(a) “Short-barreled rifle” means:
(1) A rifle having one or more barrels less than 16 inches in length; or
(2) Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.
(b) “Short-barreled shotgun” means:
(1) A shotgun having one or more barrels less than 18 inches in length; or
(2) Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.
3. This section does not prohibit:
(a) The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties;
(b) The possession of any short-barreled rifle or short-barreled shotgun by a person who is licensed as a firearms importer, manufacturer, collector or dealer by the United States Department of the Treasury, or by a person to whom such a rifle or shotgun is registered with the United States Department of the Treasury; or
(c) The possession of any short-barreled rifle or short-barreled shotgun that has been determined to be a collector's item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.
CREDIT(S)
Added by Laws 1977, p. 879. Amended by Laws 1979, p. 1434; Laws 1991, p. 1136; Laws 1995, p. 1206; Laws 2005, c. 34, § 1, eff. Oct. 1, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.277
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.277. Changing, altering, removing or obliterating serial number of firearm prohibited; possession of firearm with serial number changed, altered, removed or obliterated prohibited; penalties
1. A person shall not intentionally change, alter, remove or obliterate the serial number upon any firearm. Any person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. A person shall not knowingly possess a firearm on which the serial number has been intentionally changed, altered, removed or obliterated. Any person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
CREDIT(S)
Added by Laws 1977, p. 880. Amended by Laws 2003, c. 256, § 5, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.280
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.280. Discharging firearm in or upon public streets or in places of public resort; throwing deadly missiles; duties of civil, military and peace officers; penalties
1. Unless a greater penalty is provided in NRS 202.287, a person, whether under the influence of liquor, a controlled substance or otherwise, who maliciously, wantonly or negligently discharges or causes to be discharged any pistol, gun or any other kind of firearm, in or upon any public street or thoroughfare, or in any theater, hall, store, hotel, saloon or any other place of public resort, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although no injury results, is guilty of a misdemeanor.
2. All civil, military and peace officers shall be vigilant in carrying the provisions of subsection 1 into full force and effect. Any peace officer who neglects his or her duty in the arrest of any such offender is guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1967, p. 485; Laws 1989, p. 1240.
Formerly C&P (1911), § 304; RL (1912), § 6569; NCL (1929), § 10252. C&P (1911), § 305; RL (1912), § 6570; NCL (1929), § 10253.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.285
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.285. Discharging firearm at or into structure, vehicle, aircraft or watercraft; penalties
1. A person who willfully and maliciously discharges a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender:
(a) If it has been abandoned, is guilty of a misdemeanor unless a greater penalty is provided in NRS 202.287.
(b) If it is occupied, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender, in motion or at rest, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, locomotive or railroad car may have run on the trip during which the firearm was discharged at or into it.
CREDIT(S)
Added by Laws 1979, p. 157. Amended by Laws 1989, p. 1240; Laws 1995, p. 1206.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.287
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.287. Discharging firearm within or from structure or vehicle; penalties
1. A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:
(a) If the structure or vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the structure or vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. If a firearm is discharged within or out of any vehicle that is in motion or at rest and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vehicle may have run on the trip during which the firearm was discharged.
3. The provisions of this section do not apply to:
(a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010.
(b) A peace officer while engaged in the performance of his or her official duties.
(c) A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.
4. As used in this section:
(a) “Structure” means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.
(b) “Vehicle” means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.
CREDIT(S)
Added by Laws 1989, p. 1239. Amended by Laws 1993, p. 2774; Laws 1995, pp. 1152, 1207, 2403, 2409; Laws 2003, c. 197, § 1, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.290
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.290. Aiming firearm at human being; discharging weapon where person might be endangered; penalty
Unless a greater penalty is provided in NRS 202.287, a person who willfully:
1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or
2. Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result,
is guilty of a gross misdemeanor.
CREDIT(S)
Amended by Laws 1989, pp. 820, 1240, 1243.
Formerly C&P (1911), § 344; RL (1912), § 6609; NCL (1929), § 10292.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.300
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.300. Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances
1. Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
2. A person who aids or knowingly permits a child to violate subsection 1:
(a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
(b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3. A person does not aid or knowingly permit a child to violate subsection 1 if:
(a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
(b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
(c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
(d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.
4. The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
5. Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:
(a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or
(b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,
and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
6. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
(a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
(b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
(c) Participating in a lawfully organized competition or performance involving the use of a firearm;
(d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
(e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
(f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or
(g) At his or her residence.
7. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:
(a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and
(b) Is not otherwise prohibited by law from possessing such a firearm.
8. A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:
(a) An occupant of a motor vehicle;
(b) Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or
(c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.
9. For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
CREDIT(S)
Amended by Laws 1963, p. 3; Laws 1991, p. 1154; Laws 1995, p. 1152; Laws 1997, pp. 516, 1181.
Formerly C&P (1911), § 345; RL (1912), § 6610; NCL (1929), § 10293.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.310
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.310. Sale of firearms to minors; penalty
Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
CREDIT(S)
Amended by Laws 1995, p. 1154; Laws 1997, pp. 519, 1183.
Formerly section 1 of chapter 164 of Laws 1955.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.320
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.320. Drawing deadly weapon in threatening manner
1. Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.
2. A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his or her duties.
CREDIT(S)
Amended by Laws 1967, p. 486; Laws 1989, p. 1240.
Formerly C&P (1911), § 174; RL (1912), § 6439; NCL (1929), § 10121.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.340
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.340. Confiscation and disposition of dangerous weapons by law enforcement agencies
1. Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any instrument or weapon described in NRS 202.350 is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act, the instrument or weapon must be surrendered to:
(a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city; or
(b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.
In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument or weapon was taken.
2. Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument or weapon is surrendered pursuant to subsection 1 to:
(a) Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;
(b) Sell the confiscated instrument or weapon to another law enforcement agency;
(c) Destroy or direct the destruction of the confiscated instrument or weapon if it is not otherwise required to be destroyed pursuant to subsection 5;
(d) Trade the confiscated instrument or weapon to a properly licensed retailer or wholesaler in exchange for equipment necessary for the performance of the agency's duties; or
(e) Donate the confiscated instrument or weapon to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.
3. All proceeds of a sale ordered pursuant to subsection 2 by:
(a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.
(b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.
4. Any officer receiving an order pursuant to subsection 2 shall comply with the order as soon as practicable.
5. Except as otherwise provided in subsection 6, the officer to whom a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:
(a) Except as otherwise provided in paragraph (c), destroy or direct to be destroyed any instrument or weapon which is determined to be dangerous to the safety of the public.
(b) Except as otherwise provided in paragraph (c), return any instrument or weapon, which has not been destroyed pursuant to paragraph (a):
(1) Upon demand, to the person from whom the instrument or weapon was confiscated if the person is acquitted of the public offense or crime of which the person was charged; or
(2) To the legal owner of the instrument or weapon if the Attorney General or the district attorney determines that the instrument or weapon was unlawfully acquired from the legal owner. If retention of the instrument or weapon is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument or weapon must be returned to the legal owner as soon as practicable after the order or direction is rescinded.
(c) Retain the confiscated instrument or weapon held by the officer pursuant to an order of a judge of a court of record or by direction of the Attorney General or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.
(d) Return any instrument or weapon which was stolen to its rightful owner, unless the return is otherwise prohibited by law.
6. Before any disposition pursuant to subsection 5, the officer who is in possession of the confiscated instrument or weapon shall submit a full description of the instrument or weapon to a laboratory which provides forensic services in this State. The director of the laboratory shall determine whether the instrument or weapon:
(a) Must be sent to the laboratory for examination as part of a criminal investigation; or
(b) Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.
CREDIT(S)
Amended by Laws 1959, p. 547; Laws 1967, p. 1719; Laws 1989, pp. 12, 143, 144; Laws 1995, pp. 304, 1154, 1161.
Formerly section 1 of chapter 93 of Laws 1913; RL (1919), p. 2710; NCL (1929), § 2300. Section 2 of chapter 93 of Laws 1913; Laws 1953, p. 546.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.350
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.350. Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions
1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:
(a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;
(b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;
(c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or
(d) Carry concealed upon his or her person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:
(a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:
(1) For the first offense, of a gross misdemeanor.
(2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
(b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
4. Except as otherwise provided in subsection 5, this section does not apply to:
(a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
5. The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness to carry a concealed weapon.
6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
7. This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he or she is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.
8. As used in this section:
(a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
(b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees' Retirement System. A former peace officer is not “honorably retired” if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
(c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(e) “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c).
(f) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c).
(g) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
(h) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.
(i) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
CREDIT(S)
Amended by Laws 1959, p. 548; Laws 1963, p. 90; Laws 1967, p. 486; Laws 1973, pp. 190, 900; Laws 1977, pp. 269, 880; Laws 1979, p. 1435; Laws 1985, pp. 452, 593, 792; Laws 1989, p. 653; Laws 1995, pp. 1207, 2726; Laws 1997, pp. 826, 1601; Laws 1999, pp. 421, 1208; Laws 2001, c. 95, § 2, eff. July 1, 2001; Laws 2003, c. 256, § 6, eff. Oct. 1, 2003; Laws 2005, c. 188, § 3, eff. May 31, 2005.
Formerly section 1 of chapter 47 of Laws 1925; NCL (1929), § 2302. Section 3 of chapter 47 of Laws 1925; NCL (1929), § 2304.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.355
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.355. Manufacture or sale of switchblade knives: Application for permit; eligibility; public hearing; restrictions
1. Upon written application, the sheriff of any county may issue a permit authorizing a person whose place of business is located in that county to manufacture or to keep, offer or expose for sale switchblade knives if the person demonstrates good cause for such authorization.
2. Before issuing a permit, the sheriff shall request the board of county commissioners to hold a public hearing concerning the issuance of the permit.
3. If the sheriff issues a permit which authorizes a person to sell switchblade knives, the permit must provide that switchblade knives may be sold only to:
(a) A person in another state, territory or country;
(b) A person who is authorized by law to possess a switchblade knife in this state, including, without limitation, any sheriff, constable, marshal, peace officer and member of the Armed Forces of the United States when on duty; and
(c) A distributor who has been issued a permit pursuant to this section.
CREDIT(S)
Added by Laws 2003, c. 256, § 3, eff. Oct. 1, 2003.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.357
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.357. Electronic stun device: Use prohibited except for self-defense; possession by certain persons prohibited; sale, gift or other provision to certain persons prohibited; penalties
1. Except as otherwise provided in this section, a person shall not use an electronic stun device on another person for any purpose other than self-defense.
2. Except as otherwise provided in this section, a person shall not have in his or her possession or under his or her custody or control any electronic stun device if the person:
(a) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
(b) Is a fugitive from justice;
(c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or
(d) Is illegally or unlawfully in the United States.
3. A child under 18 years of age shall not have in his or her possession or under his or her custody or control any electronic stun device.
4. Except as otherwise provided in this section, a person within this State shall not sell, give or otherwise provide an electronic stun device to another person if he or she has actual knowledge that the other person:
(a) Is a child under 18 years of age;
(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;
(c) Is a fugitive from justice;
(d) Has been adjudicated as mentally ill or has been committed to any mental health facility; or
(e) Is illegally or unlawfully in the United States.
5. A person who violates the provisions of:
(a) Subsection 1 or paragraph (a) or (b) of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) Paragraph (c) or (d) of subsection 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
6. A child who violates subsection 3 commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
7. A person who violates the provisions of subsection 4 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
8. The provisions of subsections 1, 2 and 4 do not apply to a peace officer who possesses or uses or sells, gives or otherwise provides to another person an electronic stun device within the scope of his or her duties.
9. As used in this section, “electronic stun device” means a device that:
(a) Emits an electrical charge or current that is transmitted by projectile, physical contact or other means; and
(b) Is designed to disable a person or animal temporarily or permanently.
CREDIT(S)
Added by Laws 2005, c. 95, § 1, eff. May 12, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.360
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.360. Ownership or possession of firearm by certain persons prohibited; penalties
1. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
(b) Is a fugitive from justice; or
(c) Is an unlawful user of, or addicted to, any controlled substance.
A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been adjudicated as mentally ill or has been committed to any mental health facility; or
(b) Is illegally or unlawfully in the United States.
A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).
(b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.
CREDIT(S)
Amended by Laws 1959, p. 548; Laws 1967, p. 487; Laws 1979, p. 1435; Laws 1983, p. 926; Laws 1985, pp. 453, 594; Laws 1991, p. 72; Laws 1995, p. 1208; Laws 1997, p. 828; Laws 2003, c. 256, § 7, eff. Oct. 1, 2003.
Formerly section 2 of chapter 47 of Laws 1925; Laws 1955, p. 185. Section 3 of chapter 47 of Laws 1925; NCL (1929), § 2304.
VALIDITY
<This section has been held unconstitutional in the case of Gallegos v. State, 163 P.3d 456. See Notes of Decision.>
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.362
Effective: January 1, 2010
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Dangerous Weapons and Firearms (Refs & Annos)
202.362. Sale or disposal of firearm or ammunition to certain persons prohibited; penalty; exceptions
1. Except as otherwise provided in subsection 3, a person within this State shall not sell or otherwise dispose of any firearm or ammunition to another person if he or she has actual knowledge that the other person:
(a) Is under indictment for, or has been convicted of, a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;
(b) Is a fugitive from justice;
(c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or
(d) Is illegally or unlawfully in the United States.
2. A person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
3. This section does not apply to a person who sells or disposes of any firearm or ammunition to:
(a) A licensed importer, licensed manufacturer, licensed dealer or licensed collector who, pursuant to 18 U.S.C. § 925(b), is not precluded from dealing in firearms or ammunition; or
(b) A person who has been granted relief from the disabilities imposed by federal laws pursuant to 18 U.S.C. § 925(c) or NRS 179A.163.
CREDIT(S)
Added by Laws 2003, c. 256, § 2, eff. Oct. 1, 2003. Amended by Laws 2009, c. 444, § 12, eff. Jan. 1, 2010.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3653
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3653. Definitions
As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:
1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.
2. “Department” means the Department of Public Safety.
3. “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.
4. “Revolver” means a firearm that has a revolving cylinder with several chambers, which, by pulling the trigger or setting the hammer, are aligned with the barrel, placing the bullet in a position to be fired. The term includes, without limitation, a single or double derringer.
5. “Semiautomatic firearm” means a firearm which:
(a) Uses the energy of the explosive in a fixed cartridge to extract a fixed cartridge and chamber a fresh cartridge with each single pull of the trigger; and
(b) Requires the release of the trigger and another pull of the trigger for each successive shot.
CREDIT(S)
Added by Laws 1995, p. 2721. Amended by Laws 1997, c. 313, §2, eff. July 5, 1997; Laws 1999, c. 161, § 2; Laws 2001, c. 520, § 97; Laws 2005, c. 188, § 4, eff. May 31, 2005; Laws 2007, c. 521, § 4.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3657
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3657. Application for permit; eligibility; denial or revocation of permit
1. Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. A person applying for a permit may submit one application and obtain one permit to carry all revolvers and semiautomatic firearms owned by the person. The person must not be required to list and identify on the application each revolver or semiautomatic firearm owned by the person. A permit must list each category of firearm to which the permit pertains and is valid for any revolver or semiautomatic firearm which is owned or thereafter obtained by the person to whom the permit is issued.
3. Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, semiautomatic firearms or both, as applicable, to any person who is qualified to possess the firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is 21 years of age or older;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with revolvers, semiautomatic firearms or both, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:
(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Such a course must include instruction in the use of revolvers, semiautomatic firearms or both, as applicable, and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs' and Chiefs' Association or, if the Nevada Sheriffs' and Chiefs' Association ceases to exist, its legal successor.
4. The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
(a) Has an outstanding warrant for his or her arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:
(1) Convicted of violating the provisions of NRS 484C.110; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court's:
(1) Withholding of the entry of judgment for a conviction of a felony; or
(2) Suspension of sentence for the conviction of a felony.
(j) Has made a false statement on any application for a permit or for the renewal of a permit.
5. The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
6. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person's permit or the processing of the person's application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
7. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant's signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicant's fingerprints taken by the sheriff or his or her agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
(d) If the applicant is a resident of this State, the driver's license number or identification card number of the applicant issued by the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the driver's license number or identification card number of the applicant issued by another state or jurisdiction;
(f) Whether the application pertains to semiautomatic firearms;
(g) Whether the application pertains to revolvers;
(h) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
(i) A nonrefundable fee set by the sheriff not to exceed $60.
CREDIT(S)
Added by Laws 1995, p. 2721. Amended by Laws 1997, c. 313, § 3; Laws 2001, c. 109, § 1; Laws 2001, c. 111, § 1, eff. July 1, 2002; Laws 2001, c. 520, § 98; Laws 2003, c. 2, § 9, eff. March 5, 2003; Laws 2007, c. 521, § 5; Laws 2011, c. 165, § 1; Laws 2011, c. 319, § 1; Laws 2011, c. 490, § 1, eff. July 1, 2011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.366
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.366. Investigation of applicant for permit; issuance or denial of permit; expiration of permit
1. Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant's fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The investigation also must include a report from the National Instant Criminal Background Check System. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.
2. To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
3. Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:
NEVADA CONCEALED FIREARM PERMIT
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County |
Permit Number |
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Expires |
Date of Birth |
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Height |
Weight |
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Name |
Address |
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City |
Zip |
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Photograph
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Signature |
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Issued by |
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Date of Issue |
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Semiautomatic firearms authorized |
Yes |
No |
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Revolvers authorized |
Yes |
No |
4. Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.
5. As used in this section, “National Instant Criminal Background Check System” means the national system created by the federal Brady Handgun Violence Prevention Act, Public Law 103-159.
CREDIT(S)
Added by Laws 1995, p. 2723. Amended by Laws 1999, c. 448, § 5, eff. May 31, 1999; Laws 2001, c. 109, § 2; Laws 2001, c. 111, § 2, eff. July 1, 2002; Laws 2003, c. 2, § 10, eff. March 5, 2003; Laws 2003, c. 463, § 17, eff. June 10, 2003; Laws 2007, c. 521, § 6; Laws 2011, c. 165, § 2; Laws 2011, c. 319, § 2; Laws 2011, c. 490, § 2, eff. July 1, 2011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3662
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3662. Confidentiality of information about applicant for permit and permittee
1. Except as otherwise provided in this section and NRS 202.3665 and 239.0115:
(a) An application for a permit, and all information contained within that application;
(b) All information provided to a sheriff or obtained by a sheriff in the course of the investigation of an applicant or permittee;
(c) The identity of the permittee; and
(d) Any records regarding the suspension, restoration or revocation of a permit,
are confidential.
2. Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.
3. Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.
CREDIT(S)
Added by Laws 1997, p. 1174. Amended by Laws 1999, c. 161, § 3; Laws 2007, c. 435, § 40; Laws 2011, c. 165, § 3; Laws 2011, c. 490, § 3, eff. July 1, 2011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3663
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3663. Judicial review of denial of application for permit
If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant filed the application for a permit. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.
CREDIT(S)
Added by Laws 1995, p. 2724. Amended by Laws 2001, c. 109, § 3, eff. Oct. 1, 2001.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3665
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3665. Duties of sheriff upon receiving notification that applicant or permittee has been charged with or convicted of crime involving use or threatened use of force or violence
1. If a sheriff who is processing an application for a permit receives notification pursuant to NRS 202.3657 that the applicant has been:
(a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
(1) Suspended the processing of the application until the final disposition of the charges against the applicant; or
(2) Resumed the processing of the application following the dropping of charges against the applicant or the acquittal of the applicant.
(b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, denied the application.
2. If a sheriff who has issued a permit to a permittee receives notification pursuant to NRS 202.3657 that the permittee has been:
(a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
(1) Suspended the permit of the permittee until the final disposition of the charges against the permittee; or
(2) Restored the permit of the permittee following the dropping of charges against the permittee or the acquittal of the permittee.
(b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, revoked the permit of the permittee.
3. The sheriff shall notify a victim pursuant to subsection 1 or 2 not later than 10 days after the date on which the sheriff performs one of the actions listed in subsection 1 or 2 concerning an application or a permit.
CREDIT(S)
Added by Laws 1999, p. 850.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3667
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3667. Permittee to carry permit and proper identification when in possession of concealed firearm; penalty
1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.
2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
CREDIT(S)
Added by Laws 1995, p. 2724.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.367
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.367. Duplicate permit; notification to sheriff of recovered permit; penalty
1. A permittee shall notify the sheriff who issued his or her permit in writing within 30 days if the permittee’s:
(a) Permanent address changes; or
(b) Permit is lost, stolen or destroyed.
2. The sheriff shall issue a duplicate permit to a permittee if the permittee:
(a) Submits a written statement to the sheriff, signed under oath, stating that his or her permit has been lost, stolen or destroyed; and
(b) Pays a nonrefundable fee of $15.
3. If any permittee subsequently finds or recovers his or her permit after being issued a duplicate permit pursuant to this section, the permittee shall, within 10 days:
(a) Notify the sheriff in writing; and
(b) Return the duplicate permit to the sheriff.
4. A permittee who fails to notify a sheriff pursuant to the provisions of this section is subject to a civil penalty of $25.
CREDIT(S)
Added by Laws 1995, p. 2724.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3673
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3673. Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty
1. Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while the permittee is on the premises of any public building.
2. A permittee shall not carry a concealed firearm while the permittee is on the premises of a public building that is located on the property of a public airport.
3. A permittee shall not carry a concealed firearm while the permittee is on the premises of:
(a) A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he or she is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.
(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he or she is on the premises of the public building pursuant to subsection 4.
4. The provisions of paragraph (b) of subsection 3 do not prohibit:
(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which the judge presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he or she is on the premises of a public building.
(c) A permittee who is employed in the public building from carrying a concealed firearm while he or she is on the premises of the public building.
(d) A permittee from carrying a concealed firearm while he or she is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.
5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.
6. As used in this section:
(a) “Child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.
(b) “Public building” means any building or office space occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
(2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.
If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.
CREDIT(S)
Added by Laws 1995, p. 2725. Amended by Laws 1997, p. 63; Laws 1999, p. 2767; Laws 2007, c. 418, § 2.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3677
Effective: October 1, 2011
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3677. Application for renewal of permit; fees; demonstrated continued competence required
1. If a permittee wishes to renew his or her permit, the permittee must :
(a) Complete and submit to the sheriff who issued the permit an application for renewal of the permit; and
(b) Undergo an investigation by the sheriff pursuant to NRS 202.366 to determine if the permittee is eligible for a permit.
2. An application for the renewal of a permit must:
(a) Be completed and signed under oath by the applicant;
(b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657;
(c) Be accompanied by a nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
(d) Be accompanied by a nonrefundable fee of $25.
If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.
3. No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with revolvers, semiautomatic firearms or both, as applicable, by successfully completing a course prescribed by the sheriff renewing the permit.
CREDIT(S)
Added by Laws 1995, p. 2725. Amended by Laws 2007, c. 521, § 7; Laws 2011, c. 165, § 4; Laws 2011, c. 319, § 3; Laws 2011, c. 490, § 4, eff. July 1, 2011.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3678
Effective: October 1, 2009
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3678. Application for certification as qualified retired law enforcement officer; law enforcement agency required to offer certain officers opportunity to obtain qualifications necessary for certification; fees
1. A retired law enforcement officer who is a resident of this State may apply, on a form prescribed by regulation of the Department, to the sheriff of the county in which he or she resides for any certification required pursuant to 18 U.S.C. § 926C(d) to become a qualified retired law enforcement officer. Application forms for certification must be provided by the sheriff of each county upon request.
2. A law enforcement agency in this State shall offer a retired law enforcement officer who retired from the law enforcement agency the opportunity to obtain the firearms qualification that is necessary to obtain the certification from the sheriff pursuant to subsection 1 at least twice per year at the same facility at which the law enforcement agency provides firearms training for its active law enforcement officers. The law enforcement agency may impose a nonrefundable fee in the amount necessary to pay the expenses for providing the firearms qualification.
3. The sheriff shall provide the certification pursuant to subsection 1 to a retired law enforcement officer who submits a completed application and pays any fee required pursuant to this subsection if the sheriff determines that the officer meets the standards for training and qualifications. The sheriff may impose a nonrefundable fee in the amount necessary to pay the expenses in providing the certification.
4. As used in this section:
(a) “Law enforcement agency” has the meaning ascribed to it in NRS 239C.065.
(b) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C.
CREDIT(S)
Added by Laws 2005, c. 188, § 1, eff. May 31, 2005. Amended by Laws 2009, c. 154, § 1.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.368
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.368. Fees to be deposited with county treasurer
All fees collected pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, must be deposited with the county treasurer of the county in which the fees are collected and:
1. If the county has a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that metropolitan police department; or
2. If the county does not have a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that county.
CREDIT(S)
Added by Laws 1995, p. 2725. Amended by Laws 2005, c. 188, § 5, eff. May 31, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3683
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3683. Immunity of state and local governments from civil liability
The State or any political subdivision of the State, the Department, a sheriff, law enforcement agency, firearm safety or training instructor or any other person who, in good faith and without gross negligence, acts pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, is immune from civil liability for those acts. Such acts include, but are not limited to, the receipt, review or investigation of an application for a permit, the certification of a retired law enforcement officer, or the issuance, denial, suspension, revocation or renewal of a permit.
CREDIT(S)
Added by Laws 1995, p. 2725. Amended by Laws 2005, c. 188, § 6, eff. May 31, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3687
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3687. Temporary permits
1. The provisions of NRS 202.3653 to 202.369, inclusive, do not prohibit a sheriff from issuing a temporary permit. A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.
2. Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, shall provide such information concerning the permit and the person to whom it is issued to the Central Repository for Nevada Records of Criminal History.
CREDIT(S)
Added by Laws 1995, p. 2726. Amended by Laws 1999, p. 2095; Laws 2007, c. 521, § 8.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3688
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3688. Circumstances in which holder of permit issued by another state may carry concealed firearm in this State; holder of permit issued by another state subject to same restrictions and requirements as holder of permit issued in this State
1. Except as otherwise provided in subsection 2, a person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive.
2. A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may not carry a concealed firearm in this State if the person:
(a) Becomes a resident of this State; and
(b) Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a resident of this State.
3. A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit by a sheriff in this State.
CREDIT(S)
Added by Laws 2007, c. 521, § 2.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.3689
Effective: October 1, 2007
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.3689. Department to prepare list of states that meet certain requirements concerning permits; Department to provide copy of list to law enforcement agencies in this State; Department to make list available to public
1. On or before July 1 of each year, the Department shall:
(a) Examine the requirements for the issuance of a permit to carry a concealed firearm in each state and determine whether the requirements of each state are substantially similar to or more stringent than the requirements set forth in NRS 202.3653 to 202.369, inclusive.
(b) Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.
(c) Prepare a list of states that meet the requirements of paragraphs (a) and (b). A state must not be included in the list unless the Nevada Sheriffs' and Chiefs' Association agrees with the Department that the state should be included in the list.
(d) Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.
2. The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.
CREDIT(S)
Added by Laws 2007, c. 521, § 3.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.369
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Weapons
Concealed Firearms
202.369. Regulations
The Department may adopt such regulations as are necessary to carry out the provisions of NRS 202.3653 to 202.369, inclusive.
CREDIT(S)
Added by Laws 1995, p. 2726. Amended by Laws 2005, c. 188, § 7, eff. May 31, 2005.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.370
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public Health and Safety (Refs & Annos)
Tear Gas Bombs and Weapons
202.370. Definitions
As used in NRS 202.370 to 202.440, inclusive:
1. “Shell,” “cartridge” or “bomb” includes all shells, cartridges or bombs capable of being discharged or exploded, when such discharge or explosions will cause or permit the release or emission of tear gas.
2. “Tear gas” includes all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air. The term does not include a liquid, gaseous or solid substance whose active ingredient is composed of natural substances or products derived from natural substances which cause no permanent injury through being vaporized or otherwise dispersed in the air.
3. “Weapon designed for the use of such shell, cartridge or bomb” includes all revolvers, pistols, fountain pen guns, billies, riot guns or other form of device, portable or fixed, intended for the projection or release of tear gas except those regularly manufactured and sold for use with firearm ammunition.
CREDIT(S)
Amended by Laws 1977, p. 887; Laws 1981, p. 2051.
Formerly section 2 of chapter 273 of Laws 1955.
Current through the 2011 76th Regular Session of the Nevada Legislature and technical corrections received from the Legislative Counsel Bureau (2011).
N.R.S. 202.375
Effective:[See Text Amendments]
West's Nevada Revised Statutes Annotated Currentness
Title 15. Crimes and Punishments (Chapters 193-207)
Chapter 202. Crimes Against Public He