US Laws, Codes, Statutes & Cases

CHAPTER 200 - CRIMES AGAINST THE PERSON

HOMICIDE

NRS 200.010            “Murder” defined.

NRS 200.020            Malice: Express and implied defined.

NRS 200.030            Degrees of murder; penalties.

NRS 200.033            Circumstances aggravating first degree murder.

NRS 200.035            Circumstances mitigating first degree murder.

NRS 200.040            “Manslaughter” defined.

NRS 200.050            “Voluntary manslaughter” defined.

NRS 200.060            When killing punished as murder.

NRS 200.070            “Involuntary manslaughter” defined.

NRS 200.080            Punishment for voluntary manslaughter.

NRS 200.090            Punishment for involuntary manslaughter.

NRS 200.110            Place of trial for homicide.

NRS 200.120            “Justifiable homicide” defined.

NRS 200.130            Bare fear insufficient to justify killing; reasonable fear required.

NRS 200.140            Justifiable homicide by public officer.

NRS 200.150            Justifiable or excusable homicide.

NRS 200.160            Additional cases of justifiable homicide.

NRS 200.170            Burden of proving circumstances of mitigation or justifiable or excusable homicide.

NRS 200.180            Excusable homicide by misadventure.

NRS 200.190            Justifiable or excusable homicide not punishable.

NRS 200.200            Killing in self-defense.

NRS 200.210            Killing of unborn quick child; penalty.

NRS 200.220            Taking drugs to terminate pregnancy; penalty.

NRS 200.230            Death resulting from overloading of passenger vessel; penalties.

NRS 200.240            Owner of animal that kills human being guilty of manslaughter under certain circumstances; penalty.

NRS 200.260            Death resulting from unlawful manufacture or storage of explosives; penalty.

BODILY INJURY

NRS 200.275            Justifiable infliction or threat of bodily injury not punishable.

NRS 200.278            Information required to be provided to school district of person in secondary school who causes serious bodily injury.

MAYHEM

NRS 200.280            Definition; penalty.

NRS 200.290            Instrument or manner of inflicting injury immaterial.

NRS 200.300            Injury not resulting in permanent injury; defendant may be convicted of assault.

KIDNAPPING

NRS 200.310            Degrees.

NRS 200.320            Kidnapping in first degree: Penalties.

NRS 200.330            Kidnapping in second degree: Penalties.

NRS 200.340            Penalty for aiding or abetting.

NRS 200.350            Where proceedings may be instituted; consent is not defense.

NRS 200.357            Law enforcement officer required to take child into protective custody if child in danger of being removed from jurisdiction.

NRS 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.

SEXUAL ASSAULT AND SEDUCTION

NRS 200.364            Definitions.

NRS 200.366            Sexual assault: Definition; penalties.

NRS 200.368            Statutory sexual seduction: Penalties.

NRS 200.373            Sexual assault of spouse by spouse.

NRS 200.377            Victims of sexual assault: Legislative findings and declarations.

NRS 200.3771          Victims of sexual assault: Confidentiality of records and reports that reveal identity; when disclosure permitted; penalty.

NRS 200.3772          Victims of sexual assault: Procedure for substituting pseudonym for name on files, records and reports; actual identity confidential; when disclosure required; immunity for unintentional disclosure.

NRS 200.3773          Victims of sexual assault: Public officer or employee prohibited from disclosing identity; exceptions; penalty.

NRS 200.3774          Victims of sexual assault: Effect of waiver of confidentiality by victim.

ROBBERY

NRS 200.380            Definition; penalty.

ATTEMPTS TO KILL

NRS 200.390            Administration of poison: Penalty.

BATTERY WITH INTENT TO COMMIT A CRIME

NRS 200.400            Definition; penalties.

ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME

NRS 200.405            Administration of drug to aid commission of felony: Penalty.

NRS 200.408            Administration of controlled substance to aid commission of crime of violence: Penalty; definitions.

DUELS AND CHALLENGES

NRS 200.410            Death resulting from duel; penalty.

NRS 200.430            Incriminating testimony; witness’s privilege.

NRS 200.440            Posting for not fighting; use of contemptuous language.

NRS 200.450            Challenges to fight; penalties.

FALSE IMPRISONMENT

NRS 200.460            Definition; penalties.

INVOLUNTARY SERVITUDE; PURCHASE OR SALE OF PERSON

NRS 200.463            Involuntary servitude; penalties.

NRS 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.

NRS 200.465            Assuming rights of ownership over another person; purchase or sale of person; penalty.

ASSAULT AND BATTERY

NRS 200.471            Assault: Definitions; penalties.

NRS 200.481            Battery: Definitions; penalties.

NRS 200.485            Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation and suspension; definitions. [Effective through June 30, 2009.]

NRS 200.485            Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation and suspension; definitions. [Effective July 1, 2009.]

NRS 200.490            Provoking assault: Penalty.

CRIMINAL NEGLECT OF PATIENTS

NRS 200.495            Definitions; penalties.

ABUSE AND NEGLECT OF CHILDREN

NRS 200.508            Abuse, neglect or endangerment of child: Penalties; definitions.

NRS 200.5081          District attorney may refer person suspected of violating NRS 200.508 for treatment or counseling.

NRS 200.5083          Mutilation of genitalia of female child: Penalties; definitions.

NRS 200.5085          Use of nonmedical remedial treatment.

ABUSE, NEGLECT, EXPLOITATION OR ISOLATION OF OLDER PERSONS AND VULNERABLE PERSONS

NRS 200.5091          Policy of State.

NRS 200.5092          Definitions.

NRS 200.50925        “Reasonable cause to believe” and “as soon as reasonably practicable” defined.

NRS 200.5093          Report of abuse, neglect, exploitation or isolation of older person; voluntary and mandatory reports; investigation; penalty.

NRS 200.50935        Report of abuse, neglect, exploitation or isolation of vulnerable person; voluntary and mandatory reports; investigation; penalty.

NRS 200.5094          Reports: Manner of making; contents.

NRS 200.5095          Reports and records confidential; permissible or required disclosure; penalty.

NRS 200.50955        Law enforcement agency: Required to act promptly in obtaining certain warrants.

NRS 200.5096          Immunity from civil or criminal liability for reporting, investigating or submitting information.

NRS 200.5097          Admissibility of evidence.

NRS 200.5098          Duties of Aging Services Division of Department of Health and Human Services regarding older persons; organization and operation of teams for provision of assistance.

NRS 200.50982        Disclosure of information concerning reports and investigations to other agencies or legal representative of older person or vulnerable person.

NRS 200.50984        Inspection of records pertaining to older person on whose behalf investigation is conducted.

NRS 200.50986        Petition for removal of guardian of older person.

NRS 200.5099          Penalties.

NRS 200.50995        Penalties for conspiracy.

LIBEL

NRS 200.510            Definition; penalties; truth may be given in evidence; jury to determine law and fact.

NRS 200.520            Publication defined.

NRS 200.530            Liability of editor or publisher.

NRS 200.540            Criminal proceedings: Venue.

NRS 200.550            Furnishing libelous information: Penalty.

NRS 200.560            Threatening to publish libel: Penalty.

HARASSMENT AND STALKING

NRS 200.571            Harassment: Definition; penalties.

NRS 200.575            Stalking: Definitions; penalties.

NRS 200.581            Where offense committed.

NRS 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.

NRS 200.592            Petitioner for order: Deferment of costs and fees; free information concerning order; no fee for serving order.

NRS 200.594            Duration of orders; dissolution or modification of temporary order.

NRS 200.597            Order to be transmitted to law enforcement agencies; enforcement.

NRS 200.601            Victim to be given certain information and documents concerning case; clerk to keep record of order or condition restricting conduct of defendant.

PEEPING

NRS 200.603            Peering, peeping or spying through window, door or other opening of dwelling of another; penalties.

HAZING

NRS 200.605            Penalties; definition.

INTERCEPTION AND DISCLOSURE OF WIRE AND RADIO COMMUNICATIONS OR PRIVATE CONVERSATIONS

NRS 200.610            Definitions.

NRS 200.620            Interception and attempted interception of wire communication prohibited; exceptions.

NRS 200.630            Disclosure of existence, content or substance of wire or radio communication prohibited; exceptions.

NRS 200.640            Unauthorized connection with facilities prohibited.

NRS 200.650            Unauthorized, surreptitious intrusion of privacy by listening device prohibited.

NRS 200.690            Penalties.

PORNOGRAPHY INVOLVING MINORS

NRS 200.700            Definitions.

NRS 200.710            Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance.

NRS 200.720            Promotion of sexual performance of minor unlawful.

NRS 200.725            Preparing, advertising or distributing materials depicting pornography involving minor unlawful; penalty.

NRS 200.730            Possession of visual presentation depicting sexual conduct of person under 16 years of age unlawful; penalties.

NRS 200.735            Exemption for purposes of law enforcement.

NRS 200.740            Determination by court or jury of whether person was minor.

NRS 200.750            Penalties.

NRS 200.760            Forfeiture.

_________

HOMICIDE

      NRS 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.

Ê The unlawful killing may be effected by any of the various means by which death may be occasioned.

      [1911 C&P § 119; RL § 6384; NCL § 10066]—(NRS A 1983, 512; 1985, 1598; 1989, 589; 2005, 1059)

      NRS 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.

      [1911 C&P § 120; A 1915, 67; 1919 RL § 6385; NCL § 10067]

      NRS 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 or child abuse;

      (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 him guilty thereof, designate by their verdict whether he 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 mentally retarded 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.

Ê 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.

      [1911 C&P § 121; A 1915, 67; 1919, 468; 1947, 302; 1943 NCL § 10068]—(NRS A 1957, 330; 1959, 781; 1960, 399; 1961, 235, 486; 1967, 467, 1470; 1973, 1803; 1975, 1580; 1977, 864, 1541, 1627; 1989, 865, 1451; 1995, 257, 1181; 1999, 1335; 2003, 770, 2944)

      NRS 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.

Ê 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 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 official duty or because of an act performed in his 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 him 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 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.

      (Added to NRS by 1977, 1542; A 1981, 521, 2011; 1983, 286; 1985, 1979; 1989, 1451; 1993, 76; 1995, 2, 138, 1490, 2705; 1997, 1293; 1999, 1336; 2001 Special Session, 229; 2003, 2945; 2005, 317)

      NRS 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 his 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.

      (Added to NRS by 1977, 1543)

      NRS 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 484.3775.

      [1911 C&P § 122; RL § 6387; NCL § 10069]—(NRS A 1983, 1014; 1995, 1725; 2005, 79)

      NRS 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 484.3775.

      [1911 C&P § 123; RL § 6388; NCL § 10070]—(NRS A 2005, 79)

      NRS 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.

      [1911 C&P § 124; RL § 6389; NCL § 10071]

      NRS 200.070  “Involuntary manslaughter” defined.

      1.  Except under the circumstances provided in NRS 484.348 and 484.377, 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 484.3775.

      [1911 C&P § 125; RL § 6390; NCL § 10072]—(NRS A 1981, 867; 1983, 1014; 1995, 1726; 2005, 79)

      NRS 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.

      [1911 C&P § 126; A 1937, 103; 1931 NCL § 10073]—(NRS A 1979, 1424; 1995, 1182)

      NRS 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.

      [1911 C&P § 126 1/2; added 1937, 103; 1931 NCL § 10073.01]—(NRS A 1967, 468; 1995, 1182)

      NRS 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.

      [1911 C&P § 128; RL § 6393; NCL § 10075]

      NRS 200.120  “Justifiable homicide” defined.  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.

      [1911 C&P § 129; RL § 6394; NCL § 10076]—(NRS A 1983, 518)

      NRS 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.

      [1911 C&P § 130; RL § 6395; NCL § 10077]

      NRS 200.140  Justifiable homicide by public officer.  Homicide is justifiable when committed by a public officer, or person acting under his command and in his aid, 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.

      [1911 C&P § 131; RL § 6396; NCL § 10078]—(NRS A 1975, 323; 1993, 931)

      NRS 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.

      [1911 C&P § 132; RL § 6397; NCL § 10079]

      NRS 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 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 presence, or upon or in a dwelling, or other place of abode in which he is.

      [1911 C&P § 133; A 1931, 160; 1931 NCL § 10080]—(NRS A 1993, 932)

      NRS 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.

      [1911 C&P § 134; A 1951, 524]

      NRS 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 man 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 he 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.

      [1911 C&P § 135; RL § 6400; NCL § 10082]—(NRS A 1985, 1399)

      NRS 200.190  Justifiable or excusable homicide not punishable.  The homicide appearing to be justifiable or excusable, the person indicted shall, upon his trial, be fully acquitted and discharged.

      [1911 C&P § 136; RL § 6401; NCL § 10083]

      NRS 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 his own life, or to prevent his 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.

      [1911 C&P § 137; RL § 6402; NCL § 10084]

      NRS 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.

      [1911 C&P § 138; RL § 6403; NCL § 10085]—(NRS A 1967, 468; 1979, 1425; 1995, 1182)

      NRS 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.

      [1911 C&P § 140; RL § 6405; NCL § 10087]—(NRS A 1967, 468; 1973, 1639; 1979, 1425; 1995, 1183)

      NRS 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.

      [1911 C&P § 141; RL § 6406; NCL § 10088]—(NRS A 1967, 468; 1979, 1425; 1995, 1183)

      NRS 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 not himself in fault, the owner or custodian commits manslaughter and shall be punished for a category D felony as provided in NRS 193.130.

      [1911 C&P § 142; RL § 6407; NCL § 10089]—(NRS A 1967, 469; 1995, 1183)

      NRS 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.

      [1911 C&P § 144; RL § 6409; NCL § 10091]—(NRS A 1967, 469; 1983, 120; 1995, 1183)

BODILY INJURY

      NRS 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.

      (Added to NRS by 1983, 519)

      NRS 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.

      (Added to NRS by 1997, 1363)

MAYHEM

      NRS 200.280  Definition; penalty.  Mayhem consists of unlawfully depriving a human being of a member of his 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.

      [1911 C&P § 151; RL § 6416; NCL § 10098]—(NRS A 1967, 469; 1979, 1425; 1995, 1183)

      NRS 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.

      [1911 C&P § 152; RL § 6417; NCL § 10099]

      NRS 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.

      [1911 C&P § 153; RL § 6418; NCL § 10100]

KIDNAPPING

      NRS 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 him, 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 him from his 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 his will, is guilty of kidnapping in the second degree which is a category B felony.

      [1:165:1947; 1943 NCL § 10612.05]—(NRS A 1959, 20; 1979, 39; 1987, 495; 1995, 1184)

      NRS 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.

      [2:165:1947; 1943 NCL § 10612.06]—(NRS A 1967, 469; 1973, 1804; 1995, 1184)

      NRS 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.

      [3:165:1947; 1943 NCL § 10612.07]—(NRS A 1967, 469; 1979, 1425; 1995, 1185)

      NRS 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.

      [4:165:1947; 1943 NCL § 10612.08]—(NRS A 1967, 470; 1995, 1185)

      NRS 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 his consent was not extorted by threats, duress or fraud.

      [5:165:1947; 1943 NCL § 10612.09]

      NRS 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 he reasonably believes that the child is in danger of being removed from the jurisdiction.

      (Added to NRS by 1991, 1422)

      NRS 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,

Ê 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 he 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 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.

      (Added to NRS by 1975, 1397; A 1981, 564; 1989, 1678; 1991, 1422; 1993, 1425; 1995, 997, 1185, 1338; 2001 Special Session, 17; 2003, 1005)

SEXUAL ASSAULT AND SEDUCTION

      NRS 200.364  Definitions.  As used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires:

      1.  “Perpetrator” means a person who commits a sexual assault.

      2.  “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.

      3.  “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.

      4.  “Victim” means a person who is subjected to a sexual assault.

      (Added to NRS by 1977, 1626; A 1979, 572; 1991, 801; 1995, 700)

      NRS 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 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 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 20 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 20 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,

Ê 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.

      (Added to NRS by 1977, 1626; A 1991, 612; 1995, 1186; 1997, 1179, 1719; 1999, 431; 2003, 2825; 2005, 2874)

      NRS 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 he is 21 years of age or older, for a category C felony as provided in NRS 193.130.

      2.  If he is under the age of 21 years, for a gross misdemeanor.

      (Added to NRS by 1977, 1627; A 1979, 1426; 1995, 1187; 2001, 703)

      NRS 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.

      (Added to NRS by 1967, 470; A 1975, 1141; 1977, 1628; 1987, 1165)

      NRS 200.377  Victims of sexual assault: 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 assault:

      (a) Reports the assault to the appropriate authorities;

      (b) Cooperates in the investigation and prosecution of the assault; and

      (c) Testifies at the criminal trial of the person charged with committing the assault.

      2.  The fear of public identification and invasion of privacy are fundamental concerns for the victims of sexual assault. If these concerns are not addressed and the victims are left unprotected, the victims may refrain from reporting and prosecuting sexual assaults.

      3.  A victim of a sexual assault may be harassed, intimidated and psychologically harmed by a public report that identifies the victim. A sexual assault 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 assault.

      5.  The public has no overriding need to know the individual identity of the victim of a sexual assault.

      6.  The purpose of NRS 200.3771 to 200.3774, inclusive, is to protect the victims of sexual assault from harassment, intimidation, psychological trauma and the unwarranted invasion of their privacy by prohibiting the disclosure of their identities to the public.

      (Added to NRS by 1993, 2475)

      NRS 200.3771  Victims of sexual assault: 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,

Ê that reveals the identity of a victim of sexual assault is confidential, including but not limited to the victim’s photograph, likeness, name, address or telephone number.

      2.  A defendant charged with a sexual assault and his attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and his 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 assault.

      (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.

      (Added to NRS by 1993, 2476)

      NRS 200.3772  Victims of sexual assault: 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 assault may choose a pseudonym to be used instead of the victim’s name on all files, records and documents pertaining to the sexual assault, 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 offense. 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.

Ê 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 assault.

      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 his attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or his 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 assault 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 of sexual assault 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.

      (Added to NRS by 1993, 2477)

      NRS 200.3773  Victims of sexual assault: 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 assault shall not intentionally or knowingly disclose the identifying information to any person other than:

      (a) The defendant or his 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.

      (Added to NRS by 1993, 2477)

      NRS 200.3774  Victims of sexual assault: Effect of waiver of confidentiality by victim.  The provisions of NRS 200.3771, 200.3772 and 200.3773 do not apply if the victim of the sexual assault voluntarily waives, in writing, the confidentiality of the information concerning the victim’s identity.

      (Added to NRS by 1993, 2478)

ROBBERY

      NRS 200.380  Definition; penalty.

      1.  Robbery is the unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his 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.

Ê 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.

      [1911 C&P § 162; RL § 6427; NCL § 10109]—(NRS A 1961, 53; 1967, 470; 1993, 253; 1995, 1187)

ATTEMPTS TO KILL

      NRS 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.

      [1911 C&P § 139; RL § 6404; NCL § 10086]—(NRS A 1967, 471; 1995, 1188)

BATTERY WITH INTENT TO COMMIT A CRIME

      NRS 200.400  Definition; penalties.

      1.  As used in this section, “battery” means any willful and unlawful use of force or violence upon the person of another.

      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, 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,

Ê 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.

Ê 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.

      [1911 C&P § 148; RL § 6413; NCL § 10095]—(NRS A 1967, 471; 1971, 1385; 1973, 1805; 1977, 1628; 1979, 1426; 1981, 903; 1985, 247; 1991, 123; 1995, 1188; 2005, 2875)

ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME

      NRS 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 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.

      (Added to NRS by 1987, 1624; A 1995, 1189; 1997, 903)

      NRS 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 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 his ability to appraise conduct or to decline participation in or communicate an unwillingness to participate in conduct has been administered to him.

      (Added to NRS by 1997, 902)

DUELS AND CHALLENGES

      NRS 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 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.

      [1911 C&P § 157; RL § 6422; NCL § 10104]—(NRS A 1959, 10; 1995, 1189; 1999, 2)

      NRS 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.

      [1911 C&P § 159; RL § 6424; NCL § 10106]—(NRS A 1979, 1426)

      NRS 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, he is guilty of a gross misdemeanor.

      [1911 C&P § 160; RL § 6425; NCL § 10107]—(NRS A 1959, 10; 1967, 471)

      NRS 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 for any other person, or in receiving for himself 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.

      [1911 C&P § 161; RL § 6426; NCL § 10108]—(NRS A 1967, 472; 1977, 884; 1979, 1426; 1995, 1189; 1999, 2)

FALSE IMPRISONMENT

      NRS 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,

Ê 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.

      [1911 C&P § 175; RL § 6440; NCL § 10122]—(NRS A 1967, 472; 1981, 614; 1995, 1190; 2003, 387)

INVOLUNTARY SERVITUDE; PURCHASE OR SALE OF PERSON

      NRS 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,

Ê 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.

      (Added to NRS by 2005, 87)

      NRS 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.  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,

Ê 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.

      (Added to NRS by 2005, 88)

      NRS 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 custody or under his power or control; or

      6.  Knowingly aids or assists in any manner a person who violates any provision of this section,

Ê 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.

      (Added to NRS by 1989, 1186; A 1995, 1190; 2005, 88)

ASSAULT AND BATTERY

      NRS 200.471  Assault: Definitions; penalties.

      1.  As used in this section:

      (a) “Assault” means 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, matron 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 him to make home visits.

      (c) “Provider of health care” means a physician, a physician assistant, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, an osteopathic physician’s assistant, 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 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 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) of this subsection 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) of this subsection 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 duty or upon a sports official based on the performance of his 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 duty or upon a sports official based on the performance of his 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.

      (Added to NRS by 1971, 1384; A 1981, 903; 1985, 248; 1989, 1010; 1991, 124, 774; 1995, 21, 1190, 1321; 1997, 434; 1999, 140; 2001, 380, 986, 987; 2003, 354; 2005, 176)

      NRS 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 him 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) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (i) “Taxicab driver” means a person who operates a taxicab.

      (j) “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 paragraph (d) or in NRS 197.090, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

      (c) If the battery is committed:

             (1) Upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his duty or upon a sports official based on the performance of his 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; 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,

Ê 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 duty or upon a sports official based on the performance of his 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, 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, 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, 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.

      (Added to NRS by 1971, 1385; A 1973, 1444; 1975, 1063; 1977, 736; 1979, 213, 1427; 1981, 12, 614; 1983, 673; 1985, 248, 2171; 1987, 515; 1989, 1178; 1991, 154, 774; 1995, 22, 903, 1191, 1321, 1335; 1997, 435, 1180, 1813; 1999, 141; 2001, 381; 2003, 355; 2005, 178)

      NRS 200.485  Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation and suspension; definitions. [Effective through June 30, 2009.]

      1.  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:

      (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.

Ê 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 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.

Ê 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.  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) Except as otherwise provided in this subsection, for the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

      (b) Except as otherwise provided in this subsection, for the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

Ê If the person resides more than 70 miles from the nearest location a