2005 Nevada Revised Statutes - Chapter 193 — General Provisions

Title 15 - CRIMES AND PUNISHMENTS

CHAPTER 193 - GENERAL PROVISIONS

NRS 193.010 Definitions.

NRS 193.011 Boatdefined.

NRS 193.0115 Bonddefined.

NRS 193.012 Breakdefined.

NRS 193.0125 Buildingdefined.

NRS 193.013 Corruptand corruptly defined.

NRS 193.014 Dwellinghouse defined.

NRS 193.0145 Enterdefined.

NRS 193.0155 Indicted,indictment, informed against and information defined.

NRS 193.016 Judgedefined.

NRS 193.0165 Jurorsdefined.

NRS 193.017 Knowinglydefined.

NRS 193.0175 Maliceand maliciously defined.

NRS 193.018 Neglect,negligence, negligent and negligently defined.

NRS 193.0185 Nighttimedefined.

NRS 193.019 Officerand public officer defined.

NRS 193.0195 Ownerdefined.

NRS 193.0205 Persondefined.

NRS 193.021 Personalproperty defined.

NRS 193.0215 Prisondefined.

NRS 193.022 Prisonerdefined.

NRS 193.0225 Propertydefined.

NRS 193.023 Railwayor railroad defined.

NRS 193.0235 Realproperty defined.

NRS 193.024 Signaturedefined.

NRS 193.0245 Writingdefined.

NRS 193.030 Constructionof provisions of title.

NRS 193.040 Intentto defraud.

NRS 193.045 Repeatedconviction as element or aggravation of offense: Place of former convictionimmaterial.

NRS 193.050 Conductconstituting crime; prohibited or unlawful acts; common law.

NRS 193.060 Constructionof provisions similar to existing laws.

NRS 193.070 Effectof provisions upon past offenses.

NRS 193.075 Effectof repeal of statute: Penalty previously imposed; prior violations.

NRS 193.080 Applicationto existing civil rights.

NRS 193.090 Civilremedies preserved.

NRS 193.100 Proceedingsto impeach or remove officers and others preserved.

NRS 193.105 Terminationof employment, removal from office or impeachment of public employee or officerupon conviction for sale of controlled substance.

NRS 193.110 Authorityof courts-martial unaffected; punishment for contempt unaffected.

NRS 193.120 Classificationof crimes.

NRS 193.130 Categoriesand punishment of felonies.

NRS 193.140 Punishmentof gross misdemeanors.

NRS 193.150 Punishmentof misdemeanors.

NRS 193.155 Penaltyfor public offense proportionate to value of property affected or lossresulting from offense.

NRS 193.160 Penaltyfor misdemeanor by corporations when not fixed by statute.

NRS 193.1605 Minimumpunishment for gross misdemeanor committed on property of school, at activitysponsored by school or on school bus.

NRS 193.161 Additionalor alternative penalty: Felony committed on property of school, at activitysponsored by school or on school bus.

NRS 193.162 Additionalpenalty: Felony committed by adult with assistance of child.

NRS 193.163 Additionalpenalty: Use of handgun containing metal-penetrating bullet in commission ofcrime.

NRS 193.165 Additionalpenalty: Use of deadly weapon or tear gas in commission of crime; restrictionon probation.

NRS 193.166 Additionalpenalty: Felony committed in violation of order for protection or order torestrict conduct.

NRS 193.167 Additionalpenalty: Certain crimes committed against person 60 years of age or older oragainst vulnerable person.

NRS 193.1675 Additionalpenalty: Commission of crime because of certain actual or perceivedcharacteristics of victim.

NRS 193.168 Additionalpenalty: Felony committed to promote activities of criminal gang; restrictionon probation; expert testimony.

NRS 193.1685 Additionalor alternative penalty: Felony committed with intent to commit, cause, aid,further or conceal act of terrorism.

NRS 193.169 Additionalor alternative penalty: Limitation on imposition; alternative allegations.

NRS 193.170 Prohibitedact is misdemeanor when no penalty imposed.

NRS 193.190 Toconstitute crime there must be unity of act and intent.

NRS 193.200 Intent:How manifested.

NRS 193.210 Whenperson considered to be of sound mind.

NRS 193.220 Whenvoluntary intoxication may be considered.

NRS 193.230 Lawfulresistance to commission of public offense: Who may make.

NRS 193.240 Resistanceby party about to be injured.

NRS 193.250 Resistanceby other persons.

NRS 193.260 Personsacting by command of officers of justice.

NRS 193.270 Actspunishable under foreign law.

NRS 193.280 Foreignconviction or acquittal is sufficient defense.

NRS 193.290 Convictionor acquittal in other county is sufficient defense.

NRS 193.300 Punishmentfor contempt.

NRS 193.310 Sendingletters: When offense deemed complete; venue.

NRS 193.320 Omissionto perform duty: When not punishable.

NRS 193.330 Punishmentfor attempts.

NRS 193.340 Requireddisclosure of certain information by provider of Internet service; penalty;issuance and enforcement of administrative subpoena; fee for information.

_________

NRS 193.010 Definitions. As used in this title, unless the context otherwiserequires, the words and terms defined in NRS193.011 to 193.0245, inclusive,have the meanings ascribed to them in those sections.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.011 Boatdefined. Boat includes ships, steamers andother structures adapted to navigation or movement from place to place bywater.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0115 Bonddefined. Bond includes an undertaking.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.012 Breakdefined. Break, when used in connection withthe crime of burglary, includes:

1. Breaking or violently detaching any part, internalor external, of a building.

2. Opening, for the purpose of entering therein, anyouter door of a building or of any room, apartment or set of apartments thereinseparately used and occupied, or any window, shutter, scuttle or other thingused for covering or closing any opening thereto or therein, or which givespassage from one part thereof to another.

3. Obtaining entrance into such building or apartmentby any threat or artifice, used for that purpose, or by collusion with anyperson therein.

4. Entering such building, room or apartment by orthrough any pipe, chimney or other opening, or by excavating or digging throughor under a building or the walls or foundation thereof.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0125 Buildingdefined. 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 anyproperty is or will be kept for use, sale or deposit.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.013 Corruptand corruptly defined. Corrupt and corruptlyimport a wrongful desire to acquire or cause some pecuniary or other advantageto himself or another, by the person to whom applicable.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.014 Dwellinghouse defined. Dwelling house includesevery building or structure which has been usually occupied by a person lodgingtherein at night, and whenever it is so constructed as to consist of two ormore parts or rooms occupied or intended to be occupied, whether permanently ortemporarily, by different tenants separately by usually lodging therein atnight, or for any other separate purpose, each part shall be deemed a separatedwelling house of the tenant occupying it.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0145 Enterdefined. Enter, when constituting an elementor part of a crime, includes the entrance of the offender, or the insertion ofany part of his body, or of any instrument or weapon held in his hand and usedor intended to be used to threaten or intimidate a person, or to detach orremove property.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0155 Indicted,indictment, informed against and information defined. Indicted and indictment include informed against andinformation; and informed against and information include indicted andindictment.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.016 Judgedefined. Judge includes every judicialofficer authorized, alone or with others, to hold or preside over a court ofrecord.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0165 Jurorsdefined. Jurors include a talesman, andextend to jurors in all courts, whether of record or not.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.017 Knowinglydefined. Knowingly imports a knowledge thatthe facts exist which constitute the act or omission of a crime, and does not requireknowledge of its unlawfulness. Knowledge of any particular fact may be inferredfrom the knowledge of such other facts as should put an ordinarily prudentperson upon inquiry.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510; 1997, 1600)

NRS 193.0175 Maliceand maliciously defined. Malice and maliciouslyimport 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 ofanother, or an act wrongfully done without just cause or excuse, or an act oromission of duty betraying a willful disregard of social duty.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.018 Neglect,negligence, negligent and negligently defined. Neglect,negligence, negligent and negligently import a want of such attention tothe nature or probable consequences of an act or omission as an ordinarilyprudent person usually exercises in his own business.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510; 1997, 1600)

NRS 193.0185 Nighttimedefined. Nighttime includes the period betweensunset and sunrise.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.019 Officerand public officer defined. Officer andpublic 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 orquasi-public corporation of this State; and

4. Any agency, board or commission established by thisState or any of its political subdivisions,

and allpersons exercising or assuming to exercise any of the powers or functions of apublic officer.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0195 Ownerdefined. Owner of any property includes anyperson who has a general or special property in the whole or any part thereof,or lawful possession thereof, either actual or constructive.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0205 Persondefined. Person includes this State or anyother state, government or country which may lawfully own property within thisState whenever it is used to designate a party whose property may be thesubject of an offense.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRS973, 355; 1983, 815; 1985, 510)

NRS 193.021 Personalproperty defined. Personal propertyincludes dogs and all domestic animals and birds, water, gas and electricity,all kinds or descriptions of money, chattels and effects, all instruments orwritings completed and ready to be delivered or issued by the maker, whetheractually 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 beevidenced, created, acknowledged, transferred, increased, diminished,encumbered, defeated, discharged or affected, and every right and interesttherein.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0215 Prisondefined. Prison means any place designatedby law for the keeping of persons held in custody under process of law, orunder lawful arrest.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.022 Prisonerdefined. Prisoner includes any person heldin custody under process of law, or under lawful arrest.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0225 Propertydefined. Property includes both real and personalproperty.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.023 Railwayor railroad defined. Railway or railroadincludes all railways, railroads and street railways, whether operated bysteam, electricity or any other motive power.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0235 Realproperty defined. Real property includesevery estate, interest and right in lands, tenements and hereditaments,corporeal or incorporeal.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.024 Signaturedefined. Signature includes any memorandum,mark or sign made with intent to authenticate any instrument or writing, or thesubscription of any person thereto.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.0245 Writingdefined. Writing includes printing.

[Part 1911 C&P 29; RL 6294; NCL 9978](NRSA 1973, 355; 1983, 815; 1985, 510)

NRS 193.030 Constructionof provisions of title. Every provision ofthis title shall be construed according to the fair import of its terms.

[1911 C&P 30; RL 6295; NCL 9979]

NRS 193.040 Intentto defraud. Whenever an intent to defraud:

1. Shall be made an element of an offense, it shall besufficient if an intent appears to defraud any person, association or bodypolitic or corporation, whatever.

2. Constitutes a part of a crime, it is not necessaryto aver or prove an intent to defraud any particular person.

[Part 1911 C&P 29; RL 6294; NCL 9978] +[1911 C&P 41; RL 6306; NCL 9990]

NRS 193.045 Repeatedconviction as element or aggravation of offense: Place of former convictionimmaterial. Wherever it is provided in anysection of this title that a repeated conviction constitutes an element of anoffense or aggravates an offense and affects the determination of penalty, itis immaterial whether such former conviction was obtained in Nevada orelsewhere.

(Added to NRS by 1967, 459)

NRS 193.050 Conductconstituting crime; prohibited or unlawful acts; common law.

1. No conduct constitutes a crime unless prohibited bysome statute of this State or by some ordinance or like enactment of apolitical subdivision of this State.

2. An act which is declared to be unlawful by anystatute, ordinance or like enactment is prohibited within the meaning of thissection and of NRS 193.170.

3. The provisions of the common law relating to thedefinition of public offenses apply to any public offense which is soprohibited but is not defined, or which is so prohibited but is incompletelydefined.

4. This section does not affect the power of a courtto punish for contempt or to employ any sanction authorized by law for theenforcement of an order or a civil judgment or decree.

[1911 C&P 35; RL 6300; NCL 9984](NRS A1967, 458)

NRS 193.060 Constructionof provisions similar to existing laws. Theprovisions of this title, insofar as they are substantially the same asexisting statutes, shall be construed as continuations thereof and not as newenactments.

[1911 C&P 36; RL 6301; NCL 9985]

NRS 193.070 Effectof provisions upon past offenses. Nothingcontained in any provision of this title shall apply to an offense committed oract done at any time before the day when this title shall take effect. Such anoffense shall be punished according to, and such act shall be governed by, theprovisions of law existing when it is done or committed, in the same manner asif this title had not been passed.

[1911 C&P 31; RL 6296; NCL 9980]

NRS 193.075 Effectof repeal of statute: Penalty previously imposed; prior violations.

1. Any repeal, express or implied, of any statuteshall not release or extinguish any penalty, forfeiture or liability incurredunder such statute, unless the repealing act expressly so provides.

2. The repeal of any law creating a criminal offensedoes not constitute a bar to the indictment or information and punishment of anact already committed in violation of the law so repealed, unless the intentionto bar the indictment and information and punishment is expressly declared inthe repealing statute.

(Added to NRS by 1971, 144)

NRS 193.080 Applicationto existing civil rights. Nothing in thistitle shall be deemed to affect any civil right or remedy existing at the timewhen it shall take effect by virtue of the common law or of the provision ofany statute.

[1911 C&P 32; RL 6297; NCL 9981]

NRS 193.090 Civilremedies preserved. The omission to specify oraffirm in this title any liability to any damages, penalty, forfeiture or otherremedy imposed by law, and allowed to be recovered or enforced in any civilaction or proceeding, for any act or omission declared punishable in thistitle, shall not affect any right to recover or enforce the same.

[1911 C&P 37; RL 6302; NCL 9986]

NRS 193.100 Proceedingsto impeach or remove officers and others preserved. Theomission to specify or affirm in this title any ground of forfeiture of apublic office, or other trust or special authority conferred by law, or anypower conferred by law to impeach, remove, depose or suspend any public officeror other person holding any trust, appointment or other special authorityconferred by law, shall not affect such forfeiture or power, or any proceedingauthorized by law to carry into effect such impeachment, removal, deposition orsuspension.

[1911 C&P 33; RL 6298; NCL 9982]

NRS 193.105 Terminationof employment, removal from office or impeachment of public employee or officerupon conviction for sale of controlled substance.

1. If, during the course of his employment, anemployee of the State or of any political subdivision of the State is convictedon or after October 1, 1989, of violating any federal or state law prohibitingthe sale of any controlled substance, the employer upon discovery of theconviction shall terminate the employment of the employee.

2. If, during the course of his tenure in office, anofficer of any county, city or township of the State is convicted on or afterOctober 1, 1989, of violating any federal or state law prohibiting the sale ofany controlled substance, the court as part of the penalty for such aconviction shall remove the officer from his office.

3. If, during the course of his tenure in office, anelected 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 anycontrolled substance, the prosecuting officer who obtained the conviction shallfile a certified copy of the judgment roll with the Secretary of State. TheSecretary of State shall lay the certified copy of the judgment roll before theAssembly at its next session for the preparation of articles of impeachment.

4. This section does not apply to a justice or judgeof the court system.

(Added to NRS by 1989, 186)

NRS 193.110 Authorityof courts-martial unaffected; punishment for contempt unaffected. This title does not affect any power conferred by law uponany court-martial, or other military authority, or officer, to impose orinflict punishment upon offenders; nor any power conferred by law upon anypublic body, tribunal or officer, to impose or inflict punishment for acontempt.

[1911 C&P 34; RL 6299; NCL 9983]

NRS 193.120 Classificationof crimes.

1. A crime is an act or omission forbidden by law andpunishable upon conviction by death, imprisonment, fine or other penaldiscipline.

2. Every crime which may be punished by death or byimprisonment 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 amisdemeanor.

4. Every other crime is a gross misdemeanor.

[1911 C&P 1; RL 6266; NCL 9950](NRS A1981, 651)

NRS 193.130 Categoriesand punishment of felonies.

1. Except when a person is convicted of acategory A felony, and except as otherwise provided by specific statute, aperson convicted of a felony shall be sentenced to a minimum term and a maximumterm of imprisonment which must be within the limits prescribed by theapplicable statute, unless the statute in force at the time of commission ofthe felony prescribed a different penalty. The minimum term of imprisonmentthat 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 asentence of death or imprisonment in the state prison for life with or withoutthe possibility of parole may be imposed, as provided by specific statute.

(b) A category B felony is a felony for which theminimum term of imprisonment in the state prison that may be imposed is notless than 1 year and the maximum term of imprisonment that may be imposed is notmore than 20 years, as provided by specific statute.

(c) A category C felony is a felony for which a courtshall sentence a convicted person to imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than 5years. In addition to any other penalty, the court may impose a fine of notmore than $10,000, unless a greater fine is authorized or required by statute.

(d) A category D felony is a felony for which a courtshall sentence a convicted person to imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than 4years. In addition to any other penalty, the court may impose a fine of notmore than $5,000, unless a greater fine is authorized or required by statute.

(e) A category E felony is a felony for which a courtshall sentence a convicted person to imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than 4years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100, upon sentencing a personwho is found guilty of a category E felony, the court shall suspend theexecution of the sentence and grant probation to the person upon suchconditions as the court deems appropriate. Such conditions of probation mayinclude, but are not limited to, requiring the person to serve a term ofconfinement of not more than 1 year in the county jail. In addition to anyother penalty, the court may impose a fine of not more than $5,000, unless agreater penalty is authorized or required by statute.

[1911 C&P 18; RL 6283; NCL 9967](NRS A1967, 458; 1995, 1167; 1997, 1177; 1999, 1186)

NRS 193.140 Punishmentof gross misdemeanors. Every person convictedof a gross misdemeanor shall be punished by imprisonment in the county jail fornot more than 1 year, or by a fine of not more than $2,000, or by both fine andimprisonment, unless the statute in force at the time of commission of suchgross misdemeanor prescribed a different penalty.

[1911 C&P 19; RL 6284; NCL 9968](NRS A1967, 459; 1981, 652)

NRS 193.150 Punishmentof misdemeanors.

1. Every person convicted of a misdemeanor shall bepunished by imprisonment in the county jail for not more than 6 months, or by afine of not more than $1,000, or by both fine and imprisonment, unless thestatute in force at the time of commission of such misdemeanor prescribed adifferent penalty.

2. In lieu of all or a part of the punishment whichmay be imposed pursuant to subsection 1, the convicted person may be sentencedto perform a fixed period of community service pursuant to the conditionsprescribed in NRS 176.087.

[1911 C&P 20; RL 6285; NCL 9969](NRS A1967, 459; 1981, 487, 652; 1991, 1931; 2001 Special Session,136)

NRS 193.155 Penaltyfor public offense proportionate to value of property affected or lossresulting from offense. Every person who isguilty of a public offense proportionate to the value of the property affectedor the loss resulting from the offense shall be punished as follows:

1. Where the value of the loss is $5,000 or more orwhere the damage results in impairment of public communication, transportationor 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 butless than $5,000, for a gross misdemeanor.

3. Where the value of the loss is $25 or more but lessthan $250, for a misdemeanor.

4. Where the value of the loss is less than $25, by afine of not more than $500.

(Added to NRS by 1967, 459; A 1995, 1168)

NRS 193.160 Penaltyfor misdemeanor by corporations when not fixed by statute. In all cases where a corporation is convicted of anoffense for the commission of which a natural person would be punishable as fora misdemeanor, and there is no other punishment prescribed by law, thecorporation is punishable by a fine not exceeding $1,000.

[1911 C&P 21; RL 6286; NCL 9970](NRS A1981, 652)

NRS 193.1605 Minimumpunishment for gross misdemeanor committed on property of school, at activitysponsored by school or on school bus.

1. Any person who commits a gross misdemeanor on theproperty of a public or private school, at an activity sponsored by a public orprivate school, or on a school bus or at a bus stop used to load and unload aschool bus while the bus is engaged in its official duties:

(a) Shall be punished by imprisonment in the countyjail for not fewer than 15 days but not more than 1 year; and

(b) In addition to imprisonment, may be punished by afine of not more than $2,000.

2. For the purposes of this section, school bus hasthe meaning ascribed to it in NRS 483.160.

(Added to NRS by 1997, 1281)

NRS 193.161 Additionalor alternative penalty: Felony committed on property of school, at activitysponsored by school or on school bus.

1. Except as otherwise provided in subsection 2 and NRS 193.169, any person who commits afelony on the property of a public or private school, at an activity sponsoredby a public or private school or on a school bus while the bus is engaged inits official duties shall be punished by imprisonment in the state prison for aterm equal to and in addition to the term of imprisonment prescribed by statutefor the crime. The sentence prescribed by this section must run consecutivelywith the sentence prescribed by statute for the crime.

2. Unless agreater penalty is provided by specific statute and except as otherwiseprovided in NRS 193.169, in lieu of anadditional term of imprisonment as provided pursuant to subsection 1, if afelony that resulted in death or substantial bodily harm to the victim wascommitted on the property of a public or private school when pupils oremployees of the school were present or may have been present, at an activitysponsored by a public or private school or on a school bus while the bus was engagedin its official duties, and the person who committed the felony intended tocreate a great risk of death or substantial bodily harm to more than one personby means of a weapon, device or course of action that would normally behazardous to the lives of more than one person, the felony may be deemed acategory A felony and the person who committed the felony may be punished byimprisonment in the state prison:

(a) For lifewithout the possibility of parole;

(b) For life withthe possibility of parole, with eligibility for parole beginning when a minimumof 20 years has been served; or

(c) For a definiteterm of 50 years, with eligibility for parole beginning when a minimum of 20years has been served.

3. Subsection 1 does not create a separate offense butprovides an additional penalty for the primary offense, the imposition of whichis contingent upon the finding of the prescribed fact. Subsection 2 does notcreate a separate offense but provides an alternative penalty for the primaryoffense, the imposition of which is contingent upon the finding of theprescribed fact.

4. For the purposes of this section, school bus hasthe meaning ascribed to it in NRS 483.160.

(Added to NRS by 1989, 2065; A 1991, 1058; 1995,1424; 1999, 1334)

NRS 193.162 Additionalpenalty: 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 assistanceof a child:

(a) Commits a crime that is punishable as a category Aor a category B felony shall be punished by imprisonment in the state prisonfor an additional term equal to the term of imprisonment prescribed by statutefor the crime.

(b) Commits any felony other than a category A or acategory B felony shall be punished by imprisonment in the state prison for anadditional term not less than 25 percent and not more than 100 percent of theterm of imprisonment prescribed by statute for the crime.

An additionalsentence prescribed by this section runs consecutively with the sentenceprescribed by statute for the crime.

2. This section does not create a separate offense butprovides an additional penalty for the primary offense, whose imposition iscontingent upon the finding of the prescribed fact.

3. As used in this section:

(a) Adult means a person who is 18 years of age orolder.

(b) Child means a person who is less than 18 years ofage.

(Added to NRS by 1997, 260)

NRS 193.163 Additionalpenalty: Use of handgun containing metal-penetrating bullet in commission ofcrime.

1. Except as otherwise provided in NRS 193.169, any person who uses a handguncontaining a metal-penetrating bullet in the commission of a crime shall be punishedby imprisonment in the state prison for a term equal to and in addition to theterm of imprisonment prescribed by statute for the crime. The sentenceprescribed by this section runs consecutively with the sentence prescribed bystatute for the crime.

2. This section does not create a separate offense butprovides an additional penalty for the primary offense, whose imposition iscontingent upon the finding of the prescribed fact.

3. As used in this section, metal-penetrating bullethas the meaning ascribed to it in NRS202.273.

(Added to NRS by 1983, 800; A 1991, 1059)

NRS 193.165 Additionalpenalty: Use of deadly weapon or tear gas in commission of crime; restrictionon probation.

1. Except as otherwise provided in NRS 193.169, any person who uses a firearmor other deadly weapon or a weapon containing or capable of emitting tear gas,whether or not its possession is permitted by NRS202.375, in the commission of a crime shall be punished by imprisonment inthe state prison for a term equal to and in addition to the term ofimprisonment prescribed by statute for the crime. The sentence prescribed bythis section runs consecutively with the sentence prescribed by statute for thecrime.

2. This section does not create any separate offensebut provides an additional penalty for the primary offense, whose imposition iscontingent upon the finding of the prescribed fact.

3. The provisions of subsections 1 and 2 do not applywhere the use of a firearm, other deadly weapon or tear gas is a necessaryelement of such crime.

4. The court shall not grant probation to or suspendthe sentence of any person who is convicted of using a firearm, other deadlyweapon 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.

5. As used in this section, deadly weapon means:

(a) Any instrument which, if used in the ordinarymanner contemplated by its design and construction, will or is likely to causesubstantial bodily harm or death;

(b) Any weapon, device, instrument, material orsubstance which, under the circumstances in which it is used, attempted to beused or threatened to be used, is readily capable of causing substantial bodilyharm or death; or

(c) A dangerous or deadly weapon specifically describedin NRS 202.255, 202.265, 202.290,202.320 or 202.350.

(Added to NRS by 1973, 1593; A 1975, 720; 1979, 225;1981, 2050; 1991, 1059; 1995, 1431)

NRS 193.166 Additionalpenalty: Felony committed in violation of order for protection or order torestrict conduct.

1. Except as otherwise provided in NRS 193.169, a person who commits a crimethat is punishable as a felony, other than a crime that is punishable as afelony pursuant to subsection 5 of NRS200.591, in violation of:

(a) A temporary or extended order for protectionagainst domestic violence issued pursuant to NRS33.020;

(b) An order for protection against harassment in theworkplace issued pursuant to NRS 33.270;

(c) A temporary or extended order for the protection ofa child issued pursuant to NRS 33.400;

(d) An order for protection against domestic violenceissued in an action or proceeding brought pursuant to title 11 of NRS; or

(e) A temporary or extended order issued pursuant to NRS 200.591,

shall bepunished by imprisonment in the state prison, except as otherwise provided inthis subsection, for a term equal to and in addition to the term of imprisonmentprescribed by statute for that crime. If the crime committed by the person ispunishable as a category A felony or category B felony, in addition to the termof imprisonment prescribed by statute for that crime, the person shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 5 years. The sentenceprescribed by this section runs concurrently or consecutively with the sentenceprescribed by statute for the crime, as ordered by the court.

2. The court shall not grant probation to or suspendthe sentence of any person convicted of attempted murder, battery which involvesthe use of a deadly weapon, or battery which results in substantial bodily harmif an additional term of imprisonment may be imposed for that primary offensepursuant to this section.

3. This section does not create a separate offense butprovides an additional penalty for the primary offense, whose imposition iscontingent upon the finding of the prescribed fact.

(Added to NRS by 2003, 1514; A 2005, 953)

NRS 193.167 Additionalpenalty: Certain crimes committed against person 60 years of age or older oragainst vulnerable person.

1. Except as otherwise provided in NRS 193.169, any person who commits thecrime 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$250 or more;

(i) Obtaining money or property of a value of $250 ormore by false pretenses; or

(j) Taking money or property from the person ofanother,

against anyperson who is 60 years of age or older or against a vulnerable person shall be punishedby imprisonment in the county jail or state prison, whichever applies, for aterm equal to and in addition to the term of imprisonment prescribed by statutefor the crime. The sentence prescribed by this subsection must run consecutivelywith the sentence prescribed by statute for the crime.

2. Except as otherwise provided in NRS 193.169, any person who commits acriminal violation of the provisions of chapter 90or 91 of NRS against any person who is 60years of age or older or against a vulnerable person shall be punished byimprisonment in the county jail or state prison, whichever applies, for a termequal to and in addition to the term of imprisonment prescribed by statute forthe criminal violation. The sentence prescribed by this subsection must runconsecutively with the sentence prescribed by statute for the criminalviolation.

3. This section does not create any separate offensebut provides an additional penalty for the primary offense, whose imposition iscontingent upon the finding of the prescribed fact.

4. As used in this section, vulnerable person hasthe meaning ascribed to it in subsection 7 of NRS 200.5092.

(Added to NRS by 1979, 831; A 1989, 1850; 1991, 1059;1993, 1; 1999, 42; 2003, 2566; 2005, 1106)

NRS 193.1675 Additionalpenalty: Commission of crime because of certain actual or perceivedcharacteristics of victim.

1. Except as otherwise provided in NRS 193.169, any person who willfullyviolates any provision of NRS 200.280, 200.310, 200.366,200.380, 200.400, 200.460to 200.465, inclusive, paragraph (b) ofsubsection 2 of NRS 200.471, NRS 200.508, 200.5099 or subsection 2 of NRS 200.575 because the actual or perceivedrace, color, religion, national origin, physical or mental disability or sexualorientation of the victim was different from that characteristic of theperpetrator may be punished by imprisonment in the state prison for anadditional term not to exceed 25 percent of the term of imprisonment prescribedby statute for the crime.

2. This section does not create a separate offense butprovides an additional penalty for the primary offense, whose imposition iscontingent upon the finding of the prescribed fact.

(Added to NRS by 1995, 2704; A 1997, 59, 1347; 2001, 664; 2005, 87)

NRS 193.168 Additionalpenalty: Felony committed to promote activities of criminal gang; restrictionon probation; expert testimony.

1. Except as otherwise provided in NRS 193.169, any person who is convicted ofa felony committed knowingly for the benefit of, at the direction of, or inaffiliation with, a criminal gang, with the specific intent to promote, furtheror assist the activities of the criminal gang, shall be punished byimprisonment in the state prison for a term equal to and in addition to theterm of imprisonment prescribed by the statute for the crime. The sentenceprescribed by this section must run consecutively with the sentence prescribedby statute for the crime.

2. This section does not create any separate offensebut provides an additional penalty for the primary offense, whose imposition iscontingent upon the finding of the prescribed fact.

3. The court shall not impose an additional penaltypursuant to this section unless:

(a) The indictment or information charging thedefendant with the primary offense alleges that the primary offense wascommitted knowingly for the benefit of, at the direction of, or in affiliationwith, a criminal gang, with the specific intent to promote, further or assistthe activities of the criminal gang; and

(b) The trier of fact finds that allegation to be truebeyond a reasonable doubt.

4. Except as otherwise provided in this subsection,the court shall not grant probation to or suspend the sentence of any personconvicted of a felony committed for the benefit of, at the direction of, or inaffiliation with a criminal gang if an additional term of imprisonment may beimposed for that primary offense pursuant to this section. The court may, uponthe receipt of an appropriate motion, reduce or suspend the sentence imposedfor the primary offense if it finds that the defendant rendered substantialassistance in the arrest or conviction of any other principals, accomplices,accessories or coconspirators to the crime, or of any other persons involved inthe commission of a felony which was committed for the benefit of, at thedirection of, or in affiliation with a criminal gang. The agency which arrestedthe defendant must be given an opportunity to support or oppose such a motionbefore it is granted or denied. If good cause is shown, the motion may be heardin camera.

5. In any proceeding to determine whether anadditional penalty may be imposed pursuant to this section, expert testimony isadmissible to show particular conduct, status and customs indicative ofcriminal gangs, including, but not limited to:

(a) Characteristics of persons who are members ofcriminal gangs;

(b) Specific rivalries between criminal gangs;

(c) Common practices and operations of criminal gangsand the members of those gangs;

(d) Social customs and behavior of members of criminalgangs;

(e) Terminology used by members of criminal gangs;

(f) Codes of conduct, including criminal conduct, ofparticular criminal gangs; and

(g) The types of crimes that are likely to be committedby a particular criminal gang or by criminal gangs in general.

6. As used in this section, criminal gang means anycombination of persons, organized formally or informally, so constructed thatthe organization will continue its operation even if individual members enteror leave the organization, which:

(a) Has a common name or identifying symbol;

(b) Has particular conduct, status and customsindicative of it; and

(c) Has as one of its common activities engaging incriminal activity punishable as a felony, other than the conduct which constitutesthe primary offense.

(Added to NRS by 1991, 1057)

NRS 193.1685 Additionalor 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 afelony with the intent to commit, cause, aid, further or conceal an act ofterrorism shall be punished by imprisonment in the state prison for a termequal to and in addition to the term of imprisonment prescribed by statute forthe crime. The sentence prescribed by this section must run consecutively withthe sentence prescribed by statute for the crime.

2. Unless a greater penalty is provided by specificstatute and except as otherwise provided in NRS193.169, in lieu of an additional term of imprisonment as provided pursuantto subsection 1, if a felony that resulted in death or substantial bodily harmto the victim was committed with the intent to commit, cause, aid, further orconceal an act of terrorism, the felony may be deemed a category A felony andthe person who committed the felony may be punished by imprisonment in thestate prison:

(a) For life without the possibility of parole;

(b) For life with the possibility of parole, witheligibility for parole beginning when a minimum of 20 years has been served; or

(c) For a definite term of 50 years, with eligibilityfor parole beginning when a minimum of 20 years has been served.

3. Subsection 1 does not create a separate offense butprovides an additional penalty for the primary offense, the imposition of whichis contingent upon the finding of the prescribed fact. Subsection 2 does notcreate a separate offense but provides an alternative penalty for the primaryoffense, the imposition of which is contingent upon the finding of theprescribed fact.

4. The provisions of this section do not apply to anoffense committed in violation of NRS202.445.

5. As used in this section, act of terrorism has themeaning ascribed to it in NRS 202.4415.

(Added to NRS by 2003, 2943)

NRS 193.169 Additionalor alternative penalty: Limitation on imposition; alternative allegations.

1. A person who is sentenced to an additional term ofimprisonment 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 anadditional term of imprisonment pursuant to any of the other listed sectionseven if the persons conduct satisfies the requirements for imposing an additionalterm of imprisonment pursuant to another one or more of those sections.

2. A person whois sentenced to an alternative term of imprisonment pursuant to subsection 2 ofNRS 193.161, subsection 2 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to anadditional 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 persons conductsatisfies the requirements for imposing an additional term of imprisonmentpursuant to another one or more of those sections.

3. This section does not:

(a) Affect other penalties or limitations uponprobation or suspension of a sentence contained in the sections listed insubsection 1 or 2.

(b) Prohibit alleging in the alternative in theindictment or information that the persons conduct satisfies the requirementsof more than one of the sections listed in subsection 1 or 2 and introducingevidence to prove the alternative allegations.

(Added to NRS by 1991, 1058; A 1995, 2704; 1997, 260;1999, 1335; 2003, 339, 871, 1515, 2944; 2005, 946)

NRS 193.170 Prohibitedact is misdemeanor when no penalty imposed. Wheneverthe performance of any act is prohibited by any statute, and no penalty for theviolation of such statute is imposed, the committing of such act shall be a misdemeanor.

[1911 C&P 23; RL 6288; NCL 9972]

NRS 193.190 Toconstitute 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.

[1911 C&P 6; RL 6271; NCL 9955]

NRS 193.200 Intent:How manifested. Intention is manifested by thecircumstances connected with the perpetration of the offense, and the soundmind and discretion of the person accused.

[1911 C&P 7; RL 6272; NCL 9956]

NRS 193.210 Whenperson considered to be of sound mind. Aperson is of sound mind who is not affected with insanity and who has arrivedat the age of 14 years, or before that age if he knew the distinction betweengood and evil.

[1911 C&P 4; RL 6269; NCL 9953](NRS A 1995,2466; 2001 SpecialSession, 136; 2003,1480)

NRS 193.220 Whenvoluntary intoxication may be considered. Noact committed by a person while in a state of voluntary intoxication shall bedeemed less criminal by reason of his condition, but whenever the actualexistence of any particular purpose, motive or intent is a necessary element toconstitute a particular species or degree of crime, the fact of hisintoxication may be taken into consideration in determining the purpose, motiveor intent.

[1911 C&P 17; RL 6282; NCL 9966](NRS A1995, 2466; 2003,1480)

NRS 193.230 Lawfulresistance to commission of public offense: Who may make. Lawful resistance to the commission of a public offensemay be made:

1. By the party about to be injured.

2. By other parties.

(Added to NRS by 1967, 1469)

NRS 193.240 Resistanceby party about to be injured. Resistance sufficientto prevent the offense may be made by the party about to be injured:

1. To prevent an offense against his person, or hisfamily or some member thereof.

2. To prevent an illegal attempt, by force, to take orinjure property in his lawful possession.

(Added to NRS by 1967, 1469)

NRS 193.250 Resistanceby other persons. Any other person, in aid ordefense of a person about to be injured, may make resistance sufficient toprevent the offense.

(Added to NRS by 1967, 1469)

NRS 193.260 Personsacting by command of officers of justice. Wheneverthe officers of justice are authorized to act in the prevention of publicoffenses, other persons, who by their command act in their aid, are justifiedin so doing.

(Added to NRS by 1967, 1469)

NRS 193.270 Actspunishable under foreign law. An act oromission punishable as a crime in this state is not less so because it is alsopunishable under the laws of another state, government or country, unless thecontrary is expressly declared in the law relating thereto.

[1911 C&P 39; RL 6304; NCL 9988](Substituted in revision for NRS 208.010)

NRS 193.280 Foreignconviction or acquittal is sufficient defense. Whenever,upon the trial of any person for a crime, it appears that the offense was committedin another state or country, under such circumstances that the courts of thisstate had jurisdiction thereof, and that the defendant has already beenacquitted or convicted upon the merits, upon a criminal prosecution under thelaws of such state or country, founded upon the act or omission with respect towhich he is upon trial, such former acquittal or conviction is a sufficientdefense.

[1911 C&P 14; RL 6279; NCL 9963](Substituted in revision for NRS 208.020)

NRS 193.290 Convictionor acquittal in other county is sufficient defense. Whenever,upon the trial of any person for a crime, it shall appear that the defendanthas already been acquitted or convicted upon the merits, of the same crime, ina court having jurisdiction of such offense in another county of this state,such former acquittal or conviction is a sufficient defense.

[1911 C&P 15; RL 6280; NCL 9964](Substituted in revision for NRS 208.030)

NRS 193.300 Punishmentfor contempt. A criminal act which at the sametime constitutes contempt of court, and has been punished as such, may also bepunished as a crime, but in such case the punishment for contempt may be consideredin mitigation.

[1911 C&P 40; RL 6305; NCL 9989](Substituted in revision for NRS 208.040)

NRS 193.310 Sendingletters: When offense deemed complete; venue. Wheneverany statute makes the sending of a letter criminal, the offense shall be deemedcomplete from the time it is deposited in any post office or other place, ordelivered to any person with intent that it shall be forwarded; and the sendermay be proceeded against in the county wherein it was so deposited ordelivered, or in which it was received by the person to whom it was addressed.

[1911 C&P 42; RL 6307; NCL 9991](Substituted in revision for NRS 208.050)

NRS 193.320 Omissionto perform duty: When not punishable. No personshall be punished for an omission to perform an act when such act has been performedby another acting in his behalf and competent to perform it.

[1911 C&P 16; RL 6281; NCL 9965](Substituted in revision for NRS 208.060)

NRS 193.330 Punishmentfor attempts.

1. An act done with the intent to commit a crime, andtending but failing to accomplish it, is an attempt to commit that crime. Aperson who attempts to commit a crime, unless a different penalty is prescribedby statute, shall be punished as follows:

(a) If the person is convicted of:

(1) Attempt to commit a category A felony, for acategory B felony by imprisonment in the state prison for a minimum term of notless than 2 years and a maximum term of not more than 20 years.

(2) Attempt to commit a category B felony forwhich the maximum term of imprisonment authorized by statute is greater than 10years, for a category B felony by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than 10years.

(3) Attempt to commit a category B felony forwhich the maximum term of imprisonment authorized by statute is 10 years orless, for a category C felony as provided in NRS193.130.

(4) Attempt to commit a category C felony, for acategory D felony as provided in NRS 193.130,or for a gross misdemeanor by imprisonment in the county jail for not more than1 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 acategory E felony as provided in NRS 193.130,or for a gross misdemeanor by imprisonment in the county jail for not more than1 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 acategory E felony as provided in NRS 193.130,or for a gross misdemeanor by imprisonment in the county jail for not more than1 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 amisdemeanor, a gross misdemeanor or a felony for which a category is notdesignated by statute, by imprisonment for not more than one-half the longestterm authorized by statute, or by a fine of not more than one-half the largestsum, prescribed upon conviction for the commission of the offense attempted, orby both fine and imprisonment.

2. Nothing in this section protects a person who, inan unsuccessful attempt to commit one crime, does commit another and differentone, from the punishment prescribed for the crime actually committed. A personmay be convicted of an attempt to commit a crime, although it appears on thetrial that the crime was consummated, unless the court in its discretiondischarges the jury and directs the defendant to be tried for the crime itself.

[1911 C&P 26; RL 6291; NCL 9975](NRS A1981, 158; 1995, 1168; 1997, 1178)

NRS 193.340 Requireddisclosure 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 theprovisions of 18 U.S.C. 2703 is guilty of a misdemeanor and shall be punishedby a fine of not less than $50 or more than $500 for each violation.

2. In investigating criminal activity that involves ormay 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 policedepartment of any municipality in this State, the head of any department ofthis State engaged in the enforcement of any criminal law of this State and anysheriff or chief of police of a municipality may, if there is reasonable causeto believe that an individual subscriber or customer of a provider of Internetservice has committed an offense through the use of the services of the providerof Internet service, issue a subpoena to carry out the procedure set forth in18 U.S.C. 2703 to compel the provider of Internet service to provideinformation concerning the individual subscriber or customer that the providerof Internet service is required to disclose pursuant to 18 U.S.C. 2703.

3. If a person who has been issued a subpoena pursuantto subsection 2 charges a fee for providing the information, the fee must notexceed the actual cost for providing the information.

4. If a person who has been issued a subpoena pursuantto subsection 2 refuses to produce any information that the subpoena requires,the person who issued the subpoena may apply to the district court for thejudicial district in which the investigation is being carried out for theenforcement of the subpoena in the manner provided by law for the enforcementof a subpoena in a civil action.

5. As used in this section, provider of Internetservice has the meaning ascribed to it in NRS205.4758, but does not include a public library when it is engaged inproviding access to the Internet.

(Added to NRS by 2001, 2784; A 2003, 429)

 

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