2005 Nevada Revised Statutes - Chapter 197 — Crimes By and Against the Executive Power of This State

CHAPTER 197 - CRIMES BY AND AGAINST THEEXECUTIVE POWER OF THIS STATE

NRS 197.010 Briberyof executive or administrative officer.

NRS 197.020 Briberyof other public officers.

NRS 197.030 Askingor receiving bribe by executive or administrative officer.

NRS 197.040 Askingor receiving bribe by public officer or employee.

NRS 197.050 Rebateor division of salary unlawful.

NRS 197.060 Unlawfulto agree to divide salary.

NRS 197.070 Paymentof bona fide debt by deputy or attache.

NRS 197.080 Offeringreward for appointment.

NRS 197.090 Interferingwith public officer.

NRS 197.100 Influencingpublic officer.

NRS 197.110 Misconductof public officer.

NRS 197.120 Falseimpersonation of public officer; intrusion into and refusal to surrender publicoffice.

NRS 197.130 Falsereport by public officer.

NRS 197.140 Publicofficer making false certificate.

NRS 197.150 Falselyauditing or paying claim.

NRS 197.160 Fraudulentlypresenting claim to public officer.

NRS 197.170 Extortionby public officer or employee.

NRS 197.180 Wrongfulexercise of official power.

NRS 197.190 Obstructingpublic officer.

NRS 197.200 Oppressionunder color of office.

NRS 197.210 Fraudulentappropriation of property.

NRS 197.220 Otherviolations by officers.

NRS 197.230 Convictionof public officer forfeits trust.

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NRS 197.010 Briberyof executive or administrative officer. Aperson who gives, offers or promises, directly or indirectly, any compensation,gratuity or reward to any executive or administrative officer of the State,with the intent to influence him with respect to any act, decision, vote,opinion or other proceeding, as such officer, is guilty of a category C felonyand shall be punished as provided in NRS193.130.

[Part 1911 C&P 46; RL 6311; NCL 9995](NRSA 1967, 460; 1979, 1417; 1995, 1170)

NRS 197.020 Briberyof other public officers. A person who gives,offers or promises, directly or indirectly, any compensation, gratuity orreward to a person executing any of the functions of a public officer otherthan as specified in NRS 197.010, 199.010 and 218.590, with the intent to influence himwith respect to any act, decision, vote or other proceeding in the exercise ofhis powers or functions, is guilty of a category C felony and shall be punishedas provided in NRS 193.130.

[Part 1911 C&P 46; RL 6311; NCL 9995](NRSA 1967, 460; 1979, 1417; 1995, 1170)

NRS 197.030 Askingor receiving bribe by executive or administrative officer. An executive or administrative officer or person electedor appointed to an executive or administrative office who asks or receives,directly or indirectly, any compensation, gratuity or reward, or any promisethereof, upon an agreement or understanding that his vote, opinion or actionupon any matter then pending, or which may by law be brought before him in hisofficial capacity, will be influenced thereby, is guilty of a category C felonyand shall be punished as provided in NRS193.130.

[Part 1911 C&P 47; RL 6312; NCL 9996](NRSA 1967, 460; 1979, 1418; 1995, 1170)

NRS 197.040 Askingor receiving bribe by public officer or employee. Aperson who executes any of the functions of a public office not specified in NRS 197.030, 199.020 or 218.600, and a person employed by or actingfor the State or for any public officer in the business of the State, who asksor receives, directly or indirectly, any compensation, gratuity or reward, orany promise thereof, upon an agreement or understanding that his vote, opinion,judgment, action, decision or other official proceeding will be influenced thereby,or that he will do or omit any act or proceeding or in any way neglect orviolate any official duty, is guilty of a category C felony and shall bepunished as provided in NRS 193.130.

[Part 1911 C&P 47; RL 6312; NCL 9996](NRSA 1967, 460; 1979, 1418; 1995, 1171)

NRS 197.050 Rebateor division of salary unlawful.

1. It is unlawful for any state, county or municipalofficer to offer or agree to appoint, or for any person whatever to offer toprocure, or to offer to aid in procuring, the appointment of any deputy officeror attache of the state, county or municipal government of this state, for anyconsideration contemplating any division or rebate of the salary of the deputyor attache during his term of office, or for any monetary or other valuableconsideration whatsoever, or, after such an appointment is made, to receive orto accept any portion of the salary of the deputy or attache, or to receive anymoney or other valuable reward whatsoever, as a consideration for retaining thedeputy or attache, or as a consideration for procuring, or for aid in obtainingthe procuring of, the retention of the deputy or attache in any position towhich he may be or has been appointed, or for any purpose whatsoever except inpayment of a bona fide debt as provided in NRS197.070.

2. A person who violates any of the provisions ofsubsection 1 commits bribery which is a category D felony and shall be punishedas provided in NRS 193.130.

[1911 C&P 48; RL 6313; NCL 9997] + [Part1911 C&P 51; RL 6316; NCL 10000](NRS A 1967, 461; 1995, 1171)

NRS 197.060 Unlawfulto agree to divide salary.

1. It is unlawful for any deputy officer or attache ofthe state, county or municipal government of this state to rebate, refund, payor divide, to or with his principal or to or with any person whatever, any partor portion of his salary or compensation now fixed, or that may hereafter befixed or established, by law, as a consideration either for the making or forthe procuring of such an appointment, or for aid in procuring the same, or forthe retention, or for the procuring or aid in procuring the retention, of suchan appointment as deputy or attache, or to make any division or payment out ofhis salary to this end, except in payment of a bona fide debt as provided in NRS 197.070.

2. A person who violates any of the provisions ofsubsection 1 commits bribery which is a category D felony and shall be punishedas provided in NRS 193.130.

[1911 C&P 49; RL 6314; NCL 9998] + [Part1911 C&P 51; RL 6316; NCL 10000](NRS A 1967, 461; 1995, 1171)

NRS 197.070 Paymentof bona fide debt by deputy or attache. Nothingin NRS 197.050 and 197.060 shall be construed to relieve anydeputy officer or attache from the payment of a bona fide debt, contracted forvalue received, for which a civil action would lie in a court of law, or toprevent such deputy officer or attache from paying the same out of his salary.

[1911 C&P 50; RL 6315; NCL 9999]

NRS 197.080 Offeringreward for appointment. Every person who shallgive, offer or promise, directly or indirectly, any compensation, gratuity orreward, in consideration that he or another person shall be appointed to apublic office or to a clerkship, deputation or other subordinate position insuch office, or that he or any other person shall be permitted to exercise,perform or discharge any prerogative or duty or receive any emolument of suchoffice, shall be guilty of a gross misdemeanor.

[1911 C&P 52; RL 6317; NCL 10001]

NRS 197.090 Interferingwith public officer. Except undercircumstances where a greater penalty is provided in NRS 200.481, any person who, by means ofany threat, force or violence, attempts to deter or prevent any executive oradministrative officer from performing any duty imposed upon him by law, or whoknowingly resists by force or violence any executive or administrative officerin the performance of his duty, is guilty of a gross misdemeanor.

[1911 C&P 64; RL 6329; NCL 10013](NRS A1981, 11)

NRS 197.100 Influencingpublic officer.

1. Every person who shall ask or receive anycompensation, gratuity or reward, or any promise thereof:

(a) Upon the representation that he can, directly orindirectly, or in consideration that he shall, or shall attempt to, directly orindirectly, influence any public officer, whether executive, administrative,judicial or legislative, to refuse, neglect, or defer the performance of anyofficial duty;

(b) The right to retain or receive which shall beconditioned that such person shall, directly or indirectly, successfullyinfluence by any means whatever any executive, administrative or legislativeofficer, in respect to any act, decision, vote, opinion or other proceeding, assuch officer; or

(c) Upon the representation that he can, directly orindirectly, or in consideration that he shall, or shall attempt to, directly orindirectly, influence any public officer, whether executive, administrative,judicial or legislative, in respect to any act, decision, vote, opinion orother proceeding, as such officer, unless it be clearly understood and agreedin good faith between the parties thereto, on both sides, that no means orinfluence shall be employed except explanation and argument upon the merits,

shall beguilty of a gross misdemeanor.

2. In any prosecution under paragraph (c) ofsubsection 1, evidence of the means actually employed to influence such officershall be admitted as proof of the means originally contemplated by thedefendant.

[1911 C&P 65; RL 6330; NCL 10014]

NRS 197.110 Misconductof public officer. Every public officer who:

1. Asks or receives, directly or indirectly, anycompensation, gratuity or reward, or promise thereof, for omitting or deferringthe performance of any official duty or for any official service which has notbeen actually rendered, except in case of charges for prospective costs or feesdemandable in advance in a case allowed by law; or

2. Employs or uses any person, money or property underhis official control or direction, or in his official custody, for the privatebenefit or gain of himself or another,

is guilty ofa category E felony and shall be punished as provided in NRS 193.130.

[1911 C&P 66; RL 6331; NCL 10015](NRS A1987, 1461; 1999,2747)

NRS 197.120 Falseimpersonation of public officer; intrusion into and refusal to surrender publicoffice. Every person who shall falselypersonate or represent any public officer, or who shall willfully intrudehimself into a public office to which he has not been duly elected orappointed, or who shall willfully exercise any of the functions or perform anyof the duties of such officer, without having duly qualified therefor, asrequired by law, or who, having been an executive or administrative officer, shallwillfully exercise any of the functions of his office after his right to do sohas ceased, or wrongfully refuse to surrender the official seal or any books orpapers appertaining to such office, upon the demand of his lawful successor,shall be guilty of a gross misdemeanor.

[1911 C&P 67; RL 6332; NCL 10016]

NRS 197.130 Falsereport by public officer. Every public officerwho shall knowingly make any false or misleading statement in any officialreport or statement, under circumstances not otherwise prohibited by law, shallbe guilty of a gross misdemeanor.

[1911 C&P 84; RL 6349; NCL 10033]

NRS 197.140 Publicofficer making false certificate. Every publicofficer who, being authorized by law to make or give a certificate or otherwriting, shall knowingly make and deliver as true such a certificate or writingcontaining any statement which he knows to be false, in a case where thepunishment thereof is not expressly prescribed by law, shall be guilty of agross misdemeanor.

[1911 C&P 110; RL 6375; NCL 10059]

NRS 197.150 Falselyauditing or paying claim. A public officer, orperson holding or discharging the duties of any public office or place of trustunder the State or in any county, town or city, a part of whose duty it is toaudit, allow or pay, or take part in auditing, allowing or paying claims ordemands upon the State or a county, town or city, who knowingly audits, allowsor pays, or directly or indirectly consents to or in any way connives in theaudit, allowance or payment of any claim or demand against the State, county,town or city, which is false or fraudulent or contains any charge, item orclaim which is false or fraudulent, shall be punished:

1. Where the amount of the false or fraudulent charge,claim, item or demand is $250 or more, for a category D felony as provided in NRS 193.130. In addition to any otherpenalty, the court shall order the person to pay restitution.

2. Where the amount of the fraudulent charge, claim,item or demand is less than $250, for a misdemeanor.

[1911 C&P 111; RL 6376; NCL 10060](NRS A1967, 461; 1979, 1418; 1989, 1430; 1989, 1430; 1995, 1172)

NRS 197.160 Fraudulentlypresenting claim to public officer. Every personwho, with the intent to defraud, shall knowingly present for audit, allowanceor payment to any officer or board of the State or of any county, city, town,school or other district authorized to audit, allow or pay bills, claims orcharges, any false or fraudulent claim, account, writing or voucher or anybill, account or demand containing false or fraudulent charges, items orclaims, shall be guilty of a gross misdemeanor.

[1911 C&P 450; RL 6715; NCL 10403](NRS A1965, 361)

NRS 197.170 Extortionby public officer or employee. A publicofficer or employee who:

1. Asks, receives or agrees to receive a fee or othercompensation for his official service or his employment either:

(a) In excess of the fee or compensation allowed to himby statute therefor; or

(b) Where a fee or compensation is not allowed to himby statute therefor; or

2. Requests money, property or anything of value whichis not authorized by law, from any person regulated by the public officer oremployee, and in a manner which would cause a reasonable person to beintimidated into complying with the request to avoid the risk of adverse actionby the public officer or employee,

commitsextortion which is a category D felony and shall be punished as provided in NRS 193.130. In addition to any otherpenalty, the court shall order the person to pay restitution.

[1911 C&P 473; RL 6738; NCL 10422](NRS A1967, 462; 1979, 1418; 1995, 1172; 1999, 2747)

NRS 197.180 Wrongfulexercise of official power. Any person who willfullytakes upon himself to exercise or officiate in any office or place of another,without being lawfully authorized thereto, is guilty of a gross misdemeanor.

[1911 C&P 539; RL 6804; NCL 10485](NRS A1967, 462)

NRS 197.190 Obstructingpublic officer. Every person who, after due notice,shall refuse or neglect to make or furnish any statement, report or informationlawfully required of him by any public officer, or who, in such statement,report or information shall make any willfully untrue, misleading orexaggerated statement, or who shall willfully hinder, delay or obstruct any publicofficer in the discharge of his official powers or duties, shall, where noother provision of law applies, be guilty of a misdemeanor.

[1911 C&P 540; RL 6805; NCL 10486]

NRS 197.200 Oppressionunder color of office.

1. An officer, or a person pretending to be anofficer, who unlawfully and maliciously, under pretense or color of officialauthority:

(a) Arrests another or detains him against his will;

(b) Seizes or levies upon anothers property;

(c) Dispossesses another of any lands or tenements; or

(d) Does any act whereby another person is injured inhis person, property or rights,

commitsoppression.

2. An officer or person committing oppression shall bepunished:

(a) Where physical force or the immediate threat ofphysical force is used, for a category D felony as provided in NRS 193.130.

(b) Where no physical force or immediate threat ofphysical force is used, for a gross misdemeanor.

[1911 C&P 541; RL 6806; NCL 10487](NRS A1967, 462; 1995, 1172)

NRS 197.210 Fraudulentappropriation of property. An officer whofraudulently appropriates to his own use or to the use of another person, orsecretes with the intent to appropriate to such a use, any money, evidence ofdebt or other property entrusted to him by virtue of his office, shall bepunished:

1. Where the amount of the money or the actual valueof the property fraudulently appropriated or secreted with the intent toappropriate is $250 or more, for a category D felony as provided in NRS 193.130. In addition to any otherpenalty, the court shall order the person to pay restitution.

2. Where the amount of the money or the actual valueof the property fraudulently appropriated or secreted with the intent toappropriate is less than $250, for a misdemeanor.

[Part 1911 C&P 80; RL 6345; NCL 10029](NRSA 1967, 462; 1979, 1419; 1989, 1431; 1995, 1173)

NRS 197.220 Otherviolations by officers. Every public officeror other person who shall willfully disobey any provision of law regulating hisofficial conduct in cases for which no other punishment is provided shall beguilty of a misdemeanor.

[1911 C&P 563; RL 6828; NCL 10508]

NRS 197.230 Convictionof public officer forfeits trust. Theconviction of a public officer of any felony or malfeasance in office shallentail, in addition to such other penalty as may be imposed, the forfeiture ofhis office, and shall disqualify him from ever afterward holding any publicoffice in this State.

[1911 C&P 22; RL 6287; NCL 9971]

 

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