2005 Nevada Revised Statutes - Chapter 199 — Crimes Against Public Justice

CHAPTER 199 - CRIMES AGAINST PUBLIC JUSTICE

BRIBERY AND CORRUPTION

NRS 199.010 Briberyof judicial officer.

NRS 199.020 Judicialofficer who asks for or receives bribe.

NRS 199.030 Jurorsand others accepting bribes.

NRS 199.040 Influencingjuror, arbitrator, referee or prospective juror.

NRS 199.050 Juror,arbitrator or referee promising verdict or decision or receiving communication.

NRS 199.060 Misconductof officer drawing jury.

NRS 199.070 Solicitingjury duty.

NRS 199.080 Misconductof officer in charge of jury.

NRS 199.090 Testimonyof offender.

RESCUES

NRS 199.100 Rescuingprisoner.

NRS 199.110 Retakinggoods from custody of officer.

PERJURY AND SUBORNATION OF PERJURY

NRS 199.120 Definition;penalties.

NRS 199.125 Oathand swear defined.

NRS 199.130 Falseaffidavit or complaint to effect arrest or search.

NRS 199.140 Useof fictitious name on affidavit or complaint to effect arrest or search.

NRS 199.145 Statementmade in declaration under penalty of perjury.

NRS 199.150 Attemptto suborn perjury.

NRS 199.160 Procuringexecution of innocent person by perjury or subornation of perjury.

NRS 199.180 Irregularityin administering oath or incompetency of witness no defense.

NRS 199.190 Deposition:When deemed to be complete.

NRS 199.200 Statementof what one does not know to be true.

FALSIFYING EVIDENCE

NRS 199.210 Offeringfalse evidence.

NRS 199.220 Destroyingevidence.

NRS 199.230 Preventingor dissuading person from testifying or producing evidence.

NRS 199.240 Bribingor intimidating witness to influence testimony.

NRS 199.242 Limitationson defenses to prosecution for influencing testimony of witness.

NRS 199.250 Witnessaccepting bribe.

OTHER OFFENSES

NRS 199.260 Neglector refusal to receive person into custody.

NRS 199.270 Refusalto make arrest or to aid officer.

NRS 199.280 Resistingpublic officer.

NRS 199.290 Compoundingcrimes.

NRS 199.300 Intimidatingpublic officer, public employee, juror, referee, arbitrator, appraiser, assessoror similar person.

NRS 199.305 Preventingor dissuading victim, person acting on behalf of victim, or witness fromreporting crime, commencing prosecution or causing arrest.

NRS 199.310 Maliciousprosecution.

NRS 199.320 Inducinglawsuit.

NRS 199.325 Filingfalse or fraudulent complaint or allegation of misconduct against peaceofficer. [Repealed.]

NRS 199.330 Buyingor promising reward by justice or constable.

NRS 199.335 Failureto appear after admission to bail or release without bail.

NRS 199.340 Criminalcontempt.

NRS 199.350 Grandjuror acting after challenge allowed.

NRS 199.360 Fraudulentpretenses relative to birth of infant; false representation of entitlement to interestor share in estate of deceased person.

NRS 199.370 Substitutionof child.

NRS 199.380 Institutingsuit in name of another.

NRS 199.410 Combinationto resist process.

NRS 199.430 Impersonationof officer.

NRS 199.440 Searchwarrant maliciously procured.

NRS 199.450 Peaceofficer exceeding authority in execution of search warrant.

NRS 199.460 Extortionof confession; refusing accused communication with attorney or friends.

NRS 199.470 Maliciousdestruction of legal and other notices.

CONSPIRACY

NRS 199.480 Penalties.

NRS 199.490 Overtact not necessary.

SOLICITATION

NRS 199.500 Penalty.

OBSTRUCTION OF CRIMINAL INVESTIGATION

NRS 199.510 Provisionsnot applicable to privileged communications between lawyer and client.

NRS 199.520 Disclosureof information to subject of investigation.

NRS 199.530 Notificationof possible search or seizure.

NRS 199.540 Notificationof interception of wire or oral communication or use of pen register or trapand trace device.

_________

BRIBERY AND CORRUPTION

NRS 199.010 Briberyof judicial officer. A person who gives,offers or promises, directly or indirectly, any compensation, gratuity orreward to a judicial officer, juror, referee, arbitrator, appraiser, assessoror other person authorized by law to hear or determine any question, matter,cause, proceeding or controversy, with the intent to influence his action,vote, opinion or decision thereupon, is guilty of a category C felony and shallbe punished as provided in NRS 193.130.

[Part 1911 C&P 46; RL 6311; NCL 9995](NRSA 1967, 463; 1979, 1419; 1995, 1173)

NRS 199.020 Judicialofficer who asks for or receives bribe. Ajudicial officer who asks or receives, directly or indirectly, anycompensation, gratuity or reward, or any promise thereof, upon an agreement orunderstanding that his vote, opinion, judgment, action, decision or otherofficial proceeding will be influenced thereby, or that he will do or omit anyact or proceeding or in any way neglect or violate any official duty, is guiltyof a category C felony and shall be punished as provided in NRS 193.130.

[Part 1911 C&P 47; RL 6312; NCL 9996](NRSA 1967, 463; 1979, 1419; 1995, 1173)

NRS 199.030 Jurorsand others accepting bribes. A juror, referee,arbitrator, appraiser, assessor or other person authorized by law to hear ordetermine any question, matter, cause, controversy or proceeding, who asks orreceives, directly or indirectly, any compensation, gratuity or reward, or anypromise thereof, upon an agreement or understanding that his vote, opinion,action, judgment or decision will be influenced thereby, is guilty of acategory C felony and shall be punished as provided in NRS 193.130.

[1911 C&P 55; RL 6320; NCL 10004](NRS A1967, 463; 1979, 1419; 1995, 1173)

NRS 199.040 Influencingjuror, arbitrator, referee or prospective juror. Everyperson who shall influence, or attempt to influence, improperly, in their respectivecapacities as such, a juror or any person drawn or summoned as a prospectivejuror in a civil or criminal action or any proceeding, or any person chosen orappointed as an arbitrator or referee, in respect to his verdict, judgment,report, award or decision in any cause or matter pending or about to be broughtbefore him, or which may prospectively be brought before him, in any case or inany manner not provided for by law, shall be guilty of a gross misdemeanor.

[1911 C&P 58; RL 6323; NCL 10007](NRS A1965, 621)

NRS 199.050 Juror,arbitrator or referee promising verdict or decision or receiving communication. Every juror and every person chosen or appointed arbitratoror referee who shall make any promise or agreement to give a verdict, judgment,report, award or decision for or against any party, or who shall willfullyreceive any communication, book, paper, instrument or information relating to acause or matter pending before him, except according to the regular course ofproceeding upon the trial or hearing of such cause or matter, shall be guiltyof a gross misdemeanor.

[1911 C&P 59; RL 6324; NCL 10008]

NRS 199.060 Misconductof officer drawing jury. Every person chargedby law with the preparation of any jury list or list of names from which anyjury is to be drawn, and every person authorized by law to assist at thedrawing of a grand or petit jury to attend a court or to try any cause orissue, who shall:

1. Place in any such list any name at the request orsolicitation, direct or indirect, of any person;

2. Designedly put upon the list of jurors, as havingbeen drawn, any name which was not lawfully drawn for that purpose;

3. Designedly omit to place upon such list any namewhich was lawfully drawn;

4. Designedly sign or certify a list of such jurors ashaving been drawn which were not lawfully drawn;

5. Designedly and wrongfully withdraw from the box orother receptacle for the ballots containing the names of such jurors any paperor ballot lawfully placed or belonging there and containing the name of ajuror, or omit to place therein any name lawfully drawn or designated or placetherein a paper or ballot containing the name of a person not lawfully drawnand designated as a juror; or

6. In drawing or impaneling such jury, do any actwhich is unfair, partial or improper in any respect,

shall beguilty of a gross misdemeanor.

[1911 C&P 60; RL 6325; NCL 10009](NRS A1967, 463)

NRS 199.070 Solicitingjury duty. Every person who shall, directly orindirectly, solicit or request any person charged with the duty of preparingany jury list to put his name, or the name of any other person, on any suchlist shall be guilty of a gross misdemeanor.

[1911 C&P 61; RL 6326; NCL 10010]

NRS 199.080 Misconductof officer in charge of jury. Every person towhose charge a jury shall be committed by a court or magistrate, who shall knowingly,without leave of such court or magistrate, permit them or any one of them toreceive any communication from any person, to make any communication to anyperson, to obtain or receive any book, paper or refreshment, or to leave thejury room, shall be guilty of a gross misdemeanor.

[1911 C&P 62; RL 6327; NCL 10011]

NRS 199.090 Testimonyof offender. Every person offending againstany of the provisions of law relating to bribery or corruption shall be acompetent witness against another so offending and shall not be excused fromgiving testimony tending to criminate himself, but such testimony shall notafterward be used against him in any judicial proceeding, except for perjury ingiving such testimony.

[1911 C&P 63; RL 6328; NCL 10012]

RESCUES

NRS 199.100 Rescuingprisoner.

1. A person who, by force or fraud, rescues fromlawful custody, or from an officer or person having him in lawful custody, aprisoner held upon a charge, arrest, commitment, conviction or sentence forfelony is guilty of a category C felony and shall be punished as provided in NRS 193.130.

2. A person who rescues a prisoner held upon a charge,arrest, commitment, conviction or sentence for a gross misdemeanor ormisdemeanor shall be punished:

(a) Where a dangerous weapon is used in the course ofthe rescue, 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 6years, and may be further punished by a fine of not more than $5,000.

(b) Where no dangerous weapon is so used, for amisdemeanor.

[1911 C&P 71; RL 6336; NCL 10020](NRS A1967, 464; 1979, 1420; 1995, 1174)

NRS 199.110 Retakinggoods from custody of officer. Every personwho shall take from the custody of any officer or other person any personalproperty in his charge under any process of law, or who shall willfully injureor destroy such property, shall be guilty of a gross misdemeanor.

[1911 C&P 72; RL 6337; NCL 10021](NRS A1967, 464)

PERJURY AND SUBORNATION OF PERJURY

NRS 199.120 Definition;penalties. A person, having taken a lawfuloath or made affirmation in a judicial proceeding or in any other matter where,by law, an oath or affirmation is required and no other penalty is prescribed,who:

1. Willfully makes an unqualified statement of thatwhich he does not know to be true;

2. Swears or affirms willfully and falsely in a mattermaterial to the issue or point in question;

3. Suborns any other person to make such anunqualified statement or to swear or affirm in such a manner;

4. Executes an affidavit pursuant to NRS 15.010 which contains a false statement,or suborns any other person to do so; or

5. Executes an affidavit or other instrument whichcontains a false statement before a person authorized to administer oaths orsuborns any other person to do so,

is guilty ofperjury or subornation of perjury, as the case may be, which is a category Dfelony and shall be punished as provided in NRS193.130.

[1911 C&P 85; A 1949, 111; 1943 NCL 10034](NRS A 1967, 464; 1977, 640; 1979, 1420; 1985, 129, 788; 1987, 654;1995, 1174)

NRS 199.125 Oathand swear defined.

1. The term oath shall include an affirmation andevery other mode authorized by law of attesting the truth of that which isstated.

2. A person who shall state any matter under oathshall be deemed to swear thereto.

[1911 C&P 88; RL 6353; NCL 10037](Substituted in revision for NRS 199.170)

NRS 199.130 Falseaffidavit or complaint to effect arrest or search.

1. A person who makes, executes or signs or causes tobe made, executed or signed, any false or fictitious affidavit, complaint,deposition, or other instrument in writing before any officer or personauthorized to administer oaths, for the purpose or with the intent of securinga warrant for the arrest of any other person, or for the purpose of securing awarrant for the searching of the premises, goods, chattels or effects, or ofseizing the goods, chattels or effects, or of seizing anything in the possessionof any other person, is guilty of perjury which is a category D felony.

2. A person who commits any of the acts or offensesdefined or set out in subsection 1 shall be punished as provided in NRS 193.130.

[1:10:1925; NCL 10526] + [3:10:1925; NCL 10528](NRS A 1967, 464; 1979, 1420; 1995, 1174)

NRS 199.140 Useof fictitious name on affidavit or complaint to effect arrest or search.

1. A person who makes, executes or signs, or causes tobe made, executed or signed, any affidavit, complaint or other instrument, inwriting, before any United States officer or person, or before any stateofficer or person, authorized to administer oaths, for the purpose or with theintent of securing a warrant for the arrest of any other person, or for thepurpose of securing a warrant for the searching of the premises, goods,chattels or effects, or of seizing the goods, chattels or effects, or of seizinganything in the possession of any other person, and signs the same by any othername than his or her true name, is guilty of perjury which is a category Dfelony.

2. A person who commits any of the acts or offensesdefined or set out in subsection 1 shall be punished as provided in NRS 193.130.

[2:10:1925; NCL 10527] + [3:10:1925; NCL 10528](NRS A 1967, 465; 1979, 1420; 1995, 1175)

NRS 199.145 Statementmade in declaration under penalty of perjury. Aperson who, in a declaration made under penalty of perjury:

1. Makes a willful and false statement in a mattermaterial to the issue or point in question; or

2. Willfully makes an unqualified statement of thatwhich he does not know to be true,

or whosuborns another to make in such a declaration a statement of the kind describedin subsection 1 or 2, is guilty of perjury or subornation of perjury, as thecase may be, which is a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1993, 2742; A 1995, 1175)

NRS 199.150 Attemptto suborn perjury. Every person who, withoutgiving, offering or promising a bribe, shall incite or attempt to procureanother to commit perjury, or to offer any false evidence, or to withhold truetestimony, though no perjury be committed or false evidence offered or truetestimony withheld, shall be guilty of a gross misdemeanor.

[1911 C&P 86; RL 6351; NCL 10035]

NRS 199.160 Procuringexecution of innocent person by perjury or subornation of perjury. A person who, by willful and corrupt perjury orsubornation of perjury, procures the conviction and execution of any innocentperson is guilty of murder which is a category A felony and, upon convictionthereof, shall be punished by imprisonment in the state prison:

1. For life without the possibility of parole;

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

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

[1911 C&P 87; RL 6352; NCL 10036](NRS A1961, 66; 1973, 1803; 1995, 1175)

NRS 199.180 Irregularityin administering oath or incompetency of witness no defense. It shall be no defense to a prosecution for perjury thatan oath was administered or taken in an irregular manner or that the defendantwas not competent to give the testimony, deposition, certificate or affidavitof which falsehood is alleged. It shall be sufficient that he actually gavesuch testimony or made such deposition, certificate or affidavit.

[1911 C&P 89; RL 6354; NCL 10038]

NRS 199.190 Deposition:When deemed to be complete. The making of adeposition, certificate or affidavit shall be deemed to be complete when it issubscribed and sworn to or affirmed by the defendant with intent that it beuttered or published as true.

[1911 C&P 90; RL 6355; NCL 10039]

NRS 199.200 Statementof what one does not know to be true. Every unqualifiedstatement of that which one does not know to be true is equivalent to astatement of that which he knows to be false.

[1911 C&P 91; RL 6356; NCL 10040]

FALSIFYING EVIDENCE

NRS 199.210 Offeringfalse evidence. A person who, upon any trial,hearing, inquiry, investigation or other proceeding authorized by law, offersor procures to be offered in evidence, as genuine, any book, paper, document,record or other instrument in writing, knowing the same to have been forged orfraudulently altered, is guilty of a category D felony and shall be punished asprovided in NRS 193.130.

[1911 C&P 92; RL 6357; NCL 10041](NRS A1971, 150; 1979, 1421; 1995, 1175)

NRS 199.220 Destroyingevidence. Every person who, with intent to concealthe commission of any felony, or to protect or conceal the identity of anyperson committing the same, or with intent to delay or hinder theadministration of the law or to prevent the production thereof at any time, inany court or before any officer, tribunal, judge or magistrate, shall willfullydestroy, alter, erase, obliterate or conceal any book, paper, record, writing,instrument or thing shall be guilty of a gross misdemeanor.

[1911 C&P 93; RL 6358; NCL 10042]

NRS 199.230 Preventingor dissuading person from testifying or producing evidence. A person who, by persuasion, force, threat, intimidation,deception or otherwise, and with the intent to obstruct the course of justice,prevents or attempts to prevent another person from appearing before any court,or person authorized to subpoena witnesses, as a witness in any action,investigation or other official proceeding, or causes or induces another personto absent himself from such a proceeding or evade the process which requireshim to appear as a witness to testify or produce a record, document or otherobject, shall be punished:

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

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

[1911 C&P 94; RL 6359; NCL 10043](NRS A1967, 465; 1979, 1421; 1983, 1683; 1995, 1175)

NRS 199.240 Bribingor intimidating witness to influence testimony. Aperson who:

1. Gives, offers or promises directly or indirectlyany compensation, gratuity or reward to any witness or person who may be calledas a witness in an official proceeding, upon an agreement or understanding thathis testimony will be thereby influenced; or

2. Uses any force, threat, intimidation or deceptionwith the intent to:

(a) Influence the testimony of any witness or personwho may be called as a witness in an official proceeding;

(b) Cause or induce him to give false testimony or towithhold true testimony; or

(c) Cause or induce him to withhold a record, documentor other object from the proceeding,

is guilty ofa category C felony and shall be punished as provided in NRS 193.130, and may be further punished bya fine of not more than $50,000.

[1911 C&P 56; RL 6321; NCL 10005](NRS A1967, 465; 1979, 1421; 1983, 1683; 1995, 1176)

NRS 199.242 Limitationson defenses to prosecution for influencing testimony of witness. It is not a defense to a prosecution under NRS 199.230 or 199.240 to show that:

1. An official proceeding was not pending or about tobe instituted; or

2. The testimony sought or the record, document orother object to have been produced would have been legally privileged orinadmissible in evidence.

(Added to NRS by 1983, 1682; A 1985, 247)

NRS 199.250 Witnessaccepting bribe. A person who is or may be awitness upon a trial, hearing, investigation or other proceeding before anycourt, tribunal or person authorized to hear evidence or take testimony, whoasks or receives, directly or indirectly, any compensation, gratuity or reward,or any promise thereof, upon an agreement or understanding that his testimonywill be influenced thereby, or that he will absent himself from the trial, hearingor other proceeding, is guilty of a category C felony and shall be punished asprovided in NRS 193.130.

[1911 C&P 57; RL 6322; NCL 10006](NRS A1967, 465; 1979, 1421; 1995, 1176)

OTHER OFFENSES

NRS 199.260 Neglector refusal to receive person into custody. Everyofficer who, in violation of any legal duty, shall willfully neglect or refuseto receive a person into his official custody or into a prison under his chargeshall, in a case where no other punishment is specially provided by law, beguilty of a gross misdemeanor.

[1911 C&P 95; RL 6360; NCL 10044]

NRS 199.270 Refusalto make arrest or to aid officer. Every personwho, after having been lawfully commanded by any magistrate to arrest anotherperson, shall willfully neglect or refuse so to do, and every person who, afterhaving been lawfully commanded to aid an officer in arresting any person, or inretaking any person who has escaped from lawful custody, or in executing anylawful process, shall willfully neglect or refuse to aid such officer shall beguilty of a misdemeanor.

[1911 C&P 96; RL 6361; NCL 10045]

NRS 199.280 Resistingpublic officer. A person who, in any case orunder any circumstances not otherwise specially provided for, willfullyresists, delays or obstructs a public officer in discharging or attempting todischarge any legal duty of his office shall be punished:

1. Where a dangerous weapon is used in the course ofsuch resistance, obstruction or delay, for a category D felony as provided in NRS 193.130.

2. Where no dangerous weapon is used in the course ofsuch resistance, obstruction or delay, for a misdemeanor.

[1911 C&P 97; RL 6362; NCL 10046](NRS A1967, 466; 1979, 1422; 1995, 1176)

NRS 199.290 Compoundingcrimes.

1. A person who asks or receives, directly or indirectly,any compensation, gratuity or reward, or any promise thereof, upon an agreementor understanding that he will compound or conceal a crime or violation of astatute, or abstain from testifying thereto, delay a prosecution therefor orwithhold any evidence thereof, except in a case where a compromise is allowedby law, shall be punished:

(a) For a category D felony as provided in NRS 193.130.

(b) For a gross misdemeanor, where the agreement orunderstanding relates to a gross misdemeanor or misdemeanor, or to a violationof statute for which a pecuniary penalty or forfeiture is prescribed.

2. In any proceeding against a person for compoundinga crime, it is not necessary to prove that any person has been convicted of thecrime or violation of statute in relation to which an agreement orunderstanding herein prohibited was made.

[1911 C&P 98; RL 6363; NCL 10047](NRS A1967, 466; 1979, 1422; 1995, 1177)

NRS 199.300 Intimidatingpublic officer, public employee, juror, referee, arbitrator, appraiser,assessor or similar person.

1. A person shall not, directly or indirectly, addressany threat or intimidation to a public officer, public employee, juror,referee, arbitrator, appraiser, assessor or any person authorized by law tohear or determine any controversy or matter, with the intent to induce him,contrary to his duty to do, make, omit or delay any act, decision ordetermination, if the threat or intimidation communicates the intent, eitherimmediately or in the future:

(a) To cause bodily injury to any person;

(b) To cause physical damage to the property of anyperson other than the person addressing the threat or intimidation;

(c) To subject any person other than the personaddressing the threat or intimidation to physical confinement or restraint; or

(d) To do any other act which is not otherwiseauthorized by law and is intended to harm substantially any person other thanthe person addressing the threat or intimidation with respect to his health,safety, business, financial condition or personal relationships.

2. The provisions of this section must not beconstrued as prohibiting a person from making any statement in good faith of anintention to report any misconduct or malfeasance by a public officer oremployee.

3. A person who violates subsection 1 is guilty of:

(a) If physical force or the immediate threat ofphysical force is used in the course of the intimidation or in the making ofthe threat:

(1) For a first offense, a category C felony andshall be punished as provided in NRS 193.130.

(2) For a second or subsequent offense, acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 2 years and a maximum term of not more than 10years, and may be further punished by a fine of not more than $10,000.

(b) If no physical force or immediate threat ofphysical force is used in the course of the intimidation or in the making ofthe threat, a gross misdemeanor.

4. As used in this section, public employee meansany person who performs public duties for compensation paid by the State, acounty, city, local government or other political subdivision of the State oran agency thereof, including, without limitation, a person who performs a servicefor compensation pursuant to a contract with the State, county, city, localgovernment or other political subdivision of the State or an agency thereof.

[1911 C&P 99; RL 6364; NCL 10048](NRS A1967, 466; 1979, 1422; 1993, 930; 1995, 1177; 1997, 433; 2005, 925)

NRS 199.305 Preventingor dissuading victim, person acting on behalf of victim, or witness fromreporting crime, commencing prosecution or causing arrest.

1. A person who, by intimidating or threateninganother person, prevents or dissuades a victim of a crime, a person acting onhis behalf or a witness from:

(a) Reporting a crime or possible crime to a:

(1) Judge;

(2) Peace officer;

(3) Parole or probation officer;

(4) Prosecuting attorney;

(5) Warden or other employee at an institutionof the Department of Corrections; or

(6) Superintendent or other employee at ajuvenile correctional institution;

(b) Commencing a criminal prosecution or a proceedingfor the revocation of a parole or probation, or seeking or assisting in such aprosecution or proceeding; or

(c) Causing the arrest of a person in connection with acrime,

or whohinders or delays such a victim, agent or witness in his effort to carry outany of those actions is guilty of a category D felony and shall be punished asprovided in NRS 193.130.

2. As used in this section, victim of a crime meansa person against whom a crime has been committed.

(Added to NRS by 1983, 1682; A 1995, 1177; 2001 Special Session,228)

NRS 199.310 Maliciousprosecution. A person who maliciously and withoutprobable cause therefor, causes or attempts to cause another to be arrested orproceeded against for any crime of which he is innocent:

1. If the crime is a felony, is guilty of a category Dfelony and shall be punished as provided in NRS193.130; and

2. If the crime is a gross misdemeanor or misdemeanor,is guilty of a misdemeanor.

[1911 C&P 100; RL 6365; NCL 10049](NRS A1967, 466; 1979, 1423; 1995, 1178)

NRS 199.320 Inducinglawsuit. Every person who shall on his behalfbring or instigate, incite or encourage another to bring, any false suit at lawor in equity, in any court of this State, with intent thereby to distress orharass a defendant therein, shall be guilty of a misdemeanor.

[1911 C&P 101; RL 6366; NCL 10050]

NRS 199.325 Filingfalse or fraudulent complaint or allegation of misconduct against peaceofficer. Repealed. (See chapter 262, Statutes of Nevada 2005,at page 939.)

NRS 199.330 Buyingor promising reward by justice or constable. Everyjustice of the peace or constable who shall, directly or indirectly, buy or beinterested in buying anything in action for the purpose of commencing a suitthereon before a justice of the peace, or who shall give or promise anyvaluable consideration to any person as an inducement to bring, or as aconsideration for having brought, a suit before a justice of the peace, shall beguilty of a misdemeanor.

[1911 C&P 102; RL 6367; NCL 10051]

NRS 199.335 Failureto appear after admission to bail or release without bail.

1. If a person:

(a) Is admitted to bail, whether provided by deposit orsurety, or released without bail;

(b) Is not recommitted to custody; and

(c) Fails to appear at the time and place required bythe order admitting him to bail or releasing him without bail, or anymodification thereof,

the personis guilty of failing to appear and shall be punished pursuant to the provisionsof this section, unless the person surrenders himself not later than 30 daysafter the date on which the person was required to appear.

2. If a person who fails to appear in violation ofsubsection 1 was admitted to bail or released without bail incident toprosecution for:

(a) One or more felonies, the person is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

(b) One or more gross misdemeanors but no felonies, theperson is guilty of:

(1) A gross misdemeanor; or

(2) If the person left this State with theintent to avoid prosecution, a category D felony and shall be punished asprovided in NRS 193.130.

(c) One or more misdemeanors but no felonies or grossmisdemeanors, the person is guilty of:

(1) A misdemeanor; or

(2) If the person left this State with theintent to avoid prosecution, a category D felony and shall be punished asprovided in NRS 193.130.

(Added to NRS by 1967, 1470; A 1979, 1423; 1995,1178; 1999, 1848)

NRS 199.340 Criminalcontempt. Every person who shall commit a contemptof court of any one of the following kinds shall be guilty of a misdemeanor:

1. Disorderly, contemptuous or insolent behaviorcommitted during the sitting of the court, in its immediate view and presence,and directly tending to interrupt its proceedings or to impair the respect dueto its authority;

2. Behavior of like character in the presence of areferee, while actually engaged in a trial or hearing pursuant to an order ofcourt, or in the presence of a jury while actually sitting in the trial of acause or upon an inquest or other proceeding authorized by law;

3. Breach of the peace, noise or other disturbancedirectly tending to interrupt the proceedings of a court, jury or referee;

4. Willful disobedience to the lawful process ormandate of a court;

5. Resistance, willfully offered, to its lawfulprocess or mandate;

6. Contumacious and unlawful refusal to be sworn as awitness or, after being sworn, to answer any legal and proper interrogatory;

7. Publication of a false or grossly inaccurate reportof its proceedings; or

8. Assuming to be an attorney or officer of a court oracting as such without authority.

[1911 C&P 103; RL 6368; NCL 10052]

NRS 199.350 Grandjuror acting after challenge allowed. Everygrand juror who, with knowledge that a challenge interposed against him by adefendant has been allowed, shall be present at, or take part, or attempt totake part, in the consideration of the charge against the defendant whointerposed such challenge, or the deliberations of the grand jury thereon,shall be guilty of a misdemeanor.

[1911 C&P 104; RL 6369; NCL 10053]

NRS 199.360 Fraudulentpretenses relative to birth of infant; false representation of entitlement tointerest or share in estate of deceased person. Aperson who fraudulently or falsely pretends that any infant child was born of aparent whose child is or would be entitled to inherit real property or toreceive any personal property, or who falsely represents himself or another tobe a person entitled to an interest or share in the estate of a deceased personas executor, administrator, husband, wife, heir, legatee, devisee, next of kinor relative of the deceased person, is guilty of a category D felony and shallbe punished as provided in NRS 193.130.

[1911 C&P 105; RL 6370; NCL 10054](NRS A1979, 1423; 1995, 1178)

NRS 199.370 Substitutionof child. A person to whom a child has beenconfided for nursing, education or any other purpose, who, with the intent todeceive a person, guardian or relative of the child, substitutes or produces tothe parent, guardian or relative another child or person in the place of thechild so confided, is guilty of a category B felony and shall be punished byimprisonment in the state prison for a minimum term of not less than 1 year anda maximum term of not more than 10 years, and may be further punished by a fineof not more than $10,000.

[1911 C&P 106; RL 6371; NCL 10055](NRS A1979, 1423; 1995, 1178)

NRS 199.380 Institutingsuit in name of another. Every person whoshall institute or prosecute any action or other proceeding in the name ofanother, without his consent and contrary to law, shall be guilty of a grossmisdemeanor.

[1911 C&P 107; RL 6372; NCL 10056]

NRS 199.410 Combinationto resist process. Every person who shallenter into a combination with another to resist the execution of any legal processor other mandate of a court of competent jurisdiction, under circumstances notamounting to a riot, shall be guilty of a gross misdemeanor.

[1911 C&P 340; RL 6605; NCL 10288]

NRS 199.430 Impersonationof officer. Every person who shall falselypersonate a public officer, civil or military, or a policeman, or a privateindividual having special authority by law to perform an act affecting therights or interests of another, or who, without authority shall assume anyuniform or badge by which such an officer or person is lawfully distinguished,and in such assumed character shall do any act purporting to be official,whereby another is injured or defrauded, shall be guilty of a grossmisdemeanor.

[1911 C&P 469; RL 6734; NCL 10418]

NRS 199.440 Searchwarrant maliciously procured. Whoever shallmaliciously, and without probable cause, procure a search warrant to be issuedand executed shall be deemed guilty of a gross misdemeanor.

[1911 C&P 476; RL 6741; NCL 10425](NRS A1967, 467)

NRS 199.450 Peaceofficer exceeding authority in execution of search warrant. A peace officer who, in executing a search warrant, shallwillfully exceed his authority, or exercise it with unnecessary severity, shallbe deemed guilty of a gross misdemeanor.

[1911 C&P 477; RL 6742; NCL 10426](NRS A1967, 467)

NRS 199.460 Extortionof confession; refusing accused communication with attorney or friends.

1. An officer or person having the custody and controlof the body or liberty of any person under arrest shall not refuse permissionto the arrested person to communicate at reasonable times and intervals withhis friends or with an attorney, or subject any person under arrest to any formof personal violence, intimidation, indignity or threats for the purpose ofextorting from that person incriminating statements or a confession.

2. A person violating the provisions of this sectionshall be punished:

(a) Where physical force or the immediate threat ofphysical force is used in the course of extorting statements or a confession,or where substantial bodily harm to the arrested person results from suchviolence, intimidation or indignity, for a category D felony as provided in NRS 193.130.

(b) Where no physical force or immediate threat ofphysical force is used in the course of extorting statements or a confession,or where no substantial bodily harm results to the arrested person from suchviolence, intimidation or indignity, for a gross misdemeanor.

(c) Where the only offense is to refuse permission tothe arrested person to communicate with his friends or with an attorney, for amisdemeanor.

[1911 C&P 542; RL 6807; NCL 10488](NRS A1967, 467; 1979, 1423; 1995, 1179)

NRS 199.470 Maliciousdestruction of legal and other notices. Everyperson who shall willfully and maliciously remove, damage or destroy:

1. A sign or notice erected or posted by any officerunder lawful authority, or by the owner or occupant of the premises whereposted; or

2. A legal notice or other legal paper posted incompliance with the requirement of any statute of this State, or under thedirection or order of a court,

shall beguilty of a misdemeanor.

[Part 1911 C&P 487; RL 6752; NCL 10434]

CONSPIRACY

NRS 199.480 Penalties.

1. Except as otherwise provided in subsection 2,whenever two or more persons conspire to commit murder, robbery, sexualassault, kidnapping in the first or second degree, arson in the first or seconddegree, or a violation of NRS 205.463,each person is guilty of a category B felony and shall be punished:

(a) If the conspiracy was to commit robbery, sexualassault, kidnapping in the first or second degree, arson in the first or seconddegree, or a violation of NRS 205.463,by imprisonment in the state prison for a minimum term of not less than 1 yearand a maximum term of not more than 6 years; or

(b) If the conspiracy was to commit murder, byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 10 years,

and may befurther punished by a fine of not more than $5,000.

2. If the conspiracy subjects the conspirators tocriminal liability under NRS 207.400,they shall be punished in the manner provided in NRS 207.400.

3. Whenever two or more persons conspire:

(a) To commit any crime other than those set forth insubsections 1 and 2, and no punishment is otherwise prescribed by law;

(b) Falsely and maliciously to procure another to bearrested or proceeded against for a crime;

(c) Falsely to institute or maintain any action orproceeding;

(d) To cheat or defraud another out of any property byunlawful or fraudulent means;

(e) To prevent another from exercising any lawful tradeor calling, or from doing any other lawful act, by force, threats orintimidation, or by interfering or threatening to interfere with any tools,implements or property belonging to or used by another, or with the use oremployment thereof;

(f) To commit any act injurious to the public health,public morals, trade or commerce, or for the perversion or corruption of publicjustice or the due administration of the law; or

(g) To accomplish any criminal or unlawful purpose, orto accomplish a purpose, not in itself criminal or unlawful, by criminal orunlawful means,

each personis guilty of a gross misdemeanor.

[1911 C&P 112; RL 6377; NCL 10061](NRS A1975, 509; 1977, 1416, 1631; 1979, 1424; 1983, 1494; 1995, 1179; 1999, 1343)

NRS 199.490 Overtact not necessary. In any such proceeding forviolation of NRS 199.480, it shall notbe necessary to prove that any overt act was done in pursuance of such unlawfulconspiracy or combination.

[1911 C&P 113; RL 6378; NCL 10062]

SOLICITATION

NRS 199.500 Penalty.

1. A person who counsels, hires, commands or otherwisesolicits another to commit kidnapping or arson is guilty of a gross misdemeanorif no criminal act is committed as a result of the solicitation.

2. A person who counsels, hires, commands or otherwisesolicits another to commit murder, if no criminal act is committed as a resultof the solicitation, is guilty of a category B felony and shall be punished byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 15 years, and may be further punished by afine of not more than $10,000.

(Added to NRS by 1979, 720; A 1987, 1152; 1995, 1180)

OBSTRUCTION OF CRIMINAL INVESTIGATION

NRS 199.510 Provisionsnot applicable to privileged communications between lawyer and client. The provisions of NRS199.520, 199.530 and 199.540 do not apply to a lawyer who iscommunicating with his client within the scope of the privilege set forth in NRS 49.095.

(Added to NRS by 1991, 212)

NRS 199.520 Disclosureof information to subject of investigation. Anofficer or employee of a court or law enforcement agency who, with the intentto obstruct a criminal investigation, directly or indirectly:

1. Notifies any person who is the subject of theinvestigation about the existence of the investigation; or

2. Discloses to any such person any informationobtained in the course of the investigation,

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

(Added to NRS by 1991, 212; A 1995, 1180)

NRS 199.530 Notificationof possible search or seizure.

1. It is unlawful for an officer or employee of acourt or law enforcement agency, having knowledge that a person authorized tomake a search or seizure has been authorized or is applying for authorizationto make a search or seizure, to give notice or attempt to give notice of thepossible search or seizure to any person with the intent to obstruct a judicialproceeding or a criminal investigation.

2. A person who violates the provisions of subsection1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1991, 212; A 1995, 1180)

NRS 199.540 Notificationof interception of wire or oral communication or use of pen register or trapand trace device.

1. It is unlawful for an officer or employee of acourt or law enforcement agency, or any employee of a communications commoncarrier, landlord, custodian or other person who is ordered pursuant tosubsection 2 of NRS 179.475 to furnishinformation, facilities and technical assistance necessary to accomplish anauthorized interception of a wire or oral communication, having knowledge thatan order has been applied for or has been issued authorizing the interceptionof a wire or oral communication in accordance with NRS 179.410 to 179.515, inclusive, to:

(a) Give notice of the interception; or

(b) Attempt to give notice of the interception,

to anyperson with the intent to obstruct, impede or prevent the interception of thewire or oral communication.

2. It is unlawful for an officer or employee of a courtor law enforcement agency, or any employee of a communications common carrier, landlord,custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilitiesand technical assistance necessary to accomplish an authorized interception of awire or oral communication, having knowledge that an order has been applied foror has been issued authorizing the use of a pen register or trap and trace deviceto:

�a) Give notice of the use of the pen register ordevice; or

(b) Attempt to give notice of the use of the penregister or device,

to anyperson with the intent to obstruct, impede or prevent that use.

3. A person who violates any provision of subsection 1or 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1991, 212; A 1995, 1180)