2005 Nevada Revised Statutes - Chapter 200 — Crimes Against the Person
CHAPTER 200 - CRIMES AGAINST THE PERSON
HOMICIDE
NRS 200.010 Murderdefined.
NRS 200.020 Malice:Express and implied defined.
NRS 200.030 Degreesof murder; penalties.
NRS 200.033 Circumstancesaggravating first degree murder.
NRS 200.035 Circumstancesmitigating first degree murder.
NRS 200.040 Manslaughterdefined.
NRS 200.050 Voluntarymanslaughter defined.
NRS 200.060 Whenkilling punished as murder.
NRS 200.070 Involuntarymanslaughter defined.
NRS 200.080 Punishmentfor voluntary manslaughter.
NRS 200.090 Punishmentfor involuntary manslaughter.
NRS 200.110 Placeof trial for homicide.
NRS 200.120 Justifiablehomicide defined.
NRS 200.130 Barefear insufficient to justify killing; reasonable fear required.
NRS 200.140 Justifiablehomicide by public officer.
NRS 200.150 Justifiableor excusable homicide.
NRS 200.160 Additionalcases of justifiable homicide.
NRS 200.170 Burdenof proving circumstances of mitigation or justifiable or excusable homicide.
NRS 200.180 Excusablehomicide by misadventure.
NRS 200.190 Justifiableor excusable homicide not punishable.
NRS 200.200 Killingin self-defense.
NRS 200.210 Killingof unborn quick child; penalty.
NRS 200.220 Takingdrugs to terminate pregnancy; penalty.
NRS 200.230 Deathresulting from overloading of passenger vessel; penalties.
NRS 200.240 Ownerof animal that kills human being guilty of manslaughter under certaincircumstances; penalty.
NRS 200.260 Deathresulting from unlawful manufacture or storage of explosives; penalty.
BODILY INJURY
NRS 200.275 Justifiableinfliction or threat of bodily injury not punishable.
NRS 200.278 Informationrequired to be provided to school district of person in secondary school whocauses serious bodily injury.
MAYHEM
NRS 200.280 Definition;penalty.
NRS 200.290 Instrumentor manner of inflicting injury immaterial.
NRS 200.300 Injurynot resulting in permanent injury; defendant may be convicted of assault.
NRS 200.310 Degrees.
NRS 200.320 Kidnappingin first degree: Penalties.
NRS 200.330 Kidnappingin second degree: Penalties.
NRS 200.340 Penaltyfor aiding or abetting.
NRS 200.350 Whereproceedings may be instituted; consent is not defense.
NRS 200.357 Lawenforcement officer required to take child into protective custody if child indanger of being removed from jurisdiction.
NRS 200.359 Detention,concealment or removal of child from person having lawful custody or fromjurisdiction of court: Penalties; limitation on issuance of arrest warrant;restitution; exceptions.
SEXUAL ASSAULT AND SEDUCTION
NRS 200.364 Definitions.
NRS 200.366 Sexualassault: Definition; penalties.
NRS 200.368 Statutorysexual seduction: Penalties.
NRS 200.373 Sexualassault of spouse by spouse.
NRS 200.377 Victimsof sexual assault: Legislative findings and declarations.
NRS 200.3771 Victimsof sexual assault: Confidentiality of records and reports that reveal identity;when disclosure permitted; penalty.
NRS 200.3772 Victimsof sexual assault: Procedure for substituting pseudonym for name on files,records and reports; actual identity confidential; when disclosure required;immunity for unintentional disclosure.
NRS 200.3773 Victimsof sexual assault: Public officer or employee prohibited from disclosingidentity; exceptions; penalty.
NRS 200.3774 Victimsof sexual assault: Effect of waiver of confidentiality by victim.
ROBBERY
NRS 200.380 Definition;penalty.
ATTEMPTS TO KILL
NRS 200.390 Administrationof poison: Penalty.
BATTERY WITH INTENT TO COMMIT A CRIME
NRS 200.400 Definition;penalties.
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
NRS 200.405 Administrationof drug to aid commission of felony: Penalty.
NRS 200.408 Administrationof controlled substance to aid commission of crime of violence: Penalty;definitions.
DUELS AND CHALLENGES
NRS 200.410 Deathresulting from duel; penalty.
NRS 200.430 Incriminatingtestimony; witnesss privilege.
NRS 200.440 Postingfor not fighting; use of contemptuous language.
NRS 200.450 Challengesto fight; penalties.
FALSE IMPRISONMENT
NRS 200.460 Definition;penalties.
INVOLUNTARY SERVITUDE; PURCHASE OR SALE OF PERSON
NRS 200.463 Involuntaryservitude; penalties.
NRS 200.464 Recruiting,enticing, harboring, transporting, providing or obtaining another person to beheld in involuntary servitude; benefiting from another person being held ininvoluntary servitude; penalty.
NRS 200.465 Assumingrights of ownership over another person; purchase or sale of person; penalty.
ASSAULT AND BATTERY
NRS 200.471 Assault:Definitions; penalties.
NRS 200.481 Battery:Definitions; penalties.
NRS 200.485 Batterywhich constitutes domestic violence: Penalties; referring child for counseling;restriction against dismissal, probation and suspension; definitions.[Effective through June 30, 2009.]
NRS 200.485 Batterywhich constitutes domestic violence: Penalties; referring child for counseling;restriction against dismissal, probation and suspension; definitions.[Effective July 1, 2009.]
NRS 200.490 Provokingassault: Penalty.
CRIMINAL NEGLECT OF PATIENTS
NRS 200.495 Definitions;penalties.
ABUSE AND NEGLECT OF CHILDREN
NRS 200.508 Abuse,neglect or endangerment of child: Penalties; definitions.
NRS 200.5081 Districtattorney may refer person suspected of violating
NRS 200.5083 Mutilationof genitalia of female child: Penalties; definitions.
NRS 200.5085 Useof nonmedical remedial treatment.
ABUSE, NEGLECT, EXPLOITATION OR ISOLATION OF OLDERPERSONS AND VULNERABLE PERSONS
NRS 200.5091 Policyof State.
NRS 200.5092 Definitions.
NRS 200.50925 Reasonablecause to believe and as soon as reasonably practicable defined.
NRS 200.5093 Reportof abuse, neglect, exploitation or isolation of older person; voluntary andmandatory reports; investigation; penalty.
NRS 200.50935 Reportof abuse, neglect, exploitation or isolation of vulnerable person; voluntaryand mandatory reports; investigation; penalty.
NRS 200.5094 Reports:Manner of making; contents.
NRS 200.5095 Reportsand records confidential; permissible or required disclosure; penalty.
NRS 200.50955 Lawenforcement agency: Required to act promptly in obtaining certain warrants.
NRS 200.5096 Immunityfrom civil or criminal liability for reporting, investigating or submittinginformation.
NRS 200.5097 Admissibilityof evidence.
NRS 200.5098 Dutiesof Aging Services Division of Department of Health and Human Services regardingolder persons; organization and operation of teams for provision of assistance.
NRS 200.50982 Disclosureof information concerning reports and investigations to other agencies or legalrepresentative of older person or vulnerable person.
NRS 200.50984 Inspectionof records pertaining to older person on whose behalf investigation isconducted.
NRS 200.50986 Petitionfor removal of guardian of older person.
NRS 200.5099 Penalties.
NRS 200.50995 Penaltiesfor conspiracy.
LIBEL
NRS 200.510 Definition;penalties; truth may be given in evidence; jury to determine law and fact.
NRS 200.520 Publicationdefined.
NRS 200.530 Liabilityof editor or publisher.
NRS 200.540 Criminalproceedings: Venue.
NRS 200.550 Furnishinglibelous information: Penalty.
NRS 200.560 Threateningto publish libel: Penalty.
HARASSMENT AND STALKING
NRS 200.571 Harassment:Definition; penalties.
NRS 200.575 Stalking:Definitions; penalties.
NRS 200.581 Whereoffense committed.
NRS 200.591 Courtmay impose temporary or extended order to restrict conduct of allegedperpetrator, defendant or convicted person; penalty for violation of order;dissemination of order.
NRS 200.592 Petitionerfor order: Deferment of costs and fees; free information concerning order; nofee for serving order.
NRS 200.594 Durationof orders; dissolution or modification of temporary order.
NRS 200.597 Orderto be transmitted to law enforcement agencies; enforcement.
NRS 200.601 Victimto be given certain information and documents concerning case; clerk to keeprecord of order or condition restricting conduct of defendant.
PEEPING
NRS 200.603 Peering,peeping or spying through window, door or other opening of dwelling of another;penalties.
HAZING
NRS 200.605 Penalties;definition.
INTERCEPTION AND DISCLOSURE OF WIRE AND RADIO COMMUNICATIONSOR PRIVATE CONVERSATIONS
NRS 200.610 Definitions.
NRS 200.620 Interceptionand attempted interception of wire communication prohibited; exceptions.
NRS 200.630 Disclosureof existence, content or substance of wire or radio communication prohibited;exceptions.
NRS 200.640 Unauthorizedconnection with facilities prohibited.
NRS 200.650 Unauthorized,surreptitious intrusion of privacy by listening device prohibited.
NRS 200.690 Penalties.
PORNOGRAPHY INVOLVING MINORS
NRS 200.700 Definitions.
NRS 200.710 Unlawfulto use minor in producing pornography or as subject of sexual portrayal inperformance.
NRS 200.720 Promotionof sexual performance of minor unlawful.
NRS 200.725 Preparing,advertising or distributing materials depicting pornography involving minorunlawful; penalty.
NRS 200.730 Possessionof visual presentation depicting sexual conduct of person under 16 years of ageunlawful; penalties.
NRS 200.735 Exemptionfor purposes of law enforcement.
NRS 200.740 Determinationby court or jury of whether person was minor.
NRS 200.750 Penalties.
NRS 200.760 Forfeiture.
_________
HOMICIDE
NRS
1. With malice aforethought, either express orimplied;
2. Caused by a controlled substance which was sold,given, traded or otherwise made available to a person in violation of
3. Caused by a violation of
The unlawfulkilling may be effected by any of the various means by which death may beoccasioned.
[1911 C&P 119; RL 6384; NCL 10066](NRS A1983, 512; 1985, 1598; 1989, 589;
NRS
1. Express malice is that deliberate intentionunlawfully to take away the life of a fellow creature, which is manifested byexternal circumstances capable of proof.
2. Malice shall be implied when no considerableprovocation appears, or when all the circumstances of the killing show anabandoned and malignant heart.
[1911 C&P 120; A 1915, 67; 1919 RL 6385; NCL 10067]
NRS
1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait ortorture, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attemptedperpetration of sexual assault, kidnapping, arson, robbery, burglary, invasionof the home, sexual abuse of a child, sexual molestation of a child under theage of 14 years or child abuse;
(c) Committed to avoid or prevent the lawful arrest ofany person by a peace officer or to effect the escape of any person from legalcustody;
(d) Committed on the property of a public or privateschool, at an activity sponsored by a public or private school or on a schoolbus while the bus was engaged in its official duties by a person who intendedto create a great risk of death or substantial bodily harm to more than oneperson by means of a weapon, device or course of action that would normally behazardous to the lives of more than one person; or
(e) Committed in the perpetration or attemptedperpetration of an act of terrorism.
2. Murder of the second degree is all other kinds ofmurder.
3. The jury before whom any person indicted for murderis tried shall, if they find him guilty thereof, designate by their verdictwhether he is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree isguilty of a category A felony and shall be punished:
(a) By death, only if one or more aggravatingcircumstances are found and any mitigating circumstance or circumstances whichare found do not outweigh the aggravating circumstance or circumstances, unlessa court has made a finding pursuant to NRS174.098 that the defendant is mentally retarded and has stricken the noticeof intent to seek the death penalty; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole,with eligibility for parole beginning when a minimum of 20 years has beenserved; or
(3) For a definite term of 50 years, witheligibility for parole beginning when a minimum of 20 years has been served.
Adetermination of whether aggravating circumstances exist is not necessary tofix the penalty at imprisonment for life with or without the possibility ofparole.
5. A person convicted of murder of the second degreeis guilty of a category A felony and shall be punished by imprisonment in thestate prison:
(a) For life with the possibility of parole, witheligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibilityfor parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) Act of terrorism has the meaning ascribed to itin NRS 202.4415;
(b) Child abuse means physical injury of anonaccidental nature to a child under the age of 18 years;
(c) School bus has the meaning ascribed to it in
(d) Sexual abuse of a child means any of the actsdescribed in NRS 432B.100; and
(e) Sexual molestation means any willful and lewd orlascivious act, other than acts constituting the crime of sexual assault, uponor with the body, or any part or member thereof, of a child under the age of 14years, with the intent of arousing, appealing to, or gratifying the lust,passions or sexual desires of the perpetrator or of the child.
[1911 C&P 121; A 1915, 67; 1919, 468; 1947,302; 1943 NCL 10068](NRS A 1957, 330; 1959, 781; 1960, 399; 1961, 235, 486;1967, 467, 1470; 1973, 1803; 1975, 1580; 1977, 864, 1541, 1627; 1989, 865,1451; 1995, 257, 1181; 1999,1335; 2003, 770,2944)
NRS
1. The murder was committed by a person under sentenceof imprisonment.
2. The murder was committed by a person who, at anytime before a penalty hearing is conducted for the murder pursuant to
(a) Another murder and the provisions of subsection 12do not otherwise apply to that other murder; or
(b) A felony involving the use or threat of violence tothe person of another and the provisions of subsection 4 do not otherwise applyto that felony.
For thepurposes of this subsection, a person shall be deemed to have been convicted atthe time the jury verdict of guilt is rendered or upon pronouncement of guiltby a judge or judges sitting without a jury.
3. The murder was committed by a person who knowinglycreated a great risk of death to more than one person by means of a weapon,device or course of action which would normally be hazardous to the lives ofmore than one person.
4. The murder was committed while the person wasengaged, alone or with others, in the commission of, or an attempt to commit orflight after committing or attempting to commit, any robbery, arson in thefirst degree, burglary, invasion of the home or kidnapping in the first degree,and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be takenor lethal force used.
5. The murder was committed to avoid or prevent alawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himselfor another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer orfirefighter who was killed while engaged in the performance of his officialduty or because of an act performed in his official capacity, and the defendantknew or reasonably should have known that the victim was a peace officer orfirefighter. For the purposes of this subsection, peace officer means:
(a) An employee of the Department of Corrections whodoes not exercise general control over offenders imprisoned within the institutionsand facilities of the Department, but whose normal duties require him to comeinto contact with those offenders when carrying out the duties prescribed bythe Director of the Department.
(b) Any person upon whom some or all of the powers of apeace officer are conferred pursuant to NRS289.150 to 289.360, inclusive, whencarrying out those powers.
8. The murder involved torture or the mutilation ofthe victim.
9. The murder was committed upon one or more personsat random and without apparent motive.
10. The murder was committed upon a person less than14 years of age.
11. The murder was committed upon a person because ofthe actual or perceived race, color, religion, national origin, physical ormental disability or sexual orientation of that person.
12. The defendant has, in the immediate proceeding,been convicted of more than one offense of murder in the first or seconddegree. For the purposes of this subsection, a person shall be deemed to havebeen convicted of a murder at the time the jury verdict of guilt is rendered orupon pronouncement of guilt by a judge or judges sitting without a jury.
13. The person, alone or with others, subjected orattempted to subject the victim of the murder to nonconsensual sexualpenetration immediately before, during or immediately after the commission ofthe murder. For the purposes of this subsection:
(a) Nonconsensual means against the victims will orunder conditions in which the person knows or reasonably should know that thevictim is mentally or physically incapable of resisting, consenting orunderstanding the nature of his conduct, including, but not limited to,conditions in which the person knows or reasonably should know that the victimis dead.
(b) Sexual penetration means cunnilingus, fellatio orany intrusion, however slight, of any part of the victims body or any objectmanipulated or inserted by a person, alone or with others, into the genital oranal openings of the body of the victim, whether or not the victim is alive.The term includes, but is not limited to, anal intercourse and sexualintercourse in what would be its ordinary meaning.
14. The murder was committed on the property of apublic or private school, at an activity sponsored by a public or privateschool or on a school bus while the bus was engaged in its official duties by aperson who intended to create a great risk of death or substantial bodily harmto more than one person by means of a weapon, device or course of action thatwould normally be hazardous to the lives of more than one person. For thepurposes of this subsection, school bus has the meaning ascribed to it in
15. The murder was committed with the intent tocommit, cause, aid, further or conceal an act of terrorism. For the purposes ofthis subsection, act of terrorism has the meaning ascribed to it in
(Added to NRS by 1977, 1542; A 1981, 521, 2011; 1983,286; 1985, 1979; 1989, 1451; 1993, 76; 1995, 2, 138, 1490, 2705; 1997, 1293;
NRS
1. The defendant has no significant history of priorcriminal activity.
2. The murder was committed while the defendant wasunder the influence of extreme mental or emotional disturbance.
3. The victim was a participant in the defendantscriminal conduct or consented to the act.
4. The defendant was an accomplice in a murdercommitted by another person and his participation in the murder was relativelyminor.
5. The defendant acted under duress or under the dominationof another person.
6. The youth of the defendant at the time of thecrime.
7. Any other mitigating circumstance.
(Added to NRS by 1977, 1543)
NRS
1. Manslaughter is the unlawful killing of a humanbeing, without malice express or implied, and without any mixture ofdeliberation.
2. Manslaughter must be voluntary, upon a sudden heatof passion, caused by a provocation apparently sufficient to make the passionirresistible, or involuntary, in the commission of an unlawful act, or a lawfulact without due caution or circumspection.
3. Manslaughter does not include vehicularmanslaughter as described in NRS 484.3775.
[1911 C&P 122; RL 6387; NCL 10069](NRS A1983, 1014; 1995, 1725; 2005,79)
NRS
1. In cases of voluntary manslaughter, there must be aserious and highly provoking injury inflicted upon the person killing,sufficient to excite an irresistible passion in a reasonable person, or anattempt by the person killed to commit a serious personal injury on the personkilling.
2. Voluntary manslaughter does not include vehicularmanslaughter as described in NRS 484.3775.
[1911 C&P 123; RL 6388; NCL 10070](NRS A
NRS
[1911 C&P 124; RL 6389; NCL 10071]
NRS
1. Except under the circumstances provided in
2. Involuntary manslaughter does not include vehicularmanslaughter as described in NRS 484.3775.
[1911 C&P 125; RL 6390; NCL 10072](NRS A1981, 867; 1983, 1014; 1995, 1726;
NRS
[1911 C&P 126; A 1937, 103; 1931 NCL 10073](NRS A 1979, 1424; 1995, 1182)
NRS
[1911 C&P 126 1/2; added 1937, 103; 1931 NCL 10073.01](NRS A 1967, 468; 1995, 1182)
NRS
1. If the injury be inflicted in one county, and theparty die within another county, or without the State, the accused shall betried in the county where the act was done, or the cause of death administered.
2. If the party killing shall be in one county, andthe party killed in another county, at the time the cause of death shall beadministered, the accused may be tried in either county.
[1911 C&P 128; RL 6393; NCL 10075]
NRS
[1911 C&P 129; RL 6394; NCL 10076](NRS A1983, 518)
NRS
[1911 C&P 130; RL 6395; NCL 10077]
NRS
1. In obedience to the judgment of a competent court.
2. When necessary to overcome actual resistance to theexecution of the legal process, mandate or order of a court or officer, or inthe discharge of a legal duty.
3. When necessary:
(a) In retaking an escaped or rescued prisoner who hasbeen committed, arrested for, or convicted of a felony;
(b) In attempting, by lawful ways or means, toapprehend or arrest a person; or
(c) In lawfully suppressing a riot or preserving thepeace.
[1911 C&P 131; RL 6396; NCL 10078](NRS A1975, 323; 1993, 931)
NRS
[1911 C&P 132; RL 6397; NCL 10079]
NRS
1. In the lawful defense of the slayer, or his or herhusband, wife, parent, child, brother or sister, or of any other person in hispresence or company, when there is reasonable ground to apprehend a design onthe part of the person slain to commit a felony or to do some great personalinjury to the slayer or to any such person, and there is imminent danger ofsuch design being accomplished; or
2. In the actual resistance of an attempt to commit afelony upon the slayer, in his presence, or upon or in a dwelling, or otherplace of abode in which he is.
[1911 C&P 133; A 1931, 160; 1931 NCL 10080](NRS A 1993, 932)
NRS
[1911 C&P 134; A 1951, 524]
NRS
1. Excusable homicide by misadventure occurs when:
(a) A person is doing a lawful act, without anyintention of killing, yet unfortunately kills another, as where a man is atwork with an ax and the head flies off and kills a bystander; or
(b) An officer punishing a criminal happens to occasiondeath, which acts of correction are lawful.
2. If the officer exceeds the sentence under which heacts, either in the manner, the instrument, or quantity of punishment, anddeath ensues, it is manslaughter or murder, according to the circumstances ofthe case.
[1911 C&P 135; RL 6400; NCL 10082](NRS A1985, 1399)
NRS
[1911 C&P 136; RL 6401; NCL 10083]
NRS
1. The danger was so urgent and pressing that, inorder to save his own life, or to prevent his receiving great bodily harm, thekilling of the other was absolutely necessary; and
2. The person killed was the assailant, or that theslayer had really, and in good faith, endeavored to decline any furtherstruggle before the mortal blow was given.
[1911 C&P 137; RL 6402; NCL 10084]
NRS
[1911 C&P 138; RL 6403; NCL 10085](NRS A1967, 468; 1979, 1425; 1995, 1182)
NRS
[1911 C&P 140; RL 6405; NCL 10087](NRS A1967, 468; 1973, 1639; 1979, 1425; 1995, 1183)
NRS
1. If the overloading is negligent, for a category Dfelony as provided in NRS 193.130.
2. If the overloading is willful, for a category Bfelony by imprisonment in the state prison for a minimum term of not less than1 year and a maximum term of not more than 10 years, and may be furtherpunished by a fine of not more than $10,000.
[1911 C&P 141; RL 6406; NCL 10088](NRS A1967, 468; 1979, 1425; 1995, 1183)
NRS
[1911 C&P 142; RL 6407; NCL 10089](NRS A1967, 469; 1995, 1183)
NRS
[1911 C&P 144; RL 6409; NCL 10091](NRS A1967, 469; 1983, 120; 1995, 1183)
BODILY INJURY
NRS
(Added to NRS by 1983, 519)
NRS
1. If a court determines that a person who iscurrently enrolled in a secondary school unlawfully caused or attempted tocause serious bodily injury to another person, the court shall provide theinformation specified in subsection 2 to the school district in which theoffender is currently enrolled.
2. The information required to be provided pursuant tosubsection 1 must include:
(a) The name of the offender;
(b) A description of any injury sustained by the otherperson;
(c) A description of any weapon used by the offender;and
(d) A description of any threats made by the offenderagainst the other person before, during or after the incident in which theoffender injured or attempted to injure the person.
(Added to NRS by 1997, 1363)
MAYHEM
NRS
[1911 C&P 151; RL 6416; NCL 10098](NRS A1967, 469; 1979, 1425; 1995, 1183)
NRS
[1911 C&P 152; RL 6417; NCL 10099]
NRS
[1911 C&P 153; RL 6418; NCL 10100]
KIDNAPPING
1. A person who willfully seizes, confines, inveigles,entices, decoys, abducts, conceals, kidnaps or carries away a person by anymeans whatsoever with the intent to hold or detain, or who holds or detains,the person for ransom, or reward, or for the purpose of committing sexualassault, extortion or robbery upon or from the person, or for the purpose ofkilling the person or inflicting substantial bodily harm upon him, or to exactfrom relatives, friends, or any other person any money or valuable thing forthe return or disposition of the kidnapped person, and a person who leads,takes, entices, or carries away or detains any minor with the intent to keep,imprison, or confine him from his parents, guardians, or any other person havinglawful custody of the minor, or with the intent to hold the minor to unlawfulservice, or perpetrate upon the person of the minor any unlawful act is guiltyof kidnapping in the first degree which is a category A felony.
2. A person who willfully and without authority of lawseizes, inveigles, takes, carries away or kidnaps another person with theintent to keep the person secretly imprisoned within the State, or for thepurpose of conveying the person out of the State without authority of law, orin any manner held to service or detained against his will, is guilty ofkidnapping in the second degree which is a category B felony.
[1:165:1947; 1943 NCL 10612.05](NRS A 1959, 20;1979, 39; 1987, 495; 1995, 1184)
NRS
1. Where the kidnapped person suffers substantialbodily harm during the act of kidnapping or the subsequent detention andconfinement or in attempted escape or escape therefrom, 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 15 years has been served; or
(c) For a definite term of 40 years, with eligibilityfor parole beginning when a minimum of 15 years has been served.
2. Where the kidnapped person suffers no substantialbodily harm as a result of the kidnapping, by imprisonment in the state prison:
(a) For life with the possibility of parole, witheligibility for parole beginning when a minimum of 5 years has been served; or
(b) For a definite term of 15 years, with eligibilityfor parole beginning when a minimum of 5 years has been served.
[2:165:1947; 1943 NCL 10612.06](NRS A 1967, 469;1973, 1804; 1995, 1184)
NRS
[3:165:1947; 1943 NCL 10612.07](NRS A 1967, 469;1979, 1425; 1995, 1185)
NRS
1. A person who aids and abets kidnapping in the firstdegree is guilty of a category A felony and shall be punished for kidnapping inthe first degree as provided in NRS 200.320.
2. A person who aids and abets kidnapping in thesecond degree 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.
[4:165:1947; 1943 NCL 10612.08](NRS A 1967, 470;1995, 1185)
NRS
1. Any proceedings for kidnapping may be institutedeither in the county where the offense was committed or in any county throughor in which the person kidnapped or confined was taken or kept while underconfinement or restraint.
2. Upon the trial for violation of
[5:165:1947; 1943 NCL 10612.09]
NRS
(Added to NRS by 1991, 1422)
NRS
1. A person having a limited right of custody to achild by operation of law or pursuant to an order, judgment or decree of anycourt, including a judgment or decree which grants another person rights tocustody or visitation of the child, or any parent having no right of custody tothe child, who:
(a) In violation of an order, judgment or decree of anycourt willfully detains, conceals or removes the child from a parent, guardianor other person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of anycourt that does not specify when the right to physical custody or visitation isto be exercised, removes the child from the jurisdiction of the court withoutthe consent of either the court or all persons who have the right to custody orvisitation,
is guilty ofa category D felony and shall be punished as provided in
2. A parent who has joint legal custody of a childpursuant to NRS 125.465 shall notwillfully conceal or remove the child from the custody of the other parent withthe specific intent to deprive the other parent of the parent and child relationship.A person who violates this subsection shall be punished as provided in subsection1.
3. If the mother of a child has primary physicalcustody pursuant to subsection 2 of NRS126.031, the father of the child shall not willfully conceal or remove thechild from the physical custody of the mother. If the father of a child hasprimary physical custody pursuant to subsection 2 of
4. Before an arrest warrant may be issued for aviolation of this section, the court must find that:
(a) This is the home state of the child, as defined in
(b) There is cause to believe that the entry of a courtorder in a civil proceeding brought pursuant to chapter125, 125A or
5. Upon conviction for a violation of this section,the court shall order the defendant to pay restitution for any expensesincurred in locating or recovering the child.
6. The prosecuting attorney may recommend to the judgethat the defendant be sentenced as for a misdemeanor and the judge may imposesuch a sentence if he finds that:
(a) The defendant has no prior conviction for thisoffense and the child has suffered no substantial harm as a result of theoffense; or
(b) The interests of justice require that the defendantbe punished as for a misdemeanor.
7. A person who aids or abets any other person toviolate this section shall be punished as provided in subsection 1.
8. This section does not apply to a person whodetains, conceals or removes a child to protect the child from the imminentdanger of abuse or neglect or to protect himself from imminent physical harm,and reported the detention, concealment or removal to a law enforcement agencyor an agency which provides child welfare services within 24 hours afterdetaining, concealing or removing the child, or as soon as the circumstancesallowed. As used in this subsection:
(a) Abuse or neglect has the meaning ascribed to itin paragraph (a) of subsection 4 of NRS200.508.
(b) Agency which provides child welfare services hasthe meaning ascribed to it in NRS 432B.030.
(Added to NRS by 1975, 1397; A 1981, 564; 1989, 1678;1991, 1422; 1993, 1425; 1995, 997, 1185, 1338;
SEXUAL ASSAULT AND SEDUCTION
NRS
1. Perpetrator means a person who commits a sexualassault.
2. Sexual penetration means cunnilingus, fellatio,or any intrusion, however slight, of any part of a persons body or any objectmanipulated or inserted by a person into the genital or anal openings of thebody of another, including sexual intercourse in its ordinary meaning.
3. Statutory sexual seduction means:
(a) Ordinary sexual intercourse, anal intercourse,cunnilingus or fellatio committed by a person 18 years of age or older with aperson under the age of 16 years; or
(b) Any other sexual penetration committed by a person18 years of age or older with a person under the age of 16 years with theintent of arousing, appealing to, or gratifying the lust or passions or sexualdesires of either of the persons.
4. Victim means a person who is subjected to asexual assault.
(Added to NRS by 1977, 1626; A 1979, 572; 1991, 801;1995, 700)
NRS
1. A person who subjects another person to sexual penetration,or who forces another person to make a sexual penetration on himself oranother, or on a beast, against the will of the victim or under conditions inwhich the perpetrator knows or should know that the victim is mentally orphysically incapable of resisting or understanding the nature of his conduct,is guilty of sexual assault.
2. Except as otherwise provided in subsections 3 and4, a person who commits a sexual assault is guilty of a category A felony andshall be punished:
(a) If substantial bodily harm to the victim resultsfrom the actions of the defendant committed in connection with or as a part ofthe sexual assault, by imprisonment in the state prison:
(1) For life without the possibility of parole;or
(2) For life with the possibility of parole,with eligibility for parole beginning when a minimum of 15 years has beenserved.
(b) If no substantial bodily harm to the victimresults, by imprisonment in the state prison for life with the possibility ofparole, with eligibility for parole beginning when a minimum of 10 years hasbeen served.
3. Except as otherwise provided in subsection 4, aperson who commits a sexual assault against a child under the age of 16 yearsis guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm tothe child, by imprisonment in the state prison for life without the possibilityof parole.
(b) Except as otherwise provided in paragraph (c), ifthe crime does not result in substantial bodily harm to the child, byimprisonment in the state prison for life with the possibility of parole, witheligibility for parole beginning when a minimum of 20 years has been served.
(c) If the crime is committed against a child under theage of 14 years and does not result in substantial bodily harm to the child, byimprisonment in the state prison for life with the possibility of parole, witheligibility for parole beginning when a minimum of 20 years has been served.
4. A person who commits a sexual assault against achild under the age of 16 years and who has been previously convicted of:
(a) A sexual assault pursuant to this section or anyother sexual offense against a child; or
(b) An offense committed in another jurisdiction that,if committed in this State, would constitute a sexual assault pursuant to thissection or any other sexual offense against a child,
is guilty ofa category A felony and shall be punished by imprisonment in the state prisonfor life without the possibility of parole.
5. For the purpose of this section, other sexualoffense against a child means any act committed by an adult upon a childconstituting:
(a) Incest pursuant to
(b) Lewdness with a child pursuant to
(c) Sado-masochistic abuse pursuant to
(d) Luring a child using a computer, system or networkpursuant to NRS 201.560, if punished asa felony.
(Added to NRS by 1977, 1626; A 1991, 612; 1995, 1186;1997, 1179, 1719; 1999,431; 2003, 2825;2005, 2874)
NRS
1. If he is 21 years of age or older, for a category Cfelony as provided in NRS 193.130.
2. If he is under the age of 21 years, for a grossmisdemeanor.
(Added to NRS by 1977, 1627; A 1979, 1426; 1995,1187; 2001, 703)
NRS
(Added to NRS by 1967, 470; A 1975, 1141; 1977, 1628;1987, 1165)
NRS
1. This State has a compelling interest in assuringthat the victim of a sexual assault:
(a) Reports the assault to the appropriate authorities;
(b) Cooperates in the investigation and prosecution ofthe assault; and
(c) Testifies at the criminal trial of the personcharged with committing the assault.
2. The fear of public identification and invasion ofprivacy are fundamental concerns for the victims of sexual assault. If theseconcerns are not addressed and the victims are left unprotected, the victimsmay refrain from reporting and prosecuting sexual assaults.
3. A victim of a sexual assault may be harassed,intimidated and psychologically harmed by a public report that identifies thevictim. A sexual assault is, in many ways, a unique, distinctive and intrusivepersonal trauma. The consequences of identification are often additionalpsychological trauma and the public disclosure of private personal experiences.
4. Recent public criminal trials have focusedattention on these issues and have dramatized the need for basic protectionsfor the victims of sexual assault.
5. The public has no overriding need to know theindividual identity of the victim of a sexual assault.
6. The purpose of NRS200.3771 to 200.3774, inclusive, isto protect the victims of sexual assault from harassment, intimidation,psychological trauma and the unwarranted invasion of their privacy byprohibiting the disclosure of their identities to the public.
(Added to NRS by 1993, 2475)
NRS
1. Except as otherwise provided in this section, anyinformation which is contained in:
(a) Court records, including testimony from witnesses;
(b) Intelligence or investigative data, reports ofcrime or incidents of criminal activity or other information;
(c) Records of criminal history, as that term isdefined in NRS 179A.070; and
(d) Records in the Central Repository for NevadaRecords of Criminal History,
that revealsthe identity of a victim of sexual assault is confidential, including but notlimited to the victims photograph, likeness, name, address or telephonenumber.
2. A defendant charged with a sexual assault and hisattorney are entitled to all identifying information concerning the victim inorder to prepare the defense of the defendant. The defendant and his attorneyshall not disclose this information except, as necessary, to those personsdirectly involved in the preparation of the defense.
3. A court of competent jurisdiction may authorize therelease of the identifying information, upon application, if the courtdetermines that:
(a) The person making the application has demonstratedto the satisfaction of the court that good cause exists for the disclosure;
(b) The disclosure will not place the victim at risk ofpersonal harm; and
(c) Reasonable notice of the application and an opportunityto be heard have been given to the victim.
4. Nothing in this section prohibits:
(a) Any publication or broadcast by the mediaconcerning a sexual assault.
(b) The disclosure of identifying information to anynonprofit organization or public agency whose purpose is to provide counseling,services for the management of crises or other assistance to the victims ofcrimes if:
(1) The organization or agency needs identifyinginformation of victims to offer such services; and
(2) The court or a law enforcement agencyapproves the organization or agency for the receipt of the identifyinginformation.
5. The willful violation of any provision of thissection or the willful neglect or refusal to obey any court order made pursuantthereto is punishable as criminal contempt.
(Added to NRS by 1993, 2476)
NRS
1. A victim of a sexual assault may choose a pseudonymto be used instead of the victims name on all files, records and documentspertaining to the sexual assault, including, without limitation, criminalintelligence and investigative reports, court records and media releases.
2. A victim who chooses to use a pseudonym shall filea form to choose a pseudonym with the law enforcement agency investigating theoffense. The form must be provided by the law enforcement agency.
3. If the victim files a form to use a pseudonym, assoon as practicable the law enforcement agency shall make a good faith effortto:
(a) Substitute the pseudonym for the name of the victimon all reports, files and records in the agencys possession; and
(b) Notify the prosecuting attorney of the pseudonym.
The lawenforcement agency shall maintain the form in a manner that protects theconfidentiality of the information contained therein.
4. Upon notification that a victim has elected to bedesignated by a pseudonym, the court shall ensure that the victim is designatedby the pseudonym in all legal proceedings concerning the sexual assault.
5. The information contained on the form to choose apseudonym concerning the actual identity of the victim is confidential and mustnot be disclosed to any person other than the defendant or his attorney unlessa court of competent jurisdiction orders the disclosure of the information. Thedisclosure of information to a defendant or his attorney is subject to theconditions and restrictions specified in subsection 2 of
6. A court of competent jurisdiction may order thedisclosure of the information contained on the form only if it finds that theinformation is essential in the trial of the defendant accused of the sexualassault or the identity of the victim is at issue.
7. A law enforcement agency that complies with therequirements of this section is immune from civil liability for unknowingly orunintentionally:
(a) Disclosing any information contained on the formfiled by a victim of sexual assault pursuant to this section that reveals theidentity of the victim; or
(b) Failing to substitute the pseudonym of the victimfor the name of the victim on all reports, files and records in the agencyspossession.
(Added to NRS by 1993, 2477)
NRS
1. A public officer or employee who has access to anyrecords, files or other documents which include the photograph, likeness, name,address, telephone number or other fact or information that reveals theidentity of a victim of a sexual assault shall not intentionally or knowinglydisclose the identifying information to any person other than:
(a) The defendant or his attorney;
(b) A person who is directly involved in theinvestigation, prosecution or defense of the case;
(c) A person specifically named in a court order issuedpursuant to NRS 200.3771; or
(d) A nonprofit organization or public agency approvedto receive the information pursuant to NRS200.3771.
2. A person who violates the provisions of subsection1 is guilty of a misdemeanor.
(Added to NRS by 1993, 2477)
NRS
(Added to NRS by 1993, 2478)
ROBBERY
NRS
1. Robbery is the unlawful taking of personal propertyfrom the person of another, or in his presence, against his will, by means offorce or violence or fear of injury, immediate or future, to his person orproperty, or the person or property of a member of his family, or of anyone inhis company at the time of the robbery. A taking is by means of force or fearif force or fear is used to:
(a) Obtain or retain possession of the property;
(b) Prevent or overcome resistance to the taking; or
(c) Facilitate escape.
The degreeof force used is immaterial if it is used to compel acquiescence to the takingof or escaping with the property. A taking constitutes robbery whenever itappears that, although the taking was fully completed without the knowledge ofthe person from whom taken, such knowledge was prevented by the use of force orfear.
2. A person who commits robbery is guilty of 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 15years.
[1911 C&P 162; RL 6427; NCL 10109](NRS A1961, 53; 1967, 470; 1993, 253; 1995, 1187)
ATTEMPTS TO KILL
NRS
1. For life with the possibility of parole, witheligibility for parole beginning when a minimum of 5 years has been served; or
2. For a definite term of 15 years, with eligibilityfor parole beginning when a minimum of 5 years has been served.
[1911 C&P 139; RL 6404; NCL 10086](NRS A1967, 471; 1995, 1188)
BATTERY WITH INTENT TO COMMIT A CRIME
NRS
1. As used in this section, battery means anywillful and unlawful use of force or violence upon the person of another.
2. A person who is convicted of battery with theintent to commit mayhem, robbery or grand larceny is guilty of a category Bfelony and shall be punished by imprisonment in the state prison for a minimumterm of not less than 2 years and a maximum term of not more than 10 years, andmay be further punished by a fine of not more than $10,000.
3. A person who is convicted of battery with theintent to kill 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 20 years.
4. A person who is convicted of battery with theintent to commit sexual assault shall be punished:
(a) If the crime results in substantial bodily harm tothe victim, for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole;or
(2) For life with the possibility of parole,with eligibility for parole beginning when a minimum of 10 years has beenserved,
as determinedby the verdict of the jury, or the judgment of the court if there is no jury.
(b) If the crime does not result in substantial bodilyharm to the victim and the victim is 16 years of age or older, for a category Afelony by imprisonment in the state prison for a minimum term of not less than2 years and a maximum term of life with the possibility of parole.
(c) If the crime does not result in substantial bodilyharm to the victim and the victim is a child under the age of 16, for acategory A felony by imprisonment in the state prison for a minimum term of notless than 5 years and a maximum term of life with the possibility of parole.
In additionto any other penalty, a person convicted pursuant to this subsection may bepunished by a fine of not more than $10,000.
[1911 C&P 148; RL 6413; NCL 10095](NRS A1967, 471; 1971, 1385; 1973, 1805; 1977, 1628; 1979, 1426; 1981, 903; 1985,247; 1991, 123; 1995, 1188;
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
NRS
(Added to NRS by 1987, 1624; A 1995, 1189; 1997, 903)
NRS
1. A person who causes to be administered to anotherperson any controlled substance without that persons knowledge and with theintent thereby to enable or assist himself or any other person to commit acrime of violence against that person or the property of that person, is guiltyof a category B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 20 years.
2. As used in this section:
(a) Controlled substance includes flunitrazepam andgamma-hydroxybutyrate and each substance for which flunitrazepam orgamma-hydroxybutyrate is an immediate precursor as defined in
(b) Crime of violence means:
(1) Any offense involving the use or threateneduse of force or violence against the person or property of another; or
(2) Any felony for which there is a substantialrisk that force or violence may be used against the person or property ofanother in the commission of the felony.
(c) Without a persons knowledge means the person isunaware that a substance that can alter his ability to appraise conduct or todecline participation in or communicate an unwillingness to participate inconduct has been administered to him.
(Added to NRS by 1997, 902)
DUELS AND CHALLENGES
NRS
[1911 C&P 157; RL 6422; NCL 10104](NRS A1959, 10; 1995, 1189; 1999,2)
NRS
[1911 C&P 159; RL 6424; NCL 10106](NRS A1979, 1426)
NRS
[1911 C&P 160; RL 6425; NCL 10107](NRS A1959, 10; 1967, 471)
NRS
1. If a person, upon previous concert and agreement,fights with any other person or gives, sends or authorizes any other person togive or send a challenge verbally or in writing to fight any other person, theperson giving, sending or accepting the challenge to fight any other personshall be punished:
(a) If the fight does not involve the use of a deadlyweapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon,for a category B felony by imprisonment in the state prison for a minimum termof not less than 1 year and a maximum term of not more than 6 years, and may befurther punished by a fine of not more than $5,000.
2. A person who acts for another in giving, sending,or accepting, either verbally or in writing, a challenge to fight any otherperson shall be punished:
(a) If the fight does not involve the use of a deadlyweapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon,for a category B felony by imprisonment in the state prison for a minimum termof not less than 1 year and a maximum term of not more than 6 years, and may befurther punished by a fine of not more than $5,000.
3. Should death ensue to a person in such a fight, orshould a person die from any injuries received in such a fight, the personcausing or having any agency in causing the death, either by fighting or bygiving or sending for himself or for any other person, or in receiving forhimself or for any other person, the challenge to fight, is guilty of murder inthe first degree which is a category A felony and shall be punished as providedin subsection 4 of NRS 200.030.
[1911 C&P 161; RL 6426; NCL 10108](NRS A1967, 472; 1977, 884; 1979, 1426; 1995, 1189;
FALSE IMPRISONMENT
NRS
1. False imprisonment is an unlawful violation of thepersonal liberty of another, and consists in confinement or detention withoutsufficient legal authority.
2. A person convicted of false imprisonment shall payall damages sustained by the person so imprisoned, and, except as otherwiseprovided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant tosubsection 4, if the false imprisonment is committed:
(a) By a prisoner in a penal institution without adeadly weapon; or
(b) By any other person with the use of a deadlyweapon,
the personconvicted of such a false imprisonment is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant tosubsection 5, if the false imprisonment is committed by using the person soimprisoned as a shield or to avoid arrest, the person convicted of such a falseimprisonment 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 15 years.
5. If the false imprisonment is committed by aprisoner who is in lawful custody or confinement with the use of a deadlyweapon, the person convicted of such a false imprisonment is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 1 year and a maximum term of not more than 20years.
[1911 C&P 175; RL 6440; NCL 10122](NRS A1967, 472; 1981, 614; 1995, 1190;
INVOLUNTARY SERVITUDE; PURCHASE OR SALE OF PERSON
NRS
1. A person who knowingly subjects, or attempts tosubject, another person to forced labor or services by:
(a) Causing or threatening to cause physical harm toany person;
(b) Physically restraining or threatening to physicallyrestrain any person;
(c) Abusing or threatening to abuse the law or legalprocess;
(d) Knowingly destroying, concealing, removing,confiscating or possessing any actual or purported passport or otherimmigration document, or any other actual or purported governmentidentification document, of the person;
(e) Extortion; or
(f) Causing or threatening to cause financial harm toany person,
is guilty ofholding a person in involuntary servitude.
2. A person who is found guilty of holding a person ininvoluntary servitude is guilty of a category B felony and shall be punished:
(a) Where the victim suffers substantial bodily harmwhile held in involuntary servitude or in attempted escape or escape therefrom,by imprisonment in the state prison for a minimum term of not less than 7 yearsand a maximum term of not more than 20 years, and may be further punished by afine of not more than $50,000.
(b) Where the victim suffers no substantial bodily harmas a result of being held in involuntary servitude, by imprisonment in thestate prison for a minimum term of not less than 5 years and a maximum term ofnot more than 20 years, and may be further punished by a fine of not more than$50,000.
(Added to NRS by
NRS
1. Recruits, entices, harbors, transports, provides orobtains by any means, or attempts to recruit, entice, harbor, transport,provide or obtain by any means, another person, intending or knowing that theperson will be held in involuntary servitude; or
2. Benefits, financially or by receiving anything ofvalue, from participating in a violation of NRS200.463,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 1 year and a maximum term of not more than15 years, and may be further punished by a fine of not more than $50,000.
(Added to NRS by
NRS
1. Assumes or attempts to assume rights of ownershipover another person;
2. Sells or attempts to sell a person to another;
3. Receives money or anything of value inconsideration of placing a person in the custody or under the control ofanother;
4. Buys or attempts to buy a person;
5. Except as otherwise provided in
6. Knowingly aids or assists in any manner a personwho violates any provision of this section,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 5 years and a maximum term of not more than20 years, and may be further punished by a fine of not more than $50,000.
(Added to NRS by 1989, 1186; A 1995, 1190;
ASSAULT AND BATTERY
NRS
1. As used in this section:
(a) Assault means intentionally placing anotherperson in reasonable apprehension of immediate bodily harm.
(b) Officer means:
(1) A person who possesses some or all of the powersof a peace officer;
(2) A person employed in a full-time salariedoccupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or othercorrectional officer of a city or county jail;
(5) A justice of the Supreme Court, districtjudge, justice of the peace, municipal judge, magistrate, court commissioner,master or referee, including a person acting pro tempore in a capacity listedin this subparagraph; or
(6) An employee of the State or a politicalsubdivision of the State whose official duties require him to make home visits.
(c) Provider of health care means a physician, aphysician assistant, a practitioner of respiratory care, a homeopathicphysician, an advanced practitioner of homeopathy, a homeopathic assistant, anosteopathic physician, an osteopathic physicians assistant, a podiatricphysician, a podiatry hygienist, a physical therapist, a medical laboratorytechnician, an optometrist, a chiropractor, a chiropractors assistant, adoctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant,a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, anintern pharmacist, an attendant on an ambulance or air ambulance, apsychologist, a social worker, a marriage and family therapist and an emergencymedical technician.
(d) School employee means a licensed or unlicensedperson employed by a board of trustees of a school district pursuant to
(e) Sporting event has the meaning ascribed to it in
(f) Sports official has the meaning ascribed to it inNRS 41.630.
(g) Taxicab has the meaning ascribed to it in
(h) Taxicab driver means a person who operates ataxicab.
(i) Transit operator means a person who operates abus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) of this subsection does notapply to the circumstances of the crime and the assault is not made with theuse of a deadly weapon, or the present ability to use a deadly weapon, for amisdemeanor.
(b) If the assault is made with the use of a deadlyweapon, or the present ability to use a deadly weapon, for a category B felonyby 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 by a fine of not more than$5,000, or by both fine and imprisonment.
(c) If paragraph (d) of this subsection does not applyto the circumstances of the crime and if the assault is committed upon anofficer, a provider of health care, a school employee, a taxicab driver or atransit operator who is performing his duty or upon a sports official based onthe performance of his duties at a sporting event, and the person charged knewor should have known that the victim was an officer, a provider of health care,a school employee, a taxicab driver, a transit operator or a sports official,for a gross misdemeanor, unless the assault is made with the use of a deadlyweapon, or the present ability to use a deadly weapon, then for a category Bfelony by imprisonment in the state prison for a minimum term of not less than1 year and a maximum term of not more than 6 years, or by a fine of not morethan $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, aprovider of health care, a school employee, a taxicab driver or a transitoperator who is performing his duty or upon a sports official based on theperformance of his duties at a sporting event by a probationer, a prisoner whois in lawful custody or confinement or a parolee, and the probationer, prisoneror parolee charged knew or should have known that the victim was an officer, aprovider of health care, a school employee, a taxicab driver, a transit operatoror a sports official, for a category D felony as provided in
(Added to NRS by 1971, 1384; A 1981, 903; 1985, 248;1989, 1010; 1991, 124, 774; 1995, 21, 1190, 1321; 1997, 434;
NRS
1. As used in this section:
(a) Battery means any willful and unlawful use offorce or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A person who possesses some or all of thepowers of a peace officer;
(2) A person employed in a full-time salariedoccupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or othercorrectional officer of a city or county jail or detention facility;
(5) A justice of the Supreme Court, districtjudge, justice of the peace, municipal judge, magistrate, court commissioner,master or referee, including, without limitation, a person acting pro temporein a capacity listed in this subparagraph; or
(6) An employee of the State or a politicalsubdivision of the State whose official duties require him to make home visits.
(d) Provider of health care has the meaning ascribedto it in NRS 200.471.
(e) School employee means a licensed or unlicensedperson employed by a board of trustees of a school district pursuant to
(f) Sporting event has the meaning ascribed to it in
(g) Sports official has the meaning ascribed to it inNRS 41.630.
(h) Taxicab has the meaning ascribed to it in
(i) Taxicab driver means a person who operates ataxicab.
(j) Transit operator means a person who operates abus or other vehicle as part of a public mass transportation system.
2. Except as otherwise provided in
(a) If the battery is not committed with a deadlyweapon, and no substantial bodily harm to the victim results, except undercircumstances where a greater penalty is provided in paragraph (d) or in
(b) If the battery is not committed with a deadlyweapon, and substantial bodily harm to the victim results, for a category Cfelony as provided in NRS 193.130.
(c) If the battery is committed:
(1) Upon an officer, provider of health care,school employee, taxicab driver or transit operator who was performing his dutyor upon a sports official based on the performance of his duties at a sportingevent;
(2) The officer, provider of health care, schoolemployee, taxicab driver, transit operator or sports official sufferssubstantial bodily harm; and
(3) The person charged knew or should have knownthat the victim was an officer, provider of health care, school employee,taxicab driver, transit operator or sports official,
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 10 years, or by a fine ofnot more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer,provider of health care, school employee, taxicab driver or transit operatorwho is performing his duty or upon a sports official based on the performanceof his duties at a sporting event and the person charged knew or should haveknown that the victim was an officer, provider of health care, school employee,taxicab driver, transit operator or sports official, for a gross misdemeanor,except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of adeadly weapon, and:
(1) No substantial bodily harm to the victimresults, for a category B felony by imprisonment in the state prison for aminimum 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.
(2) Substantial bodily harm to the victimresults, for a category B felony by imprisonment in the state prison for aminimum term of not less than 2 years and a maximum term of not more than 15years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a probationer, aprisoner who is in lawful custody or confinement or a parolee, without the useof a deadly weapon, whether or not substantial bodily harm results, for acategory B felony by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a probationer, aprisoner who is in lawful custody or confinement or a parolee, with the use ofa deadly weapon, and:
(1) No substantial bodily harm to the victimresults, for a category B felony by imprisonment in the state prison for aminimum term of not less than 2 years and a maximum term of not more than 10years.
(2) Substantial bodily harm to the victimresults, for a category B felony by imprisonment in the state prison for aminimum term of not less than 2 years and a maximum term of not more than 15years.
(Added to NRS by 1971, 1385; A 1973, 1444; 1975,1063; 1977, 736; 1979, 213, 1427; 1981, 12, 614; 1983, 673; 1985, 248, 2171;1987, 515; 1989, 1178; 1991, 154, 774; 1995, 22, 903, 1191, 1321, 1335; 1997,435, 1180, 1813; 1999,141; 2001, 381;2003, 355;
NRS
1. Unless a greater penalty is providedpursuant to NRS 200.481, a person convictedof a battery which constitutes domestic violence pursuant to
(a) For the first offense within 7 years, is guilty ofa misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail ordetention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not morethan 120 hours, of community service.
The personshall be further punished by a fine of not less than $200, but not more than$1,000. A term of imprisonment imposed pursuant to this paragraph may be servedintermittently at the discretion of the judge or justice of the peace, exceptthat each period of confinement must be not less than 4 consecutive hours andmust occur at a time when the person is not required to be at his place ofemployment or on a weekend.
(b) For the second offense within 7 years, is guilty ofa misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail ordetention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but notmore than 200 hours, of community service.
The personshall be further punished by a fine of not less than $500, but not more than$1,000.
(c) For the third and any subsequent offense within 7years, is guilty of a category C felony and shall be punished as provided in
2. In addition to any other penalty, if a person isconvicted of a battery which constitutes domestic violence pursuant to
(a) Except as otherwise provided in this subsection,for the first offense within 7 years, require him to participate in weeklycounseling sessions of not less than 1 1/2 hours per week for not less than 6months, but not more than 12 months, at his expense, in a program for thetreatment of persons who commit domestic violence that has been certifiedpursuant to NRS 228.470.
(b) Except as otherwise provided in this subsection,for the second offense within 7 years, require him to participate in weeklycounseling sessions of not less than 1 1/2 hours per week for 12 months, at hisexpense, in a program for the treatment of persons who commit domestic violencethat has been certified pursuant to NRS228.470.
If theperson resides more than 70 miles from the nearest location at which counselingservices are available, the court may allow the person to participate in counselingsessions in a program for the treatment of persons who commit domestic violencethat has been certified pursuant to NRS228.470 every other week for the number of months required pursuant toparagraph (a) or (b) so long as the number of hours of counseling is not lessthan 6 hours per month. If the person resides in this State but the nearestlocation at which counseling services are available is in another state, thecourt may allow the person to participate in counseling in the other state in aprogram for the treatment of persons who commit domestic violence that has beencertified pursuant to NRS 228.470.
3. An offense that occurred within 7 years immediatelypreceding the date of the principal offense or after the principal offenseconstitutes a prior offense for the purposes of this section when evidenced bya conviction, without regard to the sequence of the offenses and convictions.The facts concerning a prior offense must be alleged in the complaint,indictment or information, must not be read to the jury or proved at trial butmust be proved at the time of sentencing and, if the principal offense isalleged to be a felony, must also be shown at the preliminary examination orpresented to the grand jury.
4. In addition to any other fine or penalty, the courtshall order such a person to pay an administrative assessment of $35. Any moneyso collected must be paid by the clerk of the court to the State Controller onor before the fifth day of each month for the preceding month for credit to theAccount for Programs Related to Domestic Violence established pursuant to
5. In addition to any other penalty, the court mayrequire such a person to participate, at his expense, in a program of treatmentfor the abuse of alcohol or drugs that has been certified by the HealthDivision of the Department of Health and Human Services.
6. If it appears from information presented to thecourt that a child under the age of 18 years may need counseling as a result ofthe commission of a battery which constitutes domestic violence pursuant to
7. If a person is charged with committing a batterywhich constitutes domestic violence pursuant to
8. As used in this section:
(a) Agency which provides child welfare services hasthe meaning ascribed to it in NRS 432B.030.
(b) Battery has the meaning ascribed to it inparagraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutesdomestic violence pursuant to NRS 33.018or a violation of the law of any other jurisdiction that prohibits the same orsimilar conduct.
(Added to NRS by 1997, 1811; A
NRS 200.485
1. Unless a greater penalty is providedpursuant to NRS 200.481, a person convictedof a battery which constitutes domestic violence pursuant to
(a) For the first offense within 7 years, is guilty ofa misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail ordetention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not morethan 120 hours, of community service.
The personshall be further punished by a fine of not less than $200, but not more than$1,000. A term of imprisonment imposed pursuant to this paragraph may be servedintermittently at the discretion of the judge or justice of the peace, exceptthat each period of confinement must be not less than 4 consecutive hours andmust occur at a time when the person is not required to be at his place ofemployment or on a weekend.
(b) For the second offense within 7 years, is guilty ofa misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail ordetention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but notmore than 200 hours, of community service.
The personshall be further punished by a fine of not less than $500, but not more than$1,000.
(c) For the third and any subsequent offense within 7years, is guilty of a category C felony and shall be punished as provided in
2. In addition to any other penalty, if a person isconvicted of a battery which constitutes domestic violence pursuant to
(a) For the first offense within 7 years, require himto participate in weekly counseling sessions of not less than 1 1/2 hours perweek for not less than 6 months, but not more than 12 months, at his expense,in a program for the treatment of persons who commit domestic violence that hasbeen certified pursuant to NRS 228.470.
(b) For the second offense within 7 years, require himto participate in weekly counseling sessions of not less than 1 1/2 hours perweek for 12 months, at his expense, in a program for the treatment of personswho commit domestic violence that has been certified pursuant to
If theperson resides in this State but the nearest location at which counseling servicesare available is in another state, the court may allow the person toparticipate in counseling in the other state in a program for the treatment ofpersons who commit domestic violence that has been certified pursuant to
3. An offense that occurred within 7 years immediatelypreceding the date of the principal offense or after the principal offenseconstitutes a prior offense for the purposes of this section when evidenced bya conviction, without regard to the sequence of the offenses and convictions.The facts concerning a prior offense must be alleged in the complaint,indictment or information, must not be read to the jury or proved at trial butmust be proved at the time of sentencing and, if the principal offense isalleged to be a felony, must also be shown at the preliminary examination orpresented to the grand jury.
4. In addition to any other fine or penalty, the courtshall order such a person to pay an administrative assessment of $35. Any moneyso collected must be paid by the clerk of the court to the State Controller onor before the fifth day of each month for the preceding month for credit to theAccount for Programs Related to Domestic Violence established pursuant to
5. In addition to any other penalty, the court mayrequire such a person to participate, at his expense, in a program of treatmentfor the abuse of alcohol or drugs that has been certified by the HealthDivision of the Department of Health and Human Services.
6. If it appears from information presented to thecourt that a child under the age of 18 years may need counseling as a result ofthe commission of a battery which constitutes domestic violence pursuant to
7. If a person is charged with committing a batterywhich constitutes domestic violence pursuant to
8. As used in this section:
(a) Agency which provides child welfare services hasthe meaning ascribed to it in NRS 432B.030.
(b) Battery has the meaning ascribed to it inparagraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutesdomestic violence pursuant to NRS 33.018or a violation of the law of any other jurisdiction that prohibits the same orsimilar conduct.
(Added to NRS by 1997, 1811; A
NRS
[Part 1911 C&P 150; RL 6415; NCL 10097](NRS A 1967, 473)
CRIMINAL NEGLECT OF PATIENTS
NRS
1. A professional caretaker who fails to provide suchservice, care or supervision as is reasonable and necessary to maintain thehealth or safety of a patient is guilty of criminal neglect of a patient if:
(a) The act or omission is aggravated, reckless orgross;
(b) The act or omission is such a departure from whatwould be the conduct of an ordinarily prudent, careful person under the samecircumstances that it is contrary to a proper regard for danger to human lifeor constitutes indifference to the resulting consequences;
(c) The consequences of the negligent act or omissioncould have reasonably been foreseen; and
(d) The danger to human life was not the result ofinattention, mistaken judgment or misadventure, but the natural and probableresult of an aggravated reckless or grossly negligent act or omission.
2. Unless a more severe penalty is prescribed by lawfor the act or omission which brings about the neglect, a person who commitscriminal neglect of a patient:
(a) If the neglect results in death, is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 1 year and a maximum term of not more than 20years.
(b) If the neglect results in substantial bodily harm,is guilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 6 years, or by a fine of not more than $5,000, or by both fineand imprisonment.
(c) If the neglect does not result in death orsubstantial bodily harm, is guilty of a gross misdemeanor.
3. For the purposes of this section, a patient is notneglected for the sole reason that:
(a) According to his desire, he is being furnished withtreatment by spiritual means through prayer alone in accordance with the tenetsand practices of a church or religious denomination. Subsection 1 does notauthorize or require any medical care or treatment over the implied or expressobjection of such a patient.
(b) Life-sustaining treatment was withheld or withdrawnin accordance with a valid declaration by the patient or his attorney-in-factpursuant to NRS 449.810.
4. Upon the conviction of a person for a violation ofthe provisions of subsection 1, the Attorney General shall give notice of theconviction to the licensing boards which:
(a) Licensed the facility in which the criminal neglectoccurred; and
(b) If applicable, licensed the person so convicted.
5. As used in this section:
(a) Medical facility has the meaning ascribed to itin NRS 449.0151.
(b) Patient means a person who resides or receiveshealth care in a medical facility.
(c) Professional caretaker means a person who:
(1) Holds a license, registration or permitissued pursuant to title 54 or chapter 449 ofNRS;
(2) Is employed by, an agent of or undercontract to perform services for, a medical facility; and
(3) Has responsibility to provide care topatients.
The termdoes not include a person who is not involved in the day-to-day operation ormanagement of a medical facility unless that person has actual knowledge of thecriminal neglect of a patient and takes no action to cure such neglect.
(Added to NRS by 1993, 2497; A 1995, 1192)
ABUSE AND NEGLECT OF CHILDREN
NRS
1. A person who willfully causes a child who isless than 18 years of age to suffer unjustifiable physical pain or mentalsuffering as a result of abuse or neglect or to be placed in a situation wherethe child may suffer physical pain or mental suffering as the result of abuseor neglect:
(a) If substantial bodily or mental harm results to thechild:
(1) If the child is less than 14 years of ageand the harm is the result of sexual abuse or exploitation, is guilty of acategory A felony and shall be punished by imprisonment in the state prison forlife with the possibility of parole, with eligibility for parole beginning whena minimum of 15 years has been served; or
(2) In all other such cases to whichsubparagraph (1) does not apply, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does notresult to the child:
(1) If the person has not previously beenconvicted of a violation of this section or of a violation of the law of anyother jurisdiction that prohibits the same or similar conduct, is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 1 year and a maximum term of not more than 6years; or
(2) If the person has previously been convictedof a violation of this section or of a violation of the law of any otherjurisdiction that prohibits the same or similar conduct, is guilty of 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 15years,
unless amore severe penalty is prescribed by law for an act or omission that bringsabout the abuse or neglect.
2. A person who is responsible for the safety orwelfare of a child and who permits or allows that child to suffer unjustifiablephysical pain or mental suffering as a result of abuse or neglect or to beplaced in a situation where the child may suffer physical pain or mentalsuffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to thechild:
(1) If the child is less than 14 years of ageand the harm is the result of sexual abuse or exploitation, is guilty of a categoryA felony and shall be punished by imprisonment in the state prison for lifewith the possibility of parole, with eligibility for parole beginning when aminimum of 10 years has been served; or
(2) In all other such cases to whichsubparagraph (1) does not apply, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does notresult to the child:
(1) If the person has not previously beenconvicted of a violation of this section or of a violation of the law of anyother jurisdiction that prohibits the same or similar conduct, is guilty of agross misdemeanor; or
(2) If the person has previously been convictedof a violation of this section or of a violation of the law of any otherjurisdiction that prohibits the same or similar conduct, is guilty of acategory C felony and shall be punished as provided in
unless amore severe penalty is prescribed by law for an act or omission that bringsabout the abuse or neglect.
3. A person does not commit a violation of subsection1 or 2 by virtue of the sole fact that he delivers or allows the delivery of achild to a provider of emergency services pursuant to
4. As used in this section:
(a) Abuse or neglect means physical or mental injuryof a nonaccidental nature, sexual abuse, sexual exploitation, negligenttreatment or maltreatment of a child under the age of 18 years, as set forth inparagraph (d) and NRS 432B.070,
(b) Allow means to do nothing to prevent or stop theabuse or neglect of a child in circumstances where the person knows or hasreason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable personwould not grant and which amounts to a neglect of responsibility attending thecare, custody and control of a minor child.
(d) Physical injury means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organof the body.
(e) Substantial mental harm means an injury to theintellectual or psychological capacity or the emotional condition of a child asevidenced by an observable and substantial impairment of the ability of thechild to function within his normal range of performance or behavior.
(Added to NRS by 1971, 772; A 1975, 1141; 1977, 738,1629; 1985, 1399; 1989, 866, 1510, 1512; 1995, 1193; 1997, 850, 1720;
NRS
1. A district attorney may, if the circumstancesindicate that treatment or counseling is needed, refer a person who issuspected of violating a provision of NRS200.508 to an appropriate public or private agency for treatment orcounseling. The district attorney shall obtain the consent of the agency towhich he intends to refer the person before doing so.
2. Nothing in this section limits the discretion ofthe district attorney to undertake prosecution of a person who has beenreferred for treatment or counseling pursuant to subsection 1.
(Added to NRS by 1981, 1228)
NRS
1. A person who willfully:
(a) Mutilates, or aids, abets, encourages orparticipates in the mutilation of the genitalia of a female child; or
(b) Removes a female child from this State for thepurpose of mutilating the genitalia of the child,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 2 years and a maximum term of not more than10 years, and may be further punished by a fine of not more than $10,000.
2. It is not a defense that:
(a) The person engaging in the conduct prohibited bysubsection 1 believes that the conduct is necessary or appropriate as a matterof custom, ritual or standard practice; or
(b) The child, the parent or legal guardian of thechild, or another person legally responsible for the child has consented to theconduct prohibited by subsection 1.
3. As used in this section:
(a) Child means a person who is under 18 years ofage.
(b) Mutilates the genitalia of a female child meansthe removal or infibulation in whole or in part of the clitoris, vulva, labiamajor or labia minor for nonmedical purposes.
(Added to NRS by 1997, 678)
NRS
(Added to NRS by 1979, 437)
ABUSE, NEGLECT, EXPLOITATION OR ISOLATION OF OLDER PERSONSAND VULNERABLE PERSONS
NRS
(Added to NRS by 1981, 1334; A 1997, 1348;
NRS
1. Abuse means willful and unjustified:
(a) Infliction of pain, injury or mental anguish on anolder person or a vulnerable person; or
(b) Deprivation of food, shelter, clothing or serviceswhich are necessary to maintain the physical or mental health of an olderperson or a vulnerable person.
2. Exploitation means any act taken by a person whohas the trust and confidence of an older person or a vulnerable person or anyuse of the power of attorney or guardianship of an older person or a vulnerableperson to:
(a) Obtain control, through deception, intimidation orundue influence, over the older persons or vulnerable persons money, assetsor property with the intention of permanently depriving the older person orvulnerable person of the ownership, use, benefit or possession of his money,assets or property; or
(b) Convert money, assets or property of the olderperson or vulnerable person with the intention of permanently depriving theolder person or vulnerable person of the ownership, use, benefit or possessionof his money, assets or property.
As used inthis subsection, undue influence does not include the normal influence thatone member of a family has over another.
3. Isolation means willfully, maliciously andintentionally preventing an older person or a vulnerable person from havingcontact with another person by:
(a) Intentionally preventing the older person orvulnerable person from receiving his visitors, mail or telephone calls,including, without limitation, communicating to a person who comes to visit theolder person or vulnerable person or a person who telephones the older person orvulnerable person that the older person or vulnerable person is not present ordoes not want to meet with or talk to the visitor or caller knowing that thestatement is false, contrary to the express wishes of the older person orvulnerable person and intended to prevent the older person or vulnerable personfrom having contact with the visitor; or
(b) Physically restraining the older person orvulnerable person to prevent the older person or vulnerable person from meetingwith a person who comes to visit the older person or vulnerable person.
The termdoes not include an act intended to protect the property or physical or mentalwelfare of the older person or vulnerable person or an act performed pursuantto the instructions of a physician of the older person or vulnerable person.
4. Neglect means the failure of:
(a) A person who has assumed legal responsibility or acontractual obligation for caring for an older person or a vulnerable person orwho has voluntarily assumed responsibility for his care to provide food,shelter, clothing or services which are necessary to maintain the physical ormental health of the older person or vulnerable person; or
(b) An older person or a vulnerable person to providefor his own needs because of inability to do so.
5. Older person means a person who is 60 years ofage or older.
6. Protective services means services the purpose ofwhich is to prevent and remedy the abuse, neglect, exploitation and isolationof older persons. The services may include investigation, evaluation,counseling, arrangement and referral for other services and assistance.
7. Vulnerable person means a person 18 years of ageor older who:
(a) Suffers from a condition of physical or mentalincapacitation because of a developmental disability, organic brain damage ormental illness; or
(b) Has one or more physical or mental limitations thatrestrict the ability of the person to perform the normal activities of dailyliving.
(Added to NRS by 1981, 1334; A 1983, 1359, 1652;1995, 2250; 1997, 1348;
NRS
1. Has reasonable cause to believe if, in light ofall the surrounding facts and circumstances which are known or which reasonablyshould be known to the person at the time, a reasonable person would believe,under those facts and circumstances, that an act, transaction, event, situationor condition exists, is occurring or has occurred.
2. Acts as soon as reasonably practicable if, inlight of all the surrounding facts and circumstances which are known or whichreasonably should be known to the person at the time, a reasonable person wouldact within approximately the same period under those facts and circumstances.
(Added to NRS by
NRS
1. Any personwho is described in subsection 4 and who, in his professional or occupationalcapacity, knows or has reasonable cause to believe that an older person hasbeen abused, neglected, exploited or isolated shall:
(a) Except asotherwise provided in subsection 2, report the abuse, neglect, exploitation orisolation of the older person to:
(1) Thelocal office of the Aging Services Division of the Department of Health andHuman Services;
(2) Apolice department or sheriffs office;
(3) Thecountys office for protective services, if one exists in the county where thesuspected action occurred; or
(4) Atoll-free telephone service designated by the Aging Services Division of theDepartment of Health and Human Services; and
(b) Make such areport as soon as reasonably practicable but not later than 24 hours after theperson knows or has reasonable cause to believe that the older person has beenabused, neglected, exploited or isolated.
2. If a personwho is required to make a report pursuant to subsection 1 knows or hasreasonable cause to believe that the abuse, neglect, exploitation or isolationof the older person involves an act or omission of the Aging Services Division,another division of the Department of Health and Human Services or a lawenforcement agency, the person shall make the report to an agency other thanthe one alleged to have committed the act or omission.
3. Eachagency, after reducing a report to writing, shall forward a copy of the reportto the Aging Services Division of the Department of Health and Human Services.
4. A reportmust be made pursuant to subsection 1 by the following persons:
(a) Everyphysician, dentist, dental hygienist, chiropractor, optometrist, podiatricphysician, medical examiner, resident, intern, professional or practical nurse,physician assistant, psychiatrist, psychologist, marriage and family therapist,alcohol or drug abuse counselor, athletic trainer, driver of an ambulance,advanced emergency medical technician or other person providing medicalservices licensed or certified to practice in this State, who examines, attendsor treats an older person who appears to have been abused, neglected, exploitedor isolated.
(b) Anypersonnel of a hospital or similar institution engaged in the admission,examination, care or treatment of persons or an administrator, manager or otherperson in charge of a hospital or similar institution upon notification of thesuspected abuse, neglect, exploitation or isolation of an older person by amember of the staff of the hospital.
(c) A coroner.
(d) Every personwho maintains or is employed by an agency to provide personal care services inthe home.
(e) Everyperson who maintains or is employed by an agency to provide nursing in thehome.
(f) Anyemployee of the Department of Health and Human Services.
(g) Anyemployee of a law enforcement agency or a countys office for protectiveservices or an adult or juvenile probation officer.
(h) Any personwho maintains or is employed by a facility or establishment that provides carefor older persons.
(i) Any personwho maintains, is employed by or serves as a volunteer for an agency or servicewhich advises persons regarding the abuse, neglect, exploitation or isolationof an older person and refers them to persons and agencies where their requestsand needs can be met.
(j) Everysocial worker.
(k) Any personwho owns or is employed by a funeral home or mortuary.
5. A reportmay be made by any other person.
6. If a personwho is required to make a report pursuant to subsection 1 knows or hasreasonable cause to believe that an older person has died as a result of abuse,neglect or isolation, the person shall, as soon as reasonably practicable,report this belief to the appropriate medical examiner or coroner, who shallinvestigate the cause of death of the older person and submit to theappropriate local law enforcement agencies, the appropriate prosecutingattorney and the Aging Services Division of the Department of Health and HumanServices his written findings. The written findings must include the informationrequired pursuant to the provisions of NRS200.5094, when possible.
7. A division,office or department which receives a report pursuant to this section shallcause the investigation of the report to commence within 3 working days. A copyof the final report of the investigation conducted by a division, office or department,other than the Aging Services Division of the Department of Health and HumanServices, must be forwarded to the Aging Services Division within 90 days afterthe completion of the report.
8. If theinvestigation of a report results in the belief that an older person is abused,neglected, exploited or isolated, the Aging Services Division of the Departmentof Health and Human Services or the countys office for protective services mayprovide protective services to the older person if he is able and willing toaccept them.
9. A person who knowingly and willfully violates anyof the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1981, 1334; A 1983, 1653; 1985,1491; 1987, 2130, 2218; 1989, 904; 1991, 135; 1993, 2226; 1995, 2250; 1997,108, 1349, 2608, 2610, 2637, 2639;
NRS
1. Any person who is described in subsection 3 andwho, in his professional or occupational capacity, knows or has reasonablecause to believe that a vulnerable person has been abused, neglected, exploitedor isolated shall:
(a) Report the abuse, neglect, exploitation orisolation of the vulnerable person to a law enforcement agency; and
(b) Make such a report as soon as reasonablypracticable but not later than 24 hours after the person knows or hasreasonable cause to believe that the vulnerable person has been abused,neglected, exploited or isolated.
2. If a person who is required to make a reportpursuant to subsection 1 knows or has reasonable cause to believe that theabuse, neglect, exploitation or isolation of the vulnerable person involves anact or omission of a law enforcement agency, the person shall make the reportto a law enforcement agency other than the one alleged to have committed theact or omission.
3. A report must be made pursuant to subsection 1 bythe following persons:
(a) Every physician, dentist, dental hygienist,chiropractor, optometrist, podiatric physician, medical examiner, resident,intern, professional or practical nurse, physician assistant, psychiatrist,psychologist, marriage and family therapist, alcohol or drug abuse counselor,athletic trainer, driver of an ambulance, advanced emergency medical technicianor other person providing medical services licensed or certified to practice inthis State, who examines, attends or treats a vulnerable person who appears tohave been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institutionengaged in the admission, examination, care or treatment of persons or anadministrator, manager or other person in charge of a hospital or similarinstitution upon notification of the suspected abuse, neglect, exploitation orisolation of a vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agencyto provide nursing in the home.
(e) Any employee of the Department of Health and HumanServices.
(f) Any employee of a law enforcement agency or anadult or juvenile probation officer.
(g) Any person who maintains or is employed by afacility or establishment that provides care for vulnerable persons.
(h) Any person who maintains, is employed by or servesas a volunteer for an agency or service which advises persons regarding theabuse, neglect, exploitation or isolation of a vulnerable person and refersthem to persons and agencies where their requests and needs can be met.
(i) Every social worker.
(j) Any person who owns or is employed by a funeralhome or mortuary.
4. A report may be made by any other person.
5. If a person who is required to make a reportpursuant to subsection 1 knows or has reasonable cause to believe that avulnerable person has died as a result of abuse, neglect or isolation, theperson shall, as soon as reasonably practicable, report this belief to theappropriate medical examiner or coroner, who shall investigate the cause ofdeath of the vulnerable person and submit to the appropriate local law enforcementagencies and the appropriate prosecuting attorney his written findings. Thewritten findings must include the information required pursuant to theprovisions of NRS 200.5094, whenpossible.
6. A law enforcement agency which receives a reportpursuant to this section shall immediately initiate an investigation of thereport.
7. A person who knowingly and willfully violates anyof the provisions of this section is guilty of a misdemeanor.
(Added to NRS by
NRS
1. A person may make a report pursuant to
2. The report must contain the following information,when possible:
(a) The name and address of the older person orvulnerable person;
(b) The name and address of the person responsible forhis care, if there is one;
(c) The name and address, if available, of the personwho is alleged to have abused, neglected, exploited or isolated the olderperson or vulnerable person;
(d) The nature and extent of the abuse, neglect,exploitation or isolation of the older person or vulnerable person;
(e) Any evidence of previous injuries; and
(f) The basis of the reporters belief that the olderperson or vulnerable person has been abused, neglected, exploited or isolated.
(Added to NRS by 1981, 1335; A 1983, 1654; 1997,1351; 1999, 3520;2005, 1110)
NRS
1. Reports made pursuant to
2. A person, law enforcement agency or public orprivate agency, institution or facility who willfully releases data orinformation concerning the reports and investigation of the abuse, neglect,exploitation or isolation of older persons or vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS200.50982; or
(c) To persons or agencies enumerated in subsection 3,
is guilty ofa misdemeanor.
3. Except as otherwise provided in subsection 2 and
(a) A physician who is providing care to an olderperson or a vulnerable person who may have been abused, neglected, exploited orisolated;
(b) An agency responsible for or authorized toundertake the care, treatment and supervision of the older person or vulnerableperson;
(c) A district attorney or other law enforcementofficial who requires the information in connection with an investigation ofthe abuse, neglect, exploitation or isolation of the older person or vulnerableperson;
(d) A court which has determined, in camera, thatpublic disclosure of such information is necessary for the determination of anissue before it;
(e) A person engaged in bona fide research, but theidentity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access tosuch records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency inanother jurisdiction;
(h) A legal guardian of the older person or vulnerableperson, if the identity of the person who was responsible for reporting thealleged abuse, neglect, exploitation or isolation of the older person orvulnerable person to the public agency is protected, and the legal guardian ofthe older person or vulnerable person is not the person suspected of suchabuse, neglect, exploitation or isolation;
(i) If the older person or vulnerable person is deceased,the executor or administrator of his estate, if the identity of the person whowas responsible for reporting the alleged abuse, neglect, exploitation orisolation of the older person or vulnerable person to the public agency isprotected, and the executor or administrator is not the person suspected ofsuch abuse, neglect, exploitation or isolation; or
(j) The older person or vulnerable person named in thereport as allegedly being abused, neglected, exploited or isolated, if thatperson is not legally incompetent.
4. If the person who is reported to have abused,neglected, exploited or isolated an older person or a vulnerable person is theholder of a license or certificate issued pursuant to
(Added to NRS by 1981, 1335; A 1983, 1654; 1995,2252; 1997, 1351; 2003,906; 2005, 1111)
NRS
(Added to NRS by 1997, 1348; A
NRS
1. Participates in the making of a report;
2. Causes or conducts an investigation of allegedabuse, neglect, exploitation or isolation of an older person or a vulnerableperson; or
3. Submits information contained in a report to alicensing board pursuant to subsection 4 of NRS200.5095.
(Added to NRS by 1981, 1336; A 1995, 2253; 1997,1352; 2005, 1112)
NRS
(Added to NRS by 1981, 1336; A
NRS
1. The Aging Services Division of theDepartment of Health and Human Services shall:
(a) Identify and record demographic information on the olderperson who is alleged to have been abused, neglected, exploited or isolated andthe person who is alleged to be responsible for such abuse, neglect,exploitation or isolation.
(b) Obtain information from programs for preventingabuse of older persons, analyze and compare the programs, and makerecommendations to assist the organizers of the programs in achieving the mostefficient and effective service possible.
(c) Publicize the provisions of
2. The Administrator of the Aging Services Division ofthe Department may organize one or more teams to assist in strategic assessmentand planning of protective services, issues regarding the delivery of service,programs or individual plans for preventing, identifying, remedying or treatingabuse, neglect, exploitation or isolation of older persons. Members of the teamserve at the invitation of the administrator and must be experienced inpreventing, identifying, remedying or treating abuse, neglect, exploitation orisolation of older persons. The team may include representatives of otherorganizations concerned with education, law enforcement or physical or mentalhealth.
3. The team may receive otherwise confidentialinformation and records pertaining to older persons to assist in assessing andplanning. The confidentiality of any information or records received must bemaintained under the terms or conditions required by law. The content of anydiscussion regarding information or records received by the team pursuant tothis subsection is not subject to discovery and a member of the team shall nottestify regarding any discussion which occurred during the meeting. Anyinformation disclosed in violation of this subsection is inadmissible in alljudicial proceedings.
(Added to NRS by 1981, 1335; A 1983, 1655; 1991, 134;1997, 1352)
NRS
1. The agency making the disclosure determines thatthe disclosure is in the best interest of the older person or vulnerableperson; and
2. Proper safeguards are taken to ensure theconfidentiality of the information.
(Added to NRS by 1995, 2249; A 1997, 1353;
NRS
1. Notwithstanding any other statute to thecontrary, the local office of the Aging Services Division of the Department ofHealth and Human Services and a countys office for protective services, if oneexists in the county where a violation is alleged to have occurred, may for thepurpose of investigating an alleged violation of
2. Except as otherwise provided in this subsection, ifa guardian has not been appointed for the older person, the Aging ServicesDivision or the countys office for protective services shall obtain theconsent of the older person before inspecting those records. If the AgingServices Division or the countys office for protective services determinesthat the older person is unable to consent to the inspection, the inspectionmay be conducted without his consent. Except as otherwise provided in thissubsection, if a guardian has been appointed for the older person, the Aging ServicesDivision or the countys office for protective services shall obtain theconsent of the guardian before inspecting those records. If the Aging ServicesDivision or the countys office for protective services has reasonable cause tobelieve that the guardian is abusing, neglecting, exploiting or isolating theolder person, the inspection may be conducted without the consent of theguardian, except that if the records to be inspected are in the personalpossession of the guardian, the inspection must be approved by a court ofcompetent jurisdiction.
(Added to NRS by 1995, 2249; A 1997, 1353, 2611,2641; 1999, 139,
NRS
(Added to NRS by 1995, 2250; A 1997, 1354, 2612,2641; 1999, 139,
1. Except as otherwise provided in subsection 6, anyperson who abuses an older person or a vulnerable person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense or if the person hasbeen previously convicted of violating a law of any other jurisdiction thatprohibits the same or similar conduct, of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 2 years and a maximum term of not more than 6 years, unless a more severepenalty is prescribed by law for the act or omission which brings about theabuse.
2. Except as otherwise provided in subsection 7, anyperson who has assumed responsibility, legally, voluntarily or pursuant to acontract, to care for an older person or a vulnerable person and who:
(a) Neglects the older person or vulnerable person,causing the older person or vulnerable person to suffer physical pain or mentalsuffering;
(b) Permits or allows the older person or vulnerableperson to suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person or vulnerableperson to be placed in a situation where the older person or vulnerable personmay suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty ofa gross misdemeanor unless a more severe penalty is prescribed by law for theact or omission which brings about the abuse or neglect.
3. Except as otherwise provided in subsection 4, anyperson who exploits an older person or a vulnerable person shall be punished,if the value of any money, assets and property obtained or used:
(a) Is less than $250, for a misdemeanor by imprisonmentin the county jail for not more than 1 year, or by a fine of not more than$2,000, or by both fine and imprisonment;
(b) Is at least $250, but less than $5,000, 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 10 years, or by a fine ofnot more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 20 years, or by a fine of not more than$25,000, or by both fine and imprisonment,
unless amore severe penalty is prescribed by law for the act which brought about theexploitation. The monetary value of all of the money, assets and property ofthe older person or vulnerable person which have been obtained or used, orboth, may be combined for the purpose of imposing punishment for an offensecharged pursuant to this subsection.
4. If a person exploits an older person or avulnerable person and the monetary value of any money, assets and propertyobtained cannot be determined, the person shall be punished for a grossmisdemeanor by imprisonment in the county jail for not more than 1 year, or bya fine of not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person or avulnerable person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense, of a category B felonyand shall be punished by imprisonment in the state prison for a minimum term ofnot less than 2 years and a maximum term of not more than 10 years, and may befurther punished by a fine of not more than $5,000.
6. A person who violates any provision of subsection1, if substantial bodily or mental harm or death results to the older person orvulnerable person, 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 20 years, unless a more severe penalty isprescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection2, if substantial bodily or mental harm or death results to the older person orvulnerable person, shall be punished for a category B felony by imprisonment inthe state prison for a minimum term of not less than 2 years and a maximum termof not more than 6 years, unless a more severe penalty is prescribed by law forthe act or omission which brings about the abuse or neglect.
8. In addition to any other penalty imposed against aperson for a violation of any provision of NRS200.5091 to 200.50995, inclusive,the court shall order the person to pay restitution.
9. As used in this section:
(a) Allow means to take no action to prevent or stopthe abuse or neglect of an older person or a vulnerable person if the personknows or has reason to know that the older person or vulnerable person is beingabused or neglected.
(b) Permit means permission that a reasonable personwould not grant and which amounts to a neglect of responsibility attending thecare and custody of an older person or a vulnerable person.
(c) Substantial mental harm means an injury to theintellectual or psychological capacity or the emotional condition of an olderperson or a vulnerable person as evidenced by an observable and substantialimpairment of the ability of the older person or vulnerable person to functionwithin his normal range of performance or behavior.
(Added to NRS by 1981, 1336; A 1983, 1652, 1655;1985, 249; 1995, 1194, 2253; 1997, 110, 1354;
NRS
1. For the first offense, for a gross misdemeanor.
2. For the second and all subsequent offenses, for acategory C felony as provided in NRS 193.130.
Each personfound guilty of such a conspiracy is jointly and severally liable for therestitution ordered by the court pursuant to NRS200.5099 with each other person found guilty of the conspiracy.
(Added to NRS by 1997, 1347; A
LIBEL
NRS
1. A libel is a malicious defamation, expressed byprinting, writing, signs, pictures or the like, tending to blacken the memoryof the dead, or to impeach the honesty, integrity, virtue, or reputation, or topublish the natural defects of a living person or persons, or community ofpersons, or association of persons, and thereby to expose them to publichatred, contempt or ridicule.
2. Every person, whether the writer or publisher,convicted of the offense is guilty of a gross misdemeanor.
3. In all prosecutions for libel the truth may begiven in evidence to the jury, and, if it shall appear to the jury that thematter charged as libelous is true and was published for good motive and forjustifiable ends, the party shall be acquitted, and the jury shall have theright to determine the law and the fact.
[1911 C&P 163; A 1915, 423; 1919 RL 6428; NCL 10110](NRS A 1967, 473)
NRS
[1911 C&P 164; RL 6429; NCL 10111]
NRS
[1911 C&P 165; RL 6430; NCL 10112]
NRS
[1911 C&P 166; RL 6431; NCL 10113]
NRS
[1911 C&P 167; RL 6432; NCL 10114]
NRS
[1911 C&P 168; RL 6433; NCL 10115]
HARASSMENT AND STALKING
NRS
1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowinglythreatens:
(1) To cause bodily injury in the future to theperson threatened or to any other person;
(2) To cause physical damage to the property ofanother person;
(3) To subject the person threatened or anyother person to physical confinement or restraint; or
(4) To do any act which is intended tosubstantially harm the person threatened or any other person with respect tohis physical or mental health or safety; and
(b) The person by words or conduct places the personreceiving the threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 or 3 ofNRS 200.575 are applicable, a person whois guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guiltyof a gross misdemeanor.
3. The penalties provided in this section do notpreclude the victim from seeking any other legal remedy available.
(Added to NRS by 1989, 897; A 1993, 510;
NRS
1. A person who, without lawful authority, willfullyor maliciously engages in a course of conduct that would cause a reasonableperson to feel terrorized, frightened, intimidated or harassed, and thatactually causes the victim to feel terrorized, frightened, intimidated orharassed, commits the crime of stalking. Except where the provisions ofsubsection 2 or 3 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a grossmisdemeanor.
2. A person who commits the crime of stalking and inconjunction therewith threatens the person with the intent to cause him to beplaced in reasonable fear of death or substantial bodily harm commits the crimeof aggravated stalking. A person who commits the crime of aggravated stalkingshall be punished for a category B felony by imprisonment in the state prisonfor a minimum term of not less than 2 years and a maximum term of not more than15 years, and may be further punished by a fine of not more than $5,000.
3. A person who commits the crime of stalking with theuse of an Internet or network site or electronic mail or any other similarmeans of communication to publish, display or distribute information in amanner that substantially increases the risk of harm or violence to the victimshall be punished for a category C felony as provided in
4. Except as otherwise provided in subsection 2 of
5. The penalties provided in this section do notpreclude the victim from seeking any other legal remedy available.
6. As used in this section:
(a) Course of conduct means a pattern of conductwhich consists of a series of acts over time that evidences a continuity ofpurpose directed at a specific person.
(b) Internetor network site has the meaning ascribed to it in
(c) Networkhas the meaning ascribed to it in NRS205.4745.
(d) Providerof Internet service has the meaning ascribed to it in
(e) Without lawful authority includes acts which areinitiated or continued without the victims consent. The term does not includeacts which are otherwise protected or authorized by constitutional or statutorylaw, regulation or order of a court of competent jurisdiction, including, butnot limited to:
(1) Picketing which occurs during a strike, workstoppage or any other labor dispute.
(2) The activities of a reporter, photographer,cameraman or other person while gathering information for communication to thepublic if that person is employed or engaged by or has contracted with anewspaper, periodical, press association or radio or television station and isacting solely within that professional capacity.
(3) The activities of a person that are carriedout in the normal course of his lawful employment.
(4) Any activities carried out in the exerciseof the constitutionally protected rights of freedom of speech and assembly.
(Added to NRS by 1993, 509; A 1995, 59, 1195, 1324;
NRS
(Added to NRS by 1989, 897; A 1993, 510; 1995, 60;
NRS
1. In addition to any other remedy provided by law, aperson who reasonably believes that the crime of stalking, aggravated stalkingor harassment is being committed against him by another person may petition anycourt of competent jurisdiction for a temporary or extended order directing theperson who is allegedly committing the crime to:
(a) Stay away from the home, school, business or placeof employment of the victim of the alleged crime and any other locationspecifically named by the court.
(b) Refrain from contacting, intimidating, threateningor otherwise interfering with the victim of the alleged crime and any otherperson named in the order, including, without limitation, a member of thefamily or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the courtdeems necessary to protect the victim of the alleged crime or to protect anyother person named in the order, including, without limitation, a member of thefamily or the household of the victim of the alleged crime.
2. If a defendant charged with a crime involvingharassment, stalking or aggravated stalking is released from custody beforetrial or is found guilty at the trial, the court may issue a temporary orextended order or provide as a condition of the release or sentence that thedefendant:
(a) Stay away from the home, school, business or placeof employment of the victim of the alleged crime and any other locationspecifically named by the court.
(b) Refrain from contacting, intimidating, threateningor otherwise interfering with the victim of the alleged crime and any otherperson named in the order, including, without limitation, a member of thefamily or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the courtdeems necessary to protect the victim of the alleged crime or to protect anyother person named in the order, including, without limitation, a member of thefamily or the household of the victim of the alleged crime.
3. A temporary order may be granted with or withoutnotice to the adverse party. An extended order may be granted only after:
(a) Notice of the petition for the order and of thehearing thereon is served upon the adverse party pursuant to the Nevada Rulesof Civil Procedure; and
(b) A hearing is held on the petition.
4. If an extended order is issued by a Justice Court,an interlocutory appeal lies to the district court, which may affirm, modify orvacate the order in question. The appeal may be taken without bond, but itstaking does not stay the effect or enforcement of the order.
5. Unless a more severe penalty is prescribed by lawfor the act that constitutes the violation of the order, any person whointentionally violates:
(a) A temporary order is guilty of a gross misdemeanor.
(b) An extended order is guilty of a category C felonyand shall be punished as provided in NRS193.130.
6. Any court order issued pursuant to this sectionmust:
(a) Be in writing;
(b) Be personally served on the person to whom it isdirected; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest.
(2) Is a gross misdemeanor if the order is atemporary order.
(3) Is a category C felony if the order is anextended order.
(Added to NRS by 1989, 897; A 1993, 510; 1995, 61,1324; 2005, 953)
NRS
1. The payment of all costs and official fees must bedeferred for any person who petitions a court for a temporary or extended orderpursuant to NRS 200.591. After anyhearing and not later than final disposition of such an application or order,the court shall assess the costs and fees against the adverse party, exceptthat the court may reduce them or waive them, as justice may require.
2. The clerk of the court shall provide a person whopetitions the court for a temporary or extended order pursuant to
(a) Availability of temporary and extended orderspursuant to NRS 200.591;
(b) Procedure for filing an application for such anorder; and
(c) Right to proceed without legal counsel.
3. A person who obtains an order pursuant to
(Added to NRS by
NRS
1. A temporary order issued pursuant to
2. On 2 days notice to the party who obtained thetemporary order, the adverse party may appear and move its dissolution ormodification, and in that event the court shall proceed to hear and determinesuch motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not toexceed 1 year, as the court fixes. A temporary order may be converted by thecourt, upon notice to the adverse party and a hearing, into an extended ordereffective for no more than 1 year.
(Added to NRS by 1995, 59)
NRS
1. Each court that issues an order pursuant to
2. A peace officer, without a warrant, may arrest andtake into custody a person when the peace officer has probable cause to believethat:
(a) An order has been issued pursuant to
(b) The person to be arrested has been served with acopy of the order; and
(c) The person to be arrested is acting in violation ofthe order.
3. Any law enforcement agency in this State mayenforce a court order issued pursuant to NRS200.591.
(Added to NRS by 1995, 59; A
NRS
1. The prosecuting attorney in any trial broughtagainst a person on a charge of harassment, stalking or aggravated stalkingshall inform the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and the courtissues an order or provides a condition of his sentence restricting the abilityof the defendant to have contact with the victim or witnesses, the clerk of thecourt shall:
(a) Keep a record of the order or condition of thesentence; and
(b) Provide a certified copy of the order or conditionof the sentence to the victim and other persons named in the order.
(Added to NRS by 1989, 898; A 1993, 511)
PEEPING
NRS
1. A person shall not knowingly enter upon theproperty or premises of another or upon the property or premises owned by himand leased or rented to another with the intent to surreptitiously concealhimself on the property or premises and peer, peep or spy through a window,door or other opening of a building or structure that is used as a dwelling onthe property or premises.
2. A person who violates subsection 1 is guilty of:
(a) If the person is in possession of a deadly weaponat the time of the violation, a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 1 year and a maximumterm of not more than 6 years, and may be further punished by a fine of notmore than $5,000.
(b) If the person is not in possession of a deadlyweapon at the time of the violation, but is in possession of a photographic ordigital camera, video camera or other device capable of recording images orsound at the time of the violation, a gross misdemeanor.
(c) If the person is not in possession of a deadlyweapon or a photographic or digital camera, video camera or other devicecapable of recording images or sound at the time of the violation, amisdemeanor.
3. This section does not apply to:
(a) A law enforcement officer conducting a criminalinvestigation or surveillance;
(b) A building inspector, building official or othersimilar authority employed by a governmental body while performing his duties;or
(c) An employee of a public utility while performinghis duties.
(Added to NRS by
HAZING
NRS
1. A person who engages in hazing is guilty of:
(a) A misdemeanor, if no substantial bodily harmresults.
(b) A gross misdemeanor, if substantial bodily harmresults.
2. Consent of a victim of hazing is not a validdefense to a prosecution conducted pursuant to this section.
3. For the purposes of this section, an activity shallbe deemed to be forced if initiation into or affiliation with a studentorganization, academic association or athletic team is directly or indirectlyconditioned upon participation in the activity.
4. As used in this section, hazing means an activityin which a person intentionally or recklessly endangers the physical health ofanother person for the purpose of initiation into or affiliation with a studentorganization, academic association or athletic team at a high school, collegeor university in this state. The term:
(a) Includes, without limitation, any physicalbrutality or brutal treatment, including, without limitation, whipping,beating, branding, forced calisthenics, exposure to the elements or forcedconsumption of food, liquor, drugs or other substances.
(b) Does not include any athletic, curricular, extracurricularor quasi-military practice, conditioning or competition that is sponsored orapproved by the high school, college or university.
(Added to NRS by
INTERCEPTION AND DISCLOSURE OF WIRE AND RADIO COMMUNICATIONSOR PRIVATE CONVERSATIONS
NRS
1. Person includes public officials and lawenforcement officers of the State and of a county or municipality or otherpolitical subdivision of the State.
2. Wire communication means the transmission ofwriting, signs, signals, pictures and sounds of all kinds by wire, cable, orother similar connection between the points of origin and reception of suchtransmission, including all facilities and services incidental to suchtransmission, which facilities and services include, among other things, thereceipt, forwarding and delivering of communications.
3. Radio communication means the transmission ofwriting, signs, signals, pictures, and sounds of all kinds by radio or otherwireless methods, including all facilities and services incidental to suchtransmission, which facilities and services include, among other things, thereceipt, forwarding and delivering of communications. The term does not includethe transmission of writing, signs, signals, pictures and sounds broadcast byamateurs or public or municipal agencies of the State of Nevada, or by othersfor the use of the general public.
(Added to NRS by 1957, 334; A 1985, 512)
NRS
1. Except as otherwise provided in
(a) The interception or attempted interception is madewith the prior consent of one of the parties to the communication; and
(b) An emergency situation exists and it is impracticalto obtain a court order as required by NRS179.410 to 179.515, inclusive,before the interception, in which event the interception is subject to therequirements of subsection 3. If the application for ratification is denied,any use or disclosure of the information so intercepted is unlawful, and theperson who made the interception shall notify the sender and the receiver ofthe communication that:
(1) The communication was intercepted; and
(2) Upon application to the court, ratificationof the interception was denied.
2. This section does not apply to any person, or tothe officers, employees or agents of any person, engaged in the business ofproviding service and facilities for wire communication where the interceptionor attempted interception is to construct, maintain, conduct or operate theservice or facilities of that person.
3. Any person who has made an interception in anemergency situation as provided in paragraph (b) of subsection 1 shall, within72 hours of the interception, make a written application to a justice of theSupreme Court or district judge for ratification of the interception. Theinterception must not be ratified unless the applicant shows that:
(a) An emergency situation existed and it wasimpractical to obtain a court order before the interception; and
(b) Except for the absence of a court order, theinterception met the requirements of NRS179.410 to 179.515, inclusive.
4. NRS 200.610to 200.690, inclusive, do not prohibitthe recording, and NRS 179.410 to
(Added to NRS by 1957, 334; A 1973, 1748; 1975, 747;1983, 120, 681; 1989, 659)
NRS
1. Except as otherwise provided in
2. This section does not apply to any person, or theofficers, employees or agents of any person, engaged in furnishing service orfacilities for wire or radio communication where the disclosure is made:
(a) For the purpose of construction, maintenance,conduct or operation of the service or facilities of such a person;
(b) To the intended receiver, his agent or attorney;
(c) In response to a subpoena issued by a court ofcompetent jurisdiction; or
(d) On written demand of other lawful authority.
(Added to NRS by 1957, 334; A 1973, 1749; 1989, 660)
NRS
(Added to NRS by 1957, 335; A 1973, 1749; 1981, 1561)
NRS
(Added to NRS by 1957, 335; A 1973, 1749; 1989, 660)
1. A person who willfully and knowingly violates
(a) Shall be punished for a category D felony asprovided in NRS 193.130.
(b) Is liable to a person whose wire or oralcommunication is intercepted without his consent for:
(1) Actual damages or liquidated damages of $100per day of violation but not less than $1,000, whichever is greater;
(2) Punitive damages; and
(3) His costs reasonably incurred in the action,including a reasonable attorneys fee,
all of whichmay be recovered by civil action.
2. A good faith reliance by a public utility on awritten request for interception by one party to a conversation is a completedefense to any civil or criminal action brought against the public utility onaccount of the interception.
(Added to NRS by 1957, 336; A 1967, 474; 1973, 1749;1995, 1195)
PORNOGRAPHY INVOLVING MINORS
NRS
1. Performance means any play, film, photograph,computer-generated image, electronic representation, dance or other visualpresentation.
2. Promote means to produce, direct, procure,manufacture, sell, give, lend, publish, distribute, exhibit, advertise orpossess for the purpose of distribution.
3. Sexual conduct means sexual intercourse, lewdexhibition of the genitals, fellatio, cunnilingus, bestiality, analintercourse, excretion, sado-masochistic abuse, masturbation, or thepenetration of any part of a persons body or of any object manipulated orinserted by a person into the genital or anal opening of the body of another.
4. Sexual portrayal means the depiction of a personin a manner which appeals to the prurient interest in sex and which does nothave serious literary, artistic, political or scientific value.
(Added to NRS by 1983, 814; A 1995, 950)
NRS
1. A person who knowingly uses, encourages, entices orpermits a minor to simulate or engage in or assist others to simulate or engagein sexual conduct to produce a performance is guilty of a category A felony andshall be punished as provided in NRS 200.750.
2. A person who knowingly uses, encourages, entices,coerces or permits a minor to be the subject of a sexual portrayal in aperformance is guilty of a category A felony and shall be punished as providedin NRS 200.750, regardless of whetherthe minor is aware that the sexual portrayal is part of a performance.
(Added to NRS by 1979, 437; A 1983, 815; 1995, 951,1196, 1337)
NRS
1. Where the minor engages in or simulates, or assistsothers to engage in or simulate, sexual conduct; or
2. Where the minor is the subject of a sexualportrayal,
is guilty ofa category A felony and shall be punished as provided in
(Added to NRS by 1983, 814; A 1995, 951, 1196, 1337)
NRS
(Added to NRS by 1995, 950; A 1995, 1337)
NRS
1. For the first offense, is guilty of a category Bfelony and shall be punished by imprisonment in the state prison for a minimumterm of not less than 1 year and a maximum term of not more than 6 years, andmay be further punished by a fine of not more than $5,000.
2. For any subsequent offense, is guilty of a categoryA felony and shall be punished by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of life with thepossibility of parole, and may be further punished by a fine of not more than$5,000.
(Added to NRS by 1983, 814; A 1985, 1412; 1987, 846;1995, 951, 1196, 1337; 2005,2876)
NRS
(Added to NRS by 1995, 950)
NRS
1. Inspect the person in question;
2. View the performance;
3. Consider the opinion of a witness to theperformance regarding the persons age;
4. Consider the opinion of a medical expert who viewedthe performance; or
5. Use any other method authorized by the rules ofevidence at common law.
(Added to NRS by 1983, 814; A 1995, 951)
NRS
1. If the minor is 14 years of age or older, for lifewith the possibility of parole, with eligibility for parole beginning when aminimum of 5 years has been served, and shall be further punished by a fine ofnot more than $100,000.
2. If the minor is less than 14 years of age, for lifewith the possibility of parole, with eligibility for parole beginning when aminimum of 10 years has been served, and shall be further punished by a fine ofnot more than $100,000.
(Added to NRS by 1983, 815; A 1995, 1196; 1997, 1721;2005, 2876)
NRS
(Added to NRS by 1983, 815; A 1985, 639, 1468; 1987,1384; 1995, 951)
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
