2005 Nevada Revised Statutes - Chapter 207 — Miscellaneous Crimes

CHAPTER 207 - MISCELLANEOUS CRIMES

HABITUAL CRIMINALS, HABITUAL FELONS AND HABITUALLY FRAUDULENTFELONS

NRS 207.010 Habitualcriminals: Definition; punishment.

NRS 207.012 Habitualfelons: Definition; punishment.

NRS 207.014 Habituallyfraudulent felons: Definition; punishment.

NRS 207.016 Procedure;trial of primary offense; prior convictions.

VAGRANTS

NRS 207.030 Prohibitedacts; penalty.

NRS 207.040 Employmenton public works.

NRS 207.050 Creditfor work performed.

NRS 207.070 Sheriffto procure employment.

INTERFERENCE WITH EMERGENCY COMMUNICATIONS

NRS 207.161 Definitions.

NRS 207.163 Refusalto relinquish public telephone for emergency call unlawful; false declarationof emergency to obtain use of public telephone unlawful.

NRS 207.165 Telephonedirectory must contain warning notice of offense provided in NRS 207.163.

NRS 207.167 Interferencewith emergency transmission on Citizens Radio Service unlawful; presumptions.

DECEPTIVE ADVERTISING

NRS 207.170 False,deceptive or misleading advertising defined.

NRS 207.171 False,deceptive or misleading advertising and other sales practices.

NRS 207.172 Exemptionof advertising media.

NRS 207.173 Actualdeception unnecessary to create liability.

NRS 207.174 Civilpenalties; action by Attorney General or district attorney.

NRS 207.175 Criminalpenalties.

NRS 207.176 Injunctions.

NRS 207.177 Penaltyfor violation of injunction or order.

MISCELLANEOUS

NRS 207.180 Threateningor obscene letters or writings.

NRS 207.185 Penaltyfor commission of certain unlawful acts by reason of actual or perceived race,color, religion, national origin, physical or mental disability or sexualorientation of another person or group of persons.

NRS 207.190 Coercion.

NRS 207.193 Coercion:Hearing to determine whether sexually motivated.

NRS 207.195 Useof monetary instrument proceeding or derived from unlawful activity; conductingfinancial transaction with intent to evade regulation governing records ofcasinos.

NRS 207.200 Unlawfultrespass upon land; warning against trespassing.

NRS 207.205 Postingland without permission of owner or occupant.

NRS 207.210 Destructionof signs or notices forbidding trespass.

NRS 207.220 Penaltyfor not closing gates.

NRS 207.225 Unlawfuldiversion of irrigation water.

NRS 207.230 Actingwithout lawful authority.

NRS 207.235 Dogracing as gaming activity.

NRS 207.245 Useof system providing telephone number to be used in emergency when no actual orperceived emergency exists.

NRS 207.260 Unlawfulcontact with child or mentally ill person.

NRS 207.270 Loiteringabout school or public place where children congregate.

NRS 207.280 Falsereporting of crimes unlawful.

NRS 207.290 Givingor accepting bribe to influence outcome of sporting event.

NRS 207.295 Commercialbribery.

NRS 207.297 Discrimination:Definitions.

NRS 207.300 Discrimination:Transactions involving real property.

NRS 207.310 Discrimination:Loans for dwellings.

NRS 207.320 Preparationor sale of academic writings.

NRS 207.325 Unsolicitedtransmission of advertisement to facsimile machine.

NRS 207.330 Saleof identifying card or document.

NRS 207.340 Actsconcerning federal food stamps; prosecution by district attorney or AttorneyGeneral.

NRS 207.345 Impersonationof officer or employee of utility.

RACKETEERING

NRS 207.350 Definitions.

NRS 207.360 Crimerelated to racketeering defined.

NRS 207.370 Criminalsyndicate defined.

NRS 207.380 Enterprisedefined.

NRS 207.390 Racketeeringactivity defined.

NRS 207.400 Unlawfulacts; penalties.

NRS 207.410 Alternatefine for unlawful acts.

NRS 207.415 Accountfor Prosecution of Racketeering created; use and distribution of money byAttorney General; reimbursement of Account.

NRS 207.420 Criminalforfeiture: Property subject to forfeiture; substitution for unreachableproperty.

NRS 207.430 Criminalforfeiture: Temporary restraining order to preserve property.

NRS 207.440 Criminalforfeiture: Orders to secure property.

NRS 207.450 Criminalforfeiture: Order of forfeiture; protection of property.

NRS 207.460 Civilforfeiture: Property subject to forfeiture.

NRS 207.470 Civilactions for damages resulting from racketeering.

NRS 207.480 Orderof court upon determination of civil liability.

NRS 207.490 Criminaland civil forfeiture: Seizure of property before forfeiture and finaldisposition; order of forfeiture; intercession by Attorney General;interlocutory actions by court.

NRS 207.500 Use,sale and other disposal of forfeited property by State, county or city; paymentof certain encumbrances.

NRS 207.510 Partiesto proceedings for forfeiture of property.

NRS 207.520 Limitationof actions.

_________

HABITUAL CRIMINALS, HABITUAL FELONS AND HABITUALLYFRAUDULENT FELONS

NRS 207.010 Habitualcriminals: Definition; punishment.

1. Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this Stateof:

(a) Any crime of which fraud or intent to defraud is anelement, or of petit larceny, or of any felony, who has previously been twotimes convicted, whether in this State or elsewhere, of any crime which underthe laws of the situs of the crime or of this State would amount to a felony,or who has previously been three times convicted, whether in this State orelsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor ofwhich fraud or intent to defraud is an element, is a habitual criminal andshall be punished for a category B felony by imprisonment in the state prisonfor a minimum term of not less than 5 years and a maximum term of not more than20 years.

(b) Any felony, who has previously been three timesconvicted, whether in this State or elsewhere, of any crime which under thelaws of the situs of the crime or of this State would amount to a felony, orwho has previously been five times convicted, whether in this State orelsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor ofwhich fraud or the intent to defraud is an element, is a habitual criminal andshall be punished for a category A felony 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 10 years has beenserved; or

(3) For a definite term of 25 years, witheligibility for parole beginning when a minimum of 10 years has been served.

2. It is within the discretion of the prosecutingattorney whether to include a count under this section in any information orfile a notice of habitual criminality if an indictment is found. The trialjudge may, at his discretion, dismiss a count under this section which isincluded in any indictment or information.

[1911 C&P 27; RL 6292; NCL 9976](NRS A1961, 446; 1965, 250; 1967, 217, 516; 1971, 173; 1977, 360; 1981, 1647; 1985,1026, 1643; 1995, 856, 1238, 1358, 2392; 1997, 1184)

NRS 207.012 Habitualfelons: Definition; punishment.

1. A person who:

(a) Has been convicted in this State of a felony listedin subsection 2; and

(b) Before the commission of that felony, was twiceconvicted of any crime which under the laws of the situs of the crime or ofthis State would be a felony listed in subsection 2, whether the priorconvictions occurred in this State or elsewhere,

is ahabitual felon and shall be punished for a category A felony by imprisonment inthe 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 10 years has beenserved; or

(3) For a definite term of 25 years, witheligibility for parole beginning when a minimum of 10 years has been served.

2. The district attorney shall include a count underthis section in any information or shall file a notice of habitual felon if anindictment is found, if each prior conviction and the alleged offense committedby the accused constitutes a violation of subparagraph (1) of paragraph (a) ofsubsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030,200.310, 200.340, 200.366,200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 200.464, 200.465,subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph(b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230,201.450, 202.170, 202.270,subsection 2 of NRS 202.780, paragraph(b) of subsection 2 of NRS 202.820,subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484.219,484.3795 or 484.37955.

3. The trial judge may not dismiss a count under thissection that is included in an indictment or information.

(Added to NRS by 1995, 1237; A 1997, 1185; 2001, 1140; 2003, 388; 2005, 88, 165, 1059)

NRS 207.014 Habituallyfraudulent felons: Definition; punishment.

1. A person who:

(a) Has been convicted in this State of any felonycommitted on or after July 1, 1995, of which fraud or intent to defraud is anelement; and

(b) Has previously been two times convicted, whether inthis State or elsewhere, of any felony of which fraud or intent to defraud isan element before the commission of the felony under paragraph (a) of thissubsection,

is ahabitually fraudulent felon and shall be punished for a category B felony byimprisonment in the state prison for a minimum term of not less than 5 yearsand a maximum term of not more than 20 years, if the victim of each offense wasan older person, a mentally disabled person or a vulnerable person.

2. The prosecuting attorney shall include a countunder this section in any information or shall file a notice of habituallyfraudulent felon if an indictment is found, if the prior convictions and thealleged offense committed by the accused are felonies of which fraud or intentto defraud is an element and the victim of each offense was:

(a) An older person;

(b) A mentally disabled person; or

(c) A vulnerable person.

3. The trial judge may not dismiss a count under thissection that is included in an indictment or information.

4. As used in this section:

(a) Mentally disabled person means a person who has amental impairment which is medically documented and substantially limits one ormore of the persons major life activities. The term includes, but is notlimited to, a person who:

(1) Is mentally retarded;

(2) Suffers from a severe mental or emotionalillness;

(3) Has a severe learning disability; or

(4) Is experiencing a serious emotional crisisin his life as a result of the fact that he or a member of his immediate familyhas a catastrophic illness.

(b) Older person means a person who is:

(1) Sixty-five years of age or older if thecrime was committed before October 1, 2003.

(2) Sixty years of age or older if the crime wascommitted on or after October 1, 2003.

(c) Vulnerable person has the meaning ascribed to itin subsection 7 of NRS 200.5092.

(Added to NRS by 1995, 855; A 1995, 1338; 1997, 1185;2003, 2568; 2005, 1114)

NRS 207.016 Procedure;trial of primary offense; prior convictions.

1. A conviction pursuant to NRS 207.010, 207.012 or 207.014 operates only to increase, not toreduce, the sentence otherwise provided by law for the principal crime.

2. If a count pursuant to NRS 207.010, 207.012 or 207.014 is included in an informationcharging the primary offense, each previous conviction must be alleged in theaccusatory pleading, but no such conviction may be alluded to on trial of theprimary offense, nor may any allegation of the conviction be read in thepresence of a jury trying the offense or a grand jury considering an indictmentfor the offense. A count pursuant to NRS207.010, 207.012 or 207.014 may be separately filed afterconviction of the primary offense, but if it is so filed, sentence must not beimposed, or the hearing required by subsection 3 held, until 15 days after theseparate filing.

3. If a defendant charged pursuant to NRS 207.010, 207.012 or 207.014 pleads guilty to or is found guiltyof the primary offense but denies any previous conviction charged, the courtshall determine the issue of the previous conviction after hearing all relevantevidence presented on the issue by the prosecution and the defendant. At such ahearing, the defendant may not challenge the validity of a previous conviction.The court shall impose sentence:

(a) Pursuant to NRS207.010 upon finding that the defendant has suffered previous convictionssufficient to support an adjudication of habitual criminality;

(b) Pursuant to NRS207.012 upon finding that the defendant has suffered previous convictionssufficient to support an adjudication of habitual felon; or

(c) Pursuant to NRS207.014 upon finding that the defendant has suffered previous convictionssufficient to support an adjudication of habitually fraudulent felon.

4. Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 limits the prosecution inintroducing evidence of prior convictions for purposes of impeachment.

5. For the purposes of NRS 207.010, 207.012 and 207.014, a certified copy of a felonyconviction is prima facie evidence of conviction of a prior felony.

6. Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 prohibits a court from imposing anadjudication of habitual criminality, adjudication of habitual felon oradjudication of habitually fraudulent felon based upon a stipulation of theparties.

(Added to NRS by 1995, 1238; A 1997, 519, 524, 1186; 2003, 1483)

VAGRANTS

NRS 207.030 Prohibitedacts; penalty.

1. It is unlawful to:

(a) Offer or agree to engage in or engage in lewd ordissolute conduct in any public place or in any place open to the public orexposed to public view;

(b) Offer or agree to engage in, engage in or aid andabet any act of prostitution;

(c) Be a pimp, panderer or procurer or live in or abouthouses of prostitution;

(d) Seek admission to a house upon frivolous pretextsfor no other apparent motive than to see who may be therein, or to gain an insightof the premises;

(e) Keep a place where lost or stolen property isconcealed;

(f) Loiter in or about any toilet open to the publicfor the purpose of engaging in or soliciting any lewd or lascivious or anyunlawful act;

(g) Lodge in any building, structure or place, whetherpublic or private, without the permission of the owner or person entitled tothe possession or in control thereof.

2. A person who violates a provision of subsection 1shall be punished:

(a) For the first violation of paragraph (a), (b) or(c) of subsection 1 and for each subsequent violation of the same paragraphoccurring more than 3 years after the first violation, for a misdemeanor.

(b) For the second violation of paragraph (a), (b) or(c) of subsection 1 within 3 years after the first violation of the sameparagraph, by imprisonment in the county jail for not less than 30 days normore than 6 months and by a fine of not less than $250 nor more than $1,000.

(c) For the third or subsequent violation of paragraph(a), (b) or (c) of subsection 1 within 3 years after the first violation of thesame paragraph, by imprisonment in the county jail for 6 months and by a fineof not less than $250 nor more than $1,000.

(d) For a violation of any provision of paragraphs (d)to (g), inclusive, of subsection 1, for a misdemeanor.

3. The terms of imprisonment prescribed by subsection2 must be imposed to run consecutively.

4. A local government may enact an ordinance whichregulates the time, place or manner in which a person or group of persons maybeg or solicit alms in a public place or place open to the public.

[1911 C&P 354; A 1915, 32; 1923, 224; NCL 10302](NRS A 1963, 696; 1967, 517; 1971, 2025; 1973, 1061; 1979, 353; 1985,749, 931; 1993, 808)

NRS 207.040 Employmenton public works. All persons having the physicalability to work, convicted of violating NRS207.030 and imprisoned therefor, may be required to perform labor on thepublic works, buildings, grounds or ways in the county, and the sheriff orother person having them in charge while performing such labor may employ anyusual, reasonable, humane and sufficient means to guard against and prevent anysuch prisoner escaping from custody while being so employed.

[1911 C&P 355; RL 6620; NCL 10303](NRS A1979, 206; 1995, 1082)

NRS 207.050 Creditfor work performed. For each days workwillingly and faithfully performed by a person convicted of violating NRS 207.030, the person must receive creditfor 2 days time, which must be applied upon and deducted from his term ofimprisonment by the sheriff.

[1911 C&P 356; RL 6621; NCL 10304](NRS A1995, 1082)

NRS 207.070 Sheriffto procure employment. The sheriff shall,during fair and reasonable weather, when the same can be done without extraexpense to the county, procure employment for and set at work such personsconvicted of violating NRS 207.030 whoare serving out their term of imprisonment; and to this end, upon applicationof any road supervisor, superintendent, foreman or other overseer or custodianof any public works, buildings or grounds, he may deliver into the custody andcharge of such person making the application such prisoners, to do labor as required,who after working hours of the day, or after suspension of labor from anycause, must be returned into the custody of the sheriff of the county forsafekeeping until again required for labor.

[1911 C&P 358; RL 6623; NCL 10306](NRS A1995, 1083)

INTERFERENCE WITH EMERGENCY COMMUNICATIONS

NRS 207.161 Definitions. As used in NRS 207.163:

1. Emergency call means a situation in whichproperty or human life is in jeopardy and the prompt summoning of aid isessential.

2. Public telephone means a telephone which is madeavailable to the public upon the deposit of a coin, currency or other monetaryinstrument or through the use of a calling card, credit card or debit card.

(Added to NRS by 1973, 718; A 2003, 326)

NRS 207.163 Refusalto relinquish public telephone for emergency call unlawful; false declarationof emergency to obtain use of public telephone unlawful.

1. It is unlawful for a person to refuse to relinquisha public telephone immediately when he has been informed that it is needed foran emergency call and in fact the line is needed for an emergency call andthere is no other reasonably apparent and immediately accessible telephone fromwhich to make the call.

2. It is unlawful for a person to secure the use of apublic telephone by falsely stating that it is needed for an emergency call.

(Added to NRS by 1973, 718; A 2003, 326)

NRS 207.165 Telephonedirectory must contain warning notice of offense provided in NRS 207.163.

1. It is unlawful for a person, firm or corporationproviding telephone service to distribute or cause to be distributed in thisState copies of any telephone directory if such directory fails to contain thenotice required by this section.

2. Every telephone directory published and distributedafter September 1, 1973, in this State which lists the telephone numbers of anytelephone exchange located in this State shall contain a notice of the offenseprovided in NRS 207.163, as follows:

(a) The notice shall be printed in type which is atleast as large as other type on the page; and

(b) The notice shall be preceded by the word warningprinted in type which is at least as large as other type on the page,

except thattelephone directories distributed solely for business purposes, commonly knownas classified directories, need not contain such notice.

(Added to NRS by 1973, 718)

NRS 207.167 Interferencewith emergency transmission on Citizens Radio Service unlawful; presumptions.

1. As used in this section emergency means asituation in which a natural person is or is reasonably believed by the persontransmitting the communication to be in imminent danger of serious bodilyinjury or in which property is or is reasonably believed by the persontransmitting the communication to be in imminent danger of damage or destruction.

2. Except as provided in subsection 3, any person whointentionally, knowingly, recklessly or with criminal negligence interrupts,impedes or otherwise interferes with the transmission of a communication over aradio channel assigned to the Citizens Radio Service, the purpose of which isto inform or inquire about an emergency, is guilty of a misdemeanor.

3. If any person suffers serious bodily injury or ifproperty damage in excess of $1,000 occurs as a result of a violation of theprovisions of subsection 2, the offender is guilty of a gross misdemeanor.

4. A person is presumed to have intentionally,knowingly or with criminal negligence interrupted, impeded or interfered with atransmission if he:

(a) Interrupted, impeded or interfered with the transmissionof a communication on a channel which was dedicated to use for emergencycommunications; or

(b) Operated equipment capable, by itself or with alinear amplifier, of producing power which exceeds limits set by a regulationof the Federal Communications Commission.

(Added to NRS by 1981, 650)

DECEPTIVE ADVERTISING

NRS 207.170 False,deceptive or misleading advertising defined. Asused in NRS 207.170 to 207.177, inclusive, false, deceptive ormisleading advertising as applied to a telephone communication includes, butis not limited to, any communication which is so made with the intent tosolicit any person to purchase any merchandise, property or services, withoutinitially disclosing such intent to the person.

[1:201:1917; A 1955, 191] + [2:201:1917; 1919 RL p.3390; NCL 10530](NRS A 1965, 122; 1967, 520; 1971, 129; 1973, 209)

NRS 207.171 False,deceptive or misleading advertising and other sales practices. It is unlawful for any person, firm, corporation orassociation or any agent or employee thereof to use, publish, disseminate,display or make or cause directly or indirectly to be used, published,disseminated, displayed or made, in any newspaper, magazine or otherpublication, by any radio, television or other advertising medium, or by anyadvertising device, or by public outcry, proclamation, or declaration, or byany other manner or means, including but not limited to solicitation ordissemination by mail, telephone or door-to-door contacts, any statement whichis known or through the exercise of reasonable care should be known to befalse, deceptive or misleading in order to induce any person to purchase, sell,lease, dispose of, utilize or acquire any title or interest in any real orpersonal property or any personal or professional services or to enter into anyobligation or transaction relating thereto, or to include such statement aspart of a plan or scheme which intentionally misstates cost or price for thepurposes of producing an erroneous belief by any person that the actual cost orprice is the same as stated therein.

(Added to NRS by 1973, 210)

NRS 207.172 Exemptionof advertising media. NRS 207.170 to 207.177, inclusive, do not apply to:

1. Any radio or television broadcasting station whichbroadcasts; or

2. Any publisher, printer, distributor or owner of anynewspaper or magazine, billboard or other advertising medium, or to any owner,operator, agent or employee of any advertising agency or other business engagedin preparing or disseminating advertising for public consumption on behalf ofany other person, firm, corporation, association or other business entity, whopublishes, prints, distributes, prepares or disseminates,

suchadvertising in good faith without knowledge of its untrue or deceptive ormisleading character.

(Added to NRS by 1973, 210)

NRS 207.173 Actualdeception unnecessary to create liability. Itis sufficient in bringing any action pursuant to NRS 207.170 to 207.177, inclusive, that any statementreferred to in NRS 207.171 has atendency to deceive or mislead the public because of its false or deceptive ormisleading character even though no member of the public is actually deceivedor misled by such statement.

(Added to NRS by 1973, 211)

NRS 207.174 Civilpenalties; action by Attorney General or district attorney. Any person, firm, corporation or association or any otherorganization which violates any provision of NRS207.170 to 207.177, inclusive, isliable for a civil penalty not to exceed $2,500 for each violation, which shallbe recovered in a civil action brought in the name of the State of Nevada bythe Attorney General or by any district attorney in a court of competentjurisdiction. As used in this section, the term, each violation includes, asa single violation, a continuous or repetitive violation arising out of thesame act.

(Added to NRS by 1973, 211)

NRS 207.175 Criminalpenalties. Any person, firm, or any officer ormanaging agent of any corporation or association who knowingly and willfullyviolates the provisions of NRS 207.171shall be punished:

1. For the first or second offense, for a misdemeanor.

2. For the third offense and all subsequent offenses,for a gross misdemeanor.

(Added to NRS by 1973, 211)

NRS 207.176 Injunctions. The Attorney General or any district attorney may bring anaction in any court of competent jurisdiction in the name of the State ofNevada on his own complaint or on the complaint of any board, officer, person,corporation or association to enjoin any violation or proposed violation of theprovisions of NRS 207.170 to 207.177, inclusive.

(Added to NRS by 1973, 211)

NRS 207.177 Penaltyfor violation of injunction or order. Anyperson, firm, or any officer or managing agent of any corporation orassociation who violates any order or injunction issued pursuant to NRS 207.170 to 207.177, inclusive, is guilty of a grossmisdemeanor.

(Added to NRS by 1973, 211)

MISCELLANEOUS

NRS 207.180 Threateningor obscene letters or writings.

1. Any person who knowingly sends or delivers anyletter or writing:

(a) Threatening to accuse another of a crime ormisdemeanor, or to expose or publish any of his infirmities or failings, withintent to extort money, goods, chattels or other valuable thing; or

(b) Threatening to maim, wound, kill or murder, or toburn or destroy his house or other property, or to accuse another of a crime ormisdemeanor, or expose or publish any of his infirmities, though no money,goods, chattels or other valuable thing be demanded,

is guilty ofa misdemeanor.

2. Any person who:

(a) Writes and sends, or writes and delivers, eitherthrough the mail, express, by private parties or otherwise, any anonymousletter, or any letter bearing a fictitious name, charging any person withcrime; or

(b) Writes and sends any anonymous letter or lettersbearing a fictitious name, containing vulgar or threatening language, obscenepictures, or containing reflections upon his standing in society or in thecommunity,

is guilty ofa misdemeanor.

[1911 C&P 173; RL 6438; NCL 10120](NRS A1967, 521; 1991, 1010; 1997, 2504)

NRS 207.185 Penaltyfor commission of certain unlawful acts by reason of actual or perceived race,color, religion, national origin, physical or mental disability or sexualorientation of another person or group of persons. Unlessa greater penalty is provided by law, a person who, by reason of the actual orperceived race, color, religion, national origin, physical or mental disabilityor sexual orientation of another person or group of persons, willfully violatesany provision of NRS 200.471, 200.481, 200.5099,200.571, 200.575, 203.010,203.020, 203.030, 203.060,203.080, 203.090, 203.100,203.110, 203.119, 206.010,206.040, 206.140, 206.200,206.310, 207.180, 207.200or 207.210 is guilty of a grossmisdemeanor.

(Added to NRS by 1989, 898; A 1993, 511; 1995, 2706)

NRS 207.190 Coercion.

1. It is unlawful for a person, with the intent tocompel another to do or abstain from doing an act which the other person has aright to do or abstain from doing, to:

(a) Use violence or inflict injury upon the otherperson or any of his family, or upon his property, or threaten such violence orinjury;

(b) Deprive the person of any tool, implement orclothing, or hinder him in the use thereof; or

(c) Attempt to intimidate the person by threats orforce.

2. A person who violates the provisions of subsection1 shall be punished:

(a) Where physical force or the immediate threat ofphysical force is used, for a category B felony by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 6 years, and may be further punished by a fine of not more than$5,000.

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

[1911 C&P 475; RL 6740; NCL 10424](NRS A1967, 522; 1979, 1455; 1995, 1239)

NRS 207.193 Coercion:Hearing to determine whether sexually motivated.

1. Except as otherwise provided in subsection4, if a person is convicted of coercion or attempted coercion in violation ofparagraph (a) of subsection 2 of NRS 207.190,the court shall, at the request of the prosecuting attorney, conduct a separatehearing to determine whether the offense was sexually motivated. A request forsuch a hearing may not be submitted to the court unless the prosecutingattorney, not less than 72 hours before the commencement of the trial, filesand serves upon the defendant a written notice of his intention to request sucha hearing.

2. A hearing requested pursuant to subsection 1 mustbe conducted before:

(a) The court imposes its sentence; or

(b) A separate penalty hearing is conducted.

3. At the hearing, only evidence concerning thequestion of whether the offense was sexually motivated may be presented. Theprosecuting attorney must prove beyond a reasonable doubt that the offense wassexually motivated.

4. A person may stipulate that his offense wassexually motivated before a hearing held pursuant to subsection 1 or as part ofan agreement to plead nolo contendere or guilty.

5. The court shall enter in the record:

(a) Its finding from a hearing held pursuant tosubsection 1; or

(b) A stipulation made pursuant to subsection 4.

6. For the purposes of this section, an offense issexually motivated if one of the purposes for which the person committed theoffense was his sexual gratification.

(Added to NRS by 1997, 1681; A 1997, 2510; 2003, 1484)

NRS 207.195 Useof monetary instrument proceeding or derived from unlawful activity; conductingfinancial transaction with intent to evade regulation governing records ofcasinos.

1. If a monetary instrument represents the proceeds ofor is directly or indirectly derived from any unlawful activity, it is unlawfulfor a person, having knowledge of that fact:

(a) To conduct or attempt to conduct a financialtransaction involving the instrument:

(1) With the intent to further any unlawfulactivity;

(2) With the knowledge that the transactionconceals the location, source, ownership or control of the instrument; or

(3) With the knowledge that the transactionevades any provision of federal or state law that requires the reporting of afinancial transaction.

(b) To transport or attempt to transport the monetaryinstrument:

(1) With the intent to further any unlawfulactivity;

(2) With the knowledge that the transportationconceals the location, source, ownership or control of any proceeds derivedfrom unlawful activity; or

(3) With the knowledge that the transportationevades any provision of federal or state law that requires the reporting of afinancial transaction.

2. It is unlawful for any person to conduct or attemptto conduct a financial transaction with the intent to evade a regulationadopted pursuant to NRS 463.125.

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

4. Each violation of subsection 1 or 2 involving oneor more monetary instruments totaling $10,000 or more shall be deemed aseparate offense.

5. As used in this section:

(a) Financial transaction means any purchase, sale,loan, pledge, gift, transfer, deposit, withdrawal or other exchange involving amonetary instrument. The term does not include any instrument or transactionfor the payment of assistance of counsel in a criminal prosecution.

(b) Monetary instrument includes any coin or currencyof the United States or any other country, any travelers check, personalcheck, money order, bank check, cashiers check, stock, bond, precious metal,precious stone or gem or any negotiable instrument to which title passes upondelivery. The term does not include any instrument or transaction for thepayment of assistance of counsel in a criminal prosecution.

(c) Unlawful activity includes any crime related toracketeering as defined in NRS 207.360or any offense punishable as a felony pursuant to state or federal statute. Theterm does not include any procedural error in the acceptance of a credit instrument,as defined in NRS 463.01467, by aperson who holds a nonrestricted gaming license.

(Added to NRS by 1991, 181; A 1995, 430, 1240, 1332)

NRS 207.200 Unlawfultrespass upon land; warning against trespassing.

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, undercircumstances not amounting to a burglary:

(a) Goes upon the land or into any building of anotherwith intent to vex or annoy the owner or occupant thereof, or to commit anyunlawful act; or

(b) Willfully goes or remains upon any land or in anybuilding after having been warned by the owner or occupant thereof not totrespass,

is guilty ofa misdemeanor. The meaning of this subsection is not limited by subsections 2and 4.

2. A sufficient warning against trespassing, withinthe meaning of this section, is given by either of the following methods:

(a) Painting, at intervals of not more than 200 feet oneach side of the land, upon or near the boundary, a post, structure or naturalobject with not less than 50 square inches of fluorescent orange paint or, ifthe post is a metal fence post, painting the entire post with such paint.

(b) Fencing the area.

3. It is prima facie evidence of trespass for anyperson to be found on private or public property which is posted or fenced asprovided in subsection 2 without lawful business with the owner or occupant ofthe property.

4. An entryman on land under the laws of the UnitedStates is an owner within the meaning of this section.

5. As used in this section, fence means a barriersufficient to indicate an intent to restrict the area to human ingress,including, but not limited to, a wall, hedge or chain link or wire mesh fence.

[1911 C&P 500; RL 6765; NCL 10447](NRS A1969, 96; 1975, 1169; 1987, 2086; 1989, 997; 2005, 930)

NRS 207.205 Postingland without permission of owner or occupant.

1. It is unlawful for any person to post such landwithin the meaning of subsection 2 of NRS207.200 unless he has:

(a) Obtained written authorization from the owner oroccupant of the land, or any building thereon, to do so unless he is the owneror occupant.

(b) Placed the name and address of the owner oroccupant on each sign.

2. Any person violating any of the provisions ofsubsection 1 is guilty of a misdemeanor.

(Added to NRS by 1973, 1116)

NRS 207.210 Destructionof signs or notices forbidding trespass. Itshall be a misdemeanor for any person maliciously to tear down, mutilate ordestroy any sign, signboard or other notice forbidding trespass within anenclosure.

[Part 1911 C&P 503; RL 6768; NCL 10450]

NRS 207.220 Penaltyfor not closing gates.

1. Any person or persons opening and passing throughgates or bars when gates or bars are placed in fences enclosing fields, or infences partly enclosing lands, and not shutting and fastening the same, shallbe deemed guilty of a misdemeanor.

2. The provisions of this section shall not apply togates in towns and cities nor gates necessary in the approach to any buildingor works where the passing through or into fields or lands is not contemplated.

[1911 C&P 504; RL 6769; NCL 10451]

NRS 207.225 Unlawfuldiversion of irrigation water. Any person whoknowingly diverts or causes to be diverted to his own or some other personsuse any irrigation water to which another person has a vested right, withoutsuch rightful users permission, is guilty of a misdemeanor.

(Added to NRS by 1977, 883)

NRS 207.230 Actingwithout lawful authority. Every person who shall,in any case not otherwise specially provided for, do any act for the doing ofwhich a license or other authority is required by law, without having suchlicense or other authority as required by law, shall be guilty of amisdemeanor.

[1911 C&P 543; RL 6808; NCL 10489]

NRS 207.235 Dogracing as gaming activity. A person whoconducts dog racing as a gaming activity in this State is guilty of amisdemeanor.

(Added to NRS by 1997, 3130)

NRS 207.245 Useof system providing telephone number to be used in emergency when no actual orperceived emergency exists.

1. As used in this section, system means a systemestablished to provide a telephone number to be used in an emergency.

2. It is unlawful for any person knowingly orwillfully to make or cause to be made any telephonic access to a system if noactual or perceived emergency exists.

3. Any person who violates any provision of thissection is guilty of a gross misdemeanor.

(Added to NRS by 1991, 17)

NRS 207.260 Unlawfulcontact with child or mentally ill person.

1. A person who, without lawful authority, willfullyand maliciously engages in a course of conduct with a child who is under 16years of age and who is at least 5 years younger than the person which wouldcause a reasonable child of like age to feel terrorized, frightened,intimidated or harassed, and which actually causes the child to feelterrorized, frightened, intimidated or harassed, commits the crime of unlawfulcontact with a child.

2. A person who, without lawful authority, willfullyand maliciously engages in a course of conduct with a mentally ill person whichwould cause a mentally ill person of like mental condition to feel terrorized,frightened, intimidated or harassed, and which actually causes the mentally illperson to feel terrorized, frightened, intimidated or harassed, commits thecrime of unlawful contact with a mentally ill person.

3. The penalties provided in this section do notpreclude the victim from seeking any other legal remedy available.

4. Unless a greater penalty is provided by specificstatute, a person who commits the crime of unlawful contact with a child orunlawful contact with a mentally ill person is guilty of:

(a) For the first offense, a gross misdemeanor.

(b) For the second and each subsequent offense, 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, and may be further punished by a fine of not more than $5,000.

5. 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) Mentally ill person means a person who has anymental dysfunction leading to impaired ability to maintain himself and tofunction effectively in his life situation without external support.

(c) Without lawful authority includes acts that areinitiated or continued without the victims consent. The term does not includeacts that 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 1963, 41; A 1967, 523; 1975, 79;1979, 1456; 1995, 1240; 2001, 2789; 2003, 1377)

NRS 207.270 Loiteringabout school or public place where children congregate. Any person who, without legitimate reason to supervise anyof such children or other legitimate reason to be at leisure in such place,loiters about any school or public place at or near which children attend ornormally congregate is guilty of a misdemeanor.

(Added to NRS by 1963, 41; A 1967, 523)

NRS 207.280 Falsereporting of crimes unlawful. Every person whodeliberately reports to any police officer, sheriff, district attorney, deputysheriff, deputy district attorney or member of the Department of Public Safetythat a felony or misdemeanor has been committed, which causes a law enforcementagency to conduct a criminal or internal investigation, knowing such report tobe false, is guilty of a misdemeanor.

(Added to NRS by 1965, 409; A 1967, 523; 2005, 939)

NRS 207.290 Givingor accepting bribe to influence outcome of sporting event. A person who:

1. Gives, offers or promises to give, or attempts togive or offer, any compensation, gratuity or thing of value, or any promisethereof, to any participant or player or any judge, referee, manager or otherofficial of a sporting event or contest; or

2. Asks or receives or offers to receive directly orindirectly any compensation, gratuity, reward or thing of value or any promisethereof, as a participant or player, or as a judge, referee, manager or otherofficial of a sporting event or contest,

with theintention, understanding or agreement that the player or participant or judge,referee, manager or other official of the sporting event will not use his bestefforts to win, or will so conduct himself as to limit his or his teams marginof victory, or will corruptly judge, referee, manage or otherwise officiate thesporting event or contest with the intention or purpose that the result of thesporting event will be affected thereby, is guilty of a category C felony andshall be punished as provided in NRS 193.130.

(Added to NRS by 1965, 553; A 1967, 523; 1995, 1240)

NRS 207.295 Commercialbribery. Any person who, with corrupt intent:

1. Offers, confers or agrees to confer any benefitupon any employee, agent or fiduciary without the consent of the employer orprincipal of that employee, agent or fiduciary in order to influence adverselythat persons conduct in relation to the commercial affairs of his employer orprincipal; or

2. While an employee, agent or fiduciary, solicits,accepts or agrees to accept any benefit from another person upon an agreementor understanding that the benefit will influence adversely his conduct inrelation to the commercial affairs of his employer or principal,

commitscommercial bribery and is guilty of a misdemeanor.

(Added to NRS by 1979, 345)

NRS 207.297 Discrimination:Definitions. As used in NRS 207.300 and 207.310:

1. Disability means, with respect to a person:

(a) A physical or mental impairment that substantiallylimits one or more of the major life activities of the person;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

2. Familial status means the fact that a person:

(a) Lives with a child under the age of 18 and has:

(1) Lawful custody of the child; or

(2) Written permission to live with the childfrom the person who has lawful custody of the child;

(b) Is pregnant; or

(c) Has begun a proceeding to adopt or otherwise obtainlawful custody of a child.

(Added to NRS by 1991, 1981; A 1995, 1988)

NRS 207.300 Discrimination:Transactions involving real property. It isunlawful for any person to refuse to rent, lease, sell or otherwise convey anyreal property solely because of race, religious creed, color, national origin,disability, ancestry, familial status or sex.

(Added to NRS by 1971, 732; A 1973, 195; 1985, 335;1991, 1981)

NRS 207.310 Discrimination:Loans for dwellings.

1. As used in this section:

(a) Customer means a person who applies for a loan orother financial assistance to purchase, construct, improve or repair adwelling. The term includes a person who does not intend to enter into atransaction for a loan or other financial assistance, but applies for the loanor financial assistance as if he intended to enter into the transaction.

(b) Lender means a bank, savings and loanassociation, insurance company or other person whose business consists in wholeor in part of making commercial real estate loans.

2. It is unlawful for any lender to deny a loan, orother financial assistance rendered by the lender, to any customer or todiscriminate against any customer in fixing the amount, conditions, duration,rate of interest or other terms of a loan or other financial assistance or torefuse to purchase a loan from another lender because of the race, color,religious creed, national origin, disability, ancestry, familial status or sexof:

(a) The customer;

(b) Any person associated with the customer inconnection with the loan or other financial assistance or with the purpose ofthe loan or other financial assistance; or

(c) The present or prospective owners, lessees, tenantsor occupants of the dwelling in relation to which the loan or other financialassistance is to be made or given.

3. A person who violates the provisions of thissection is guilty of:

(a) A misdemeanor for the first and second offenses.

(b) A gross misdemeanor for the third and subsequentoffenses.

(Added to NRS by 1971, 732; A 1975, 829; 1989, 10;1991, 1981; 1995, 1988; 1997, 52)

NRS 207.320 Preparationor sale of academic writings. Any person whoprepares for sale or sells any term paper, thesis, dissertation or similarwriting intending such writing to be submitted to an academic institution asthe work of any person not the author in fulfillment of a requirement forcompletion of a course of study, award of a degree or other academic credit isguilty of a misdemeanor.

(Added to NRS by 1973, 1161)

NRS 207.325 Unsolicitedtransmission of advertisement to facsimile machine.

1. Except as otherwise provided in subsection 2, aperson shall not make or cause to be made an unsolicited electronic ortelephonic transmission to a facsimile machine to solicit a person to purchasereal property, goods or services.

2. The provisions of subsection 1 do not apply to anunsolicited electronic or telephonic transmission sent to a person who has apreexisting business relationship with the person who makes or causes thetransmission to be made.

3. Any person who violates the provisions ofsubsection 1 is guilty of a misdemeanor.

4. As used in this section, facsimile machine meansa device which receives and copies a reproduction or facsimile of a document orphotograph which is transmitted electronically or telephonically bytelecommunications lines.

(Added to NRS by 1991, 126)

NRS 207.330 Saleof identifying card or document. It isunlawful for any person to sell to another any card or other documentpurporting to establish the identity of the holder unless the purchaser appearspersonally before the seller and declares his identity in writing under thepenalty of perjury. This section does not apply to any governmental agency.

(Added to NRS by 1975, 1461)

NRS 207.340 Actsconcerning federal food stamps; prosecution by district attorney or AttorneyGeneral.

1. As used in this section, unless the contextotherwise requires:

(a) Access device means any card, plate, accountnumber or other means of access that can be used, alone or in conjunction withanother access device, to obtain payments, allotments, benefits, money, goodsor other things of value, or that can be used to initiate a transfer of fundspursuant to the Act.

(b) Act means the Food Stamp Act of 1977, as amended(7 U.S.C. 2011 et seq.) and regulations adopted thereunder.

(c) Authorization to purchase means a document issuedby the United States Department of Agriculture or by a state agency whichpermits the holder to purchase coupons or otherwise receive benefits under theAct.

(d) Coupon means a food stamp, coupon, certificate oraccess device issued by the United States Department of Agriculture as providedin the Act.

2. A person who knowingly uses, transfers, sells,purchases, acquires, alters or possesses coupons and who is not authorized bythe Act to do so, or who knowingly presents or causes to be presented couponswhich are received, transferred or used in a manner not authorized by the Act,shall be punished:

(a) If the value of the coupons is less than $250, fora misdemeanor, and be sentenced to restore the amount of the value so obtained.

(b) If the value of the coupons is $250 or more, for acategory E felony as provided in NRS 193.130.In addition to any other penalty, the court shall order the person to payrestitution.

3. A district attorney or the Attorney General maycommence proceedings to enforce the provisions of this section in any court ofcompetent jurisdiction.

4. If a person is convicted of violating any of theprovisions of this section, the prosecuting attorney shall report the sentenceimposed by the court for that person to the Division of Welfare and SupportiveServices of the Department of Health and Human Services within 60 days after theimposition of the sentence.

5. The value of all coupons misappropriated inseparate acts of fraud involving coupons must be combined for the purposes ofimposing punishment for the offense charged if:

(a) The separate acts were committed within 6 monthsbefore the offense;

(b) None of the individual acts is punishable as afelony; and

(c) The cumulative value of all the couponsmisappropriated is sufficient to make the offense punishable as a felony.

6. At the time of sentencing, a court may accept as apartial mitigation of the offense satisfactory evidence that a person convictedof violating any of the provisions of this section sold or transferred thecoupons for cash to buy necessities which may not be lawfully obtained withcoupons.

(Added to NRS by 1977, 608; A 1981, 1028; 1989, 1440;1995, 1241, 2692)

NRS 207.345 Impersonation of officer or employeeof utility.

1. A person shall not:

(a) Impersonate an officer or employee of a utility or,without authority, assume any characteristic, such as a uniform or insigne, orany identification by which an officer or employee of a utility isdistinguished, known or identified; and

(b) Use the impersonation or the assumed characteristicor identity to commit or attempt to commit any unlawful act or any act in whichthe person purports to represent the utility or an officer or employee of theutility.

2. A person who violates any provision of this sectionis guilty of:

(a) A gross misdemeanor; or

(b) A category C felony and shall be punished as providedin NRS 193.130 if the person acted withthe intent to:

(1) Commit, cause, aid, further or conceal, orattempt to commit, cause, aid, further or conceal, any unlawful act involvingterrorism or sabotage; or

(2) Assist, solicit or conspire with anotherperson to commit, cause, aid, further or conceal any unlawful act involvingterrorism or sabotage.

(Added to NRS by 1987, 405; A 2003, 2463)

RACKETEERING

NRS 207.350 Definitions. As used in NRS 207.350to 207.520, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 207.360 to 207.390, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1983, 1495)

NRS 207.360 Crimerelated to racketeering defined. Crimerelated to racketeering means the commission of, attempt to commit orconspiracy to commit any of the following crimes:

1. Murder;

2. Manslaughter, except vehicular manslaughter asdescribed in NRS 484.3775;

3. Mayhem;

4. Battery which is punished as a felony;

5. Kidnapping;

6. Sexual assault;

7. Arson;

8. Robbery;

9. Taking property from another under circumstancesnot amounting to robbery;

10. Extortion;

11. Statutory sexual seduction;

12. Extortionate collection of debt in violation of NRS 205.322;

13. Forgery;

14. Any violation of NRS199.280 which is punished as a felony;

15. Burglary;

16. Grand larceny;

17. Bribery or asking for or receiving a bribe inviolation of chapter 197 or 199 of NRS which is punished as a felony;

18. Battery with intent to commit a crime in violationof NRS 200.400;

19. Assault with a deadly weapon;

20. Any violation of NRS453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;

21. Receiving or transferring a stolen vehicle;

22. Any violation of NRS202.260, 202.275 or 202.350 which is punished as a felony;

23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter465 of NRS;

24. Receiving, possessing or withholding stolen goodsvalued at $250 or more;

25. Embezzlement of money or property valued at $250or more;

26. Obtaining possession of money or property valuedat $250 or more, or obtaining a signature by means of false pretenses;

27. Perjury or subornation of perjury;

28. Offering false evidence;

29. Any violation of NRS201.300 or 201.360;

30. Any violation of NRS90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

31. Any violation of NRS205.506, 205.920 or 205.930; or

32. Any violation of NRS202.445 or 202.446.

(Added to NRS by 1983, 1495; A 1989, 18, 160; 1991,124, 161; 1997, 493; 1999,2642; 2001, 1100;2003, 2951; 2005, 79)

NRS 207.370 Criminalsyndicate defined. Criminal syndicate meansany combination of persons, so structured that the organization will continueits operation even if individual members enter or leave the organization, whichengages in or has the purpose of engaging in racketeering activity.

(Added to NRS by 1983, 1496)

NRS 207.380 Enterprisedefined. Enterprise includes:

1. Any natural person, sole proprietorship,partnership, corporation, business trust or other legal entity; and

2. Any union, association or other group of personsassociated in fact although not a legal entity.

The termincludes illicit as well as licit enterprises and governmental as well as otherentities.

(Added to NRS by 1983, 1496)

NRS 207.390 Racketeeringactivity defined. Racketeering activitymeans engaging in at least two crimes related to racketeering that have thesame or similar pattern, intents, results, accomplices, victims or methods ofcommission, or are otherwise interrelated by distinguishing characteristics andare not isolated incidents, if at least one of the incidents occurred afterJuly 1, 1983, and the last of the incidents occurred within 5 years after aprior commission of a crime related to racketeering.

(Added to NRS by 1983, 1496)

NRS 207.400 Unlawfulacts; penalties.

1. It is unlawful for a person:

(a) Who has with criminal intent received any proceedsderived, directly or indirectly, from racketeering activity to use or invest,whether directly or indirectly, any part of the proceeds, or the proceedsderived from the investment or use thereof, in the acquisition of:

(1) Any title to or any right, interest orequity in real property; or

(2) Any interest in or the establishment or operationof any enterprise.

(b) Through racketeering activity to acquire ormaintain, directly or indirectly, any interest in or control of any enterprise.

(c) Who is employed by or associated with anyenterprise to conduct or participate, directly or indirectly, in:

(1) The affairs of the enterprise throughracketeering activity; or

(2) Racketeering activity through the affairs ofthe enterprise.

(d) Intentionally to organize, manage, direct,supervise or finance a criminal syndicate.

(e) Knowingly to incite or induce others to engage inviolence or intimidation to promote or further the criminal objectives of thecriminal syndicate.

(f) To furnish advice, assistance or direction in theconduct, financing or management of the affairs of the criminal syndicate withthe intent to promote or further the criminal objectives of the syndicate.

(g) Intentionally to promote or further the criminalobjectives of a criminal syndicate by inducing the commission of an act or theomission of an act by a public officer or employee which violates his officialduty.

(h) To conspire to violate any of the provisions ofthis section.

2. A person who violates this section is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 5 years and a maximum term of not more than 20years, and may be further punished by a fine of not more than $25,000.

(Added to NRS by 1983, 1496; A 1995, 1241)

NRS 207.410 Alternatefine for unlawful acts. In lieu of the finewhich may be imposed for a violation of NRS207.400, the convicted person may be sentenced to pay a fine which does notexceed three times:

1. Any gross pecuniary value he gained; or

2. Any gross loss he caused, including property damageand personal injury but excluding any pain and suffering,

whichever isgreater, as a result of the violation. He may also be sentenced to pay courtcosts and the reasonable costs of the investigation and prosecution. Ifproperty is ordered forfeited pursuant to NRS207.450, the value of that property must be subtracted from a fine imposedpursuant to this section.

(Added to NRS by 1983, 1497)

NRS 207.415 Accountfor Prosecution of Racketeering created; use and distribution of money byAttorney General; reimbursement of Account.

1. The Account for the Prosecution of Racketeering ishereby created within the Attorney Generals Special Fund created pursuant to NRS 228.096. Any amount of the balance inthe Account in excess of $50,000 must be deposited in the State General Fund.

2. The Attorney General shall use the money in theAccount to pay the expenses involved in the investigation of racketeeringactivity and any civil action or criminal prosecution related thereto. He maydistribute money in the Account to other law enforcement agencies in this Statefor similar use. To the extent possible, each agency receiving money from theAccount shall reimburse the Account with money it obtains as a result of aforfeiture or settlement which arises from any civil action or criminalprosecution related to racketeering activity. Each such agency shall alsodeposit in the Account an amount equal to 10 percent of the actual value of anyother proceeds or property obtained in the forfeiture or settlement.

(Added to NRS by 1985, 973; A 1989, 1469)

NRS 207.420 Criminalforfeiture: Property subject to forfeiture; substitution for unreachableproperty.

1. If the indictment or information filed regarding aviolation of NRS 207.400 alleges thatreal or personal property was derived from, realized through, or used orintended for use in the course of the unlawful act and the extent of thatproperty:

(a) The jury; or

(b) If the trial is without a jury, the court,

shall, upona conviction, determine at a separate hearing the extent of the property to beforfeited. If the indictment or information does not include such anallegation, the property is not subject to criminal forfeiture.

2. The property subject to criminal forfeiturepursuant to subsection 1 includes:

(a) Any title or interest acquired or maintained by theunlawful conduct;

(b) Any proceeds derived from the unlawful conduct;

(c) Any property or contractual right which affords asource of influence over any enterprise established, operated, controlled, participatedin or conducted in violation of NRS 207.400;

(d) Any position, office, appointment, tenure orcontract of employment:

(1) Which was acquired or maintained inviolation of NRS 207.400;

(2) Through which the convicted person conductedor participated in the conduct of such unlawful affairs of an enterprise; or

(3) Which afforded him a source of influence orcontrol over the affairs of an enterprise which he exercised in violation of NRS 207.400;

(e) Any compensation, right or benefit derived from aposition, office, appointment, tenure or contract of employment that accrued tohim during the period of unlawful conduct; and

(f) Any amount payable or paid under any contract forgoods or services which was awarded or performed in violation of NRS 207.400.

3. If property which is ordered to be criminallyforfeited pursuant to subsection 1:

(a) Cannot be located;

(b) Has been sold to a purchaser in good faith forvalue;

(c) Has been placed beyond the jurisdiction of thecourt;

(d) Has been substantially diminished in value by theconduct of the defendant;

(e) Has been commingled with other property whichcannot be divided without difficulty or undue injury to innocent persons; or

(f) Is otherwise unreachable without undue injury toinnocent persons,

the courtshall order the forfeiture of other property of the defendant up to the valueof the property that is unreachable.

(Added to NRS by 1983, 1497)

NRS 207.430 Criminalforfeiture: Temporary restraining order to preserve property.

1. The prosecuting attorney may apply for, and a courtmay issue without notice or hearing, a temporary restraining order to preserveproperty which would be subject to criminal forfeiture under NRS 207.420 if:

(a) An indictment or information has been filedregarding a violation of NRS 207.400 andthe extent of criminally forfeitable property is included therein or the courtbelieves there is probable cause for such an inclusion;

(b) The property is in the possession or control of theparty against whom the order will be entered; and

(c) The court determines that the nature of theproperty is such that it can be concealed, disposed of or placed beyond thejurisdiction of the court before a hearing on the matter.

2. A temporary restraining order which is issuedwithout notice may be issued for not more than 10 days and may be extended onlyfor good cause or by consent. The court shall provide notice and hold a hearingon the matter before the order expires.

(Added to NRS by 1983, 1499)

NRS 207.440 Criminalforfeiture: Orders to secure property.

1. After an information or indictment is filedregarding a violation of NRS 207.400,the prosecuting attorney may request the court to:

(a) Enter a restraining order or injunction;

(b) Require the execution of a satisfactory bond;

(c) Appoint a receiver; or

(d) Take any other necessary action,

to secureproperty which is subject to criminal forfeiture.

2. The court shall, after a hearing for which noticewas given to any person whose rights in the property proposed for forfeiturewould be affected, order such an action if the prosecuting attorney shows by apreponderance of the evidence that the action is necessary to preserve thedefendants property which is subject to criminal forfeiture.

3. If no indictment or information has been filedregarding a violation of NRS 207.400,the court may, after such a hearing and upon a showing of the prosecutingattorney that:

(a) There is probable cause to believe that theproperty for which the order is sought would be subject to criminal forfeiture;and

(b) The requested order would not result in substantialand irreparable harm or injury to the party against whom the order is to beentered that outweighs the need to secure the property for the potentialcriminal forfeiture,

order anaction to secure the property. Such an order may not be effective for more than90 days unless it is extended for good cause or an indictment or information isfiled regarding a violation of NRS 207.400and the extent of the criminally forfeitable property is listed therein.

(Added to NRS by 1983, 1498)

NRS 207.450 Criminalforfeiture: Order of forfeiture; protection of property.

1. Upon entry of a judgment for a violation of NRS 207.400, the court may order theforfeiture of the appropriate property.

2. Upon entry of such an order, the court may:

(a) Enter a restraining order or injunction;

(b) Require the execution of a satisfactory bond;

(c) Appoint a receiver; or

(d) Take any other necessary action,

to protectthe interests of the State.

(Added to NRS by 1983, 1499)

NRS 207.460 Civilforfeiture: Property subject to forfeiture.

1. Except as otherwise provided in subsection 2, thefollowing are subject to civil forfeiture to the State:

(a) All property, real or personal, including moneyused in the course of, intended for use in the course of, derived from orgained through conduct in violation of NRS207.400;

(b) Any title or interest a person has acquired ormaintained in violation of NRS 207.400;and

(c) Any property or contractual right which affords asource of influence over any enterprise established, operated, controlled,participated in or conducted in violation of NRS207.400.

2. Upon a showing by the owner of the requisite facts,the following is not subject to forfeiture under this section:

(a) Except as otherwise provided in paragraph (b),property used without the knowledge or consent of its owner; and

(b) A means of transportation used by a person in thetransaction of his business as a common carrier unless it appears the owner orperson in charge of the common carrier consented to or had knowledge of theviolation of NRS 207.400.

(Added to NRS by 1983, 1499)

NRS 207.470 Civilactions for damages resulting from racketeering.

1. Any person who is injured in his business orproperty by reason of any violation of NRS207.400 has a cause of action against a person causing such injury forthree times the actual damages sustained. An injured person may also recoverattorneys fees in the trial and appellate courts and costs of investigationand litigation reasonably incurred. The defendant or any injured person in theaction may demand a trial by jury in any civil action brought pursuant to thissection. Any injured person has a claim to forfeited property or the proceedsderived therefrom and this claim is superior to any claim the State may have tothe same property or proceeds if the injured persons claim is asserted beforea final decree is issued which grants forfeiture of the property or proceeds tothe State.

2. A final judgment or decree rendered in favor of theState in any criminal proceeding under NRS205.322 or 207.400 estops thedefendant in any subsequent civil action or proceeding from denying theessential allegations of the criminal offense.

3. Any civil action or proceeding under this sectionmust be instituted in the district court of the State in the county in whichthe prospective defendant resides or has committed any act which subjects himto criminal or civil liability under this section or NRS 205.322, 207.400 or 207.460.

4. Any civil remedy provided pursuant to this sectionis not exclusive of any other available remedy or penalty.

(Added to NRS by 1983, 1501)

NRS 207.480 Orderof court upon determination of civil liability. Adistrict court may, following a determination of civil liability under NRS 207.470 or 207.490, take such actions as it deemsproper, including ordering the defendant to pay all costs and expenses of theproceedings.

(Added to NRS by 1983, 1502)

NRS 207.490 Criminaland civil forfeiture: Seizure of property before forfeiture and finaldisposition; order of forfeiture; intercession by Attorney General;interlocutory actions by court.

1. Property subject to forfeiture under NRS 207.420 and 207.460 may be seized by a law enforcementagency upon process issued by a court. Before an order of civil forfeiture isissued and without legal process, notice of the claim for forfeiture of realproperty may be given in the manner provided in NRS 14.010 and 14.015. A seizure of personal property maybe made without legal process if the seizure is incident to:

(a) A lawful arrest or search; or

(b) An inspection under an administrative warrant.

2. Property seized or made the subject of notice underthis section is deemed to be in the custody of the agency subject only toorders of the court which has jurisdiction over the proceedings for forfeiture.An agency which has seized such property without process shall begin theproceedings for forfeiture promptly. Such an action takes precedence over othercivil proceedings. The seized property is subject to an action to claim thedelivery of the property if the agency does not file the complaint forforfeiture within 60 days after the property is seized. If a complaint forforfeiture is filed after an affidavit claiming delivery, the complaint must betreated as a counterclaim.

3. When property is seized under this section, pendingforfeiture and final disposition, the law enforcement agency may:

(a) Place the property under seal.

(b) Remove the property to a place designated by the court.

(c) Require another agency authorized by law to takecustody of the property and remove it to an appropriate location.

4. The district attorney may institute civilproceedings under this section for the forfeiture of property subject toforfeiture pursuant to NRS 207.460. TheAttorney General may institute such proceedings when the property is seized bya state agency. If a district attorney has not instituted such a proceeding orhas not pursued one which was instituted, the Attorney General may intercedeafter giving 30 days written notice to the district attorney of his intentionto do so.

5. In any action so brought, the district court shallproceed as soon as practicable to the hearing and determination. Pending finaldetermination in an action brought under this section or NRS 207.470, the district court may at anytime enter such injunctions, prohibitions or restraining orders, or take suchactions, including the acceptance of satisfactory performance bonds, as thecourt deems proper in connection with any property or interest subject toforfeiture.

6. Upon a finding of civil liability under thissection or NRS 207.470, the court mayorder the forfeiture of the appropriate property and interests.

(Added to NRS by 1983, 1500)

NRS 207.500 Use,sale and other disposal of forfeited property by State, county or city; paymentof certain encumbrances.

1. The State, county or city may sell or retain forits official use the property or interests so forfeited. If the forfeitedproperty or interest is to be sold or otherwise disposed of, the State, countyor city shall do so as soon as commercially feasible. Except as otherwiseprovided in subsection 2, the proceeds from such a sale must be used:

(a) First to satisfy a claim of an injured person asprovided in NRS 207.470;

(b) Then for payment of all proper expenses of anyproceedings for the forfeiture and sale, including any expenses for the seizureand maintenance of the property, advertising and court costs; and

(c) Then to repay any money received pursuant to NRS 207.415 and to pay the amount requiredto be paid by that section.

The balanceof the proceeds, if any, must be deposited in the General Fund of the State ora county or city as the court provides in the order of forfeiture.

2. If the property forfeited is encumbered by a bonafide security interest and the secured party shows that he did not consent orhave knowledge of the violation causing the forfeiture, the State shall pay theexisting balance or return the property to the secured party.

(Added to NRS by 1983, 1501; A 1985, 973)

NRS 207.510 Partiesto proceedings for forfeiture of property. Noperson, except one:

1. Who holds a community property interest in theproperty;

2. Whose name or interest appears on the document oftitle or certificate of registration of the property;

3. Who is injured in his business or property by theviolation; or

4. Who can otherwise prove ownership or a bona fidesecurity interest in the property or interest subject to forfeiture,

may be aparty to proceeding for a forfeiture brought pursuant to NRS 207.490.

(Added to NRS by 1983, 1501)

NRS 207.520 Limitationof actions. A criminal action or proceedingunder NRS 205.322 or 207.400 may be commenced at any time within5 years after the conduct in violation of the section occurs. Except asotherwise provided in NRS 217.007, acivil action or proceeding under NRS 207.470may be commenced at any time within 5 years after the violation occurs or afterthe injured person sustains the injury, whichever is later. If a criminalprosecution or civil action or other proceeding is brought to punish, preventor restrain any violation of the provisions of NRS 205.322 or 207.400, the running of the period oflimitations prescribed by this section with respect to any cause of actionarising under NRS 207.470, which isbased in whole or in part upon any matter complained of in the prosecution orproceeding, is suspended during the pendency of the prosecution or proceedingand for 2 years following termination of the prosecution or proceeding.

(Added to NRS by 1983, 1501; A 1985, 1828; 1993, 454)

 

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