2005 Nevada Revised Statutes - Chapter 212 — Offenses Relating to Prisons and Prisoners

CHAPTER 212 - OFFENSES RELATING TO PRISONSAND PRISONERS

PROTECTION OF PRISONERS

NRS 212.010 Punishmentfor unauthorized injury of prisoner; forfeiture abolished except whenstatutorily authorized.

NRS 212.020 Inhumanityto prisoners.

ESCAPES AND RELATED OFFENSES

NRS 212.030 Warrantfor arrest of escaped prisoner.

NRS 212.040 Expensesof recapture and return of escaped prisoners.

NRS 212.050 Authorityto offer reward in certain cases.

NRS 212.070 Expensesof prosecuting prisoner and person acting in concert with prisoner who escapesor commits crime while incarcerated.

NRS 212.080 Recaptureand imprisonment.

NRS 212.090 Penaltiesfor prisoner who escapes.

NRS 212.093 Manufactureor possession by prisoner of items adapted, designed or commonly used to escapeprohibited; penalty; exception.

NRS 212.095 Unauthorizedabsences which constitute escape from prison; punishment; exception.

NRS 212.100 Aidingprisoner to escape.

NRS 212.110 Custodianpermitting escape.

NRS 212.120 Ministerialofficer permitting escape.

NRS 212.130 Concealingescaped prisoner.

OTHER UNAUTHORIZED OR PROHIBITED CONDUCT BY OR WITH PRISONERS

NRS 212.140 Unauthorizedcommunication with prisoner.

NRS 212.150 Communicationwith person charged or convicted of felony in county jail.

NRS 212.160 Furnishingweapon, facsimile, intoxicant or controlled substance to state prisoner;possession of controlled substance by state prisoner.

NRS 212.170 Furnishingintoxicant to person lawfully confined in jail or detention facility.

NRS 212.180 Saleof liquor within half mile of institution of Department of Correctionsunlawful; restriction on granting of new licenses.

NRS 212.185 Possessionor control of dangerous weapon or facsimile by incarcerated person prohibited.

NRS 212.187 Voluntarysexual conduct between prisoner and another person; penalty.

NRS 212.189 Unlawfulacts related to human excrement or bodily fluid; penalty; investigation;testing for communicable diseases; plea bargaining prohibited.

DAMAGE TO PRISONS AND JAILS

NRS 212.190 Penalty.

ELECTRONIC SUPERVISION

NRS 212.220 Penaltiesfor absence without authorization or tampering with electronic device;restitution.

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PROTECTION OF PRISONERS

NRS 212.010 Punishmentfor unauthorized injury of prisoner; forfeiture abolished except whenstatutorily authorized.

1. Every person sentenced to imprisonment in any penalinstitution is under the protection of the law, and any unauthorized injury tohis person shall be punished in the same manner as if he were not so convictedor sentenced.

2. A conviction of crime does not work a forfeiture ofany property, real or personal, or of any right or interest therein unlessotherwise specifically authorized by statute. All forfeitures in the nature ofdeodands, or in case of suicide or where a person flees from justice, areabolished.

[1911 C&P 13; RL 6278; NCL 9962](NRS A1985, 1468)

NRS 212.020 Inhumanityto prisoners.

1. A jailer or person who is guilty of willfulinhumanity or oppression to any prisoner under his care or custody shall bepunished:

(a) Where the prisoner suffers substantial bodily harmfrom the inhumanity or oppression, for a category D felony as provided in NRS 193.130.

(b) Where no substantial bodily harm results, for agross misdemeanor.

2. Whether or not the prisoner suffers substantialbodily harm, any public officer guilty of willful inhumanity is guilty of amalfeasance in office.

[Part 62:108:1866; B 2660; BH 1697; C 1843; RL 2818; NCL 4818](NRS A 1967, 524; 1995, 1255)

ESCAPES AND RELATED OFFENSES

NRS 212.030 Warrantfor arrest of escaped prisoner.

1. When any prisoner escapes from an institution orfacility of the Department of Corrections, the Director of the Department mayissue a warrant for the recapture of the escaped prisoner. The warrant iseffective in any county in this State, and may command the sheriff of anycounty in this State, or any constable thereof, or any police officer of anycity in this State, to arrest the prisoner and return him to the Director.

2. When any prisoner escapes from a jail, branchcounty jail or other local detention facility, the sheriff, chief of police orother officer responsible for the operation of the facility may issue a warrantfor the recapture of the escaped prisoner. The warrant is effective in anycounty in this State, and may command the sheriff of any county in this State,or any constable thereof, or any police officer of any city in this State, toarrest the prisoner and return him to the officer who issued the warrant.

[1:72:1866; B 3765; BH 1425; C 1446; RL 7594;NCL 11491](NRS A 1977, 868; 1983, 726; 1991, 19; 2001 Special Session,198)

NRS 212.040 Expensesof recapture and return of escaped prisoners.

1. If an escape is not the result of carelessness,incompetency or other official delinquency of the Director or other officers ofthe Department of Corrections, all expenses of enforcing the provisions of NRS 212.030 or appertaining to the recaptureand return of escaped convicts are a charge against the State, and must be paidout of the Reserve for Statutory Contingency Account upon approval by the StateBoard of Examiners.

2. Except as otherwise provided in NRS 211.060, all expenses of enforcing theprovisions of NRS 212.030 orappertaining to the recapture and return of escaped convicts are a chargeagainst the county, city or other local government responsible for theoperation of that facility.

[2:72:1866; A 1955, 625](NRS A 1963, 1111; 1977,868; 1991, 19, 1755, 1823; 2001 Special Session,198)

NRS 212.050 Authorityto offer reward in certain cases.

1. If any person who has been sentenced to confinementin the state prison, by any court having competent authority within this State,escapes therefrom, or is charged with murder or the perpetration of any crimepunishable with death, the Governor may, upon satisfactory evidence of theguilt of the accused, offer a reward for information that leads to hisapprehension. The reward offered by the Governor must not exceed the sum of$5,000, and must be paid out of the Reserve for Statutory Contingency Accountupon approval by the State Board of Examiners.

2. If any person who has been sentenced to confinementin a jail, branch county jail or other local detention facility by any courthaving competent authority within this State, escapes therefrom, or is chargedwith murder or the perpetration of any crime punishable with death, the boardof county commissioners of the county, the governing body of the city or otherlocal government responsible for the operation of the facility may, uponsatisfactory evidence of the guilt of the accused, offer a reward for informationthat leads to his apprehension. The reward offered by the board, governing bodyor other local government must not exceed the sum of $5,000.

[80:108:1866; B 2678; BH 1715; C 1861; RL 2831; NCL 4831](NRS A 1963, 1111; 1971, 8; 1991, 19, 1755, 1823)

NRS 212.070 Expensesof prosecuting prisoner and person acting in concert with prisoner who escapesor commits crime while incarcerated.

1. The expenses and costs of prosecuting any personfor escaping from, or breaking out of, the state prison, or attempting so todo, or for the commission of any crime while a prisoner therein, or any personacting in concert with such a prisoner, whether as a principal or accessory,are a charge against the State and must be paid from the Reserve for StatutoryContingency Account upon approval by the State Board of Examiners.

2. The expenses and costs of prosecuting any person orpersons for escaping from, or breaking out of, a jail, branch county jail orother local detention facility or attempting so to do, or for the commission ofany crime while a prisoner therein, or any person acting in concert with such aprisoner, whether as a principal or accessory, are a charge against the county,city or other local government responsible for the operation of that facility.

[1911 C&P 555; A 1955, 625](NRS A 1963, 1112;1991, 20, 1755, 1824; 1993, 457)

NRS 212.080 Recaptureand imprisonment. Every person in custody, undersentence of imprisonment for any crime, who shall escape from custody, may berecaptured and imprisoned for a term equal to the unexpired portion of theoriginal term.

[1911 C&P 73; RL 6338; NCL 10022]

NRS 212.090 Penaltiesfor prisoner who escapes. A prisoner confinedin a prison, or being in the lawful custody of an officer or other person, whoescapes or attempts to escape from prison or custody, if he is held on acharge, conviction or sentence of:

1. A felony, shall be punished:

(a) Where a dangerous weapon is used or one or morehostages are taken to facilitate the escape or attempted escape, or substantialbodily harm results to anyone as a direct result of the escape or attemptedescape, 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 20years, and may be further punished by a fine of not more than $20,000. Thesentence imposed pursuant to this paragraph must run consecutively after anysentence imposed for the original felony, and is not subject to suspension orthe granting of probation.

(b) Where none of the aggravating factors specified inparagraph (a) are present, 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 10 years, and may be further punished by a fine of not more than$10,000.

2. A gross misdemeanor or misdemeanor, shall bepunished:

(a) Where a dangerous weapon is used to facilitate theescape or attempted escape, for a category B felony by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 6 years, and may be further punished by a fine of not more than$5,000.

(b) Where no dangerous weapon is used, for a grossmisdemeanor.

[1911 C&P 74; A 1955, 191](NRS A 1967, 524;1973, 67; 1979, 1456; 1995, 1255)

NRS 212.093 Manufactureor possession by prisoner of items adapted, designed or commonly used to escapeprohibited; penalty; exception.

1. Except as otherwise provided in subsection 4, aprisoner who is in lawful custody or confinement, other than residentialconfinement, shall not knowingly manufacture, possess or have in his custody orcontrol any key, picklock, bolt cutters, wire cutters, saw, digging tool, rope,ladder, hook or any other tool or item adapted, designed or commonly used forthe purpose of escaping or attempting to escape from lawful custody orconfinement, whether or not such an escape or attempted escape actually occurs.

2. A prisoner who violates any provision of subsection1 and who is in lawful custody or confinement for a charge, conviction orsentence for:

(a) A felony, shall be punished 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, and may be further punished by afine of not more than $5,000.

(b) A gross misdemeanor or misdemeanor, shall bepunished for a gross misdemeanor.

3. A sentence imposed upon a prisoner pursuant to thissection:

(a) Is not subject to suspension or the granting ofprobation; and

(b) Must run consecutively after the prisoner hasserved any sentences imposed upon him for the offense or offenses for which theprisoner was in lawful custody or confinement when he violated the provisionsof subsection 1.

4. The provisions of this section do not apply to aprisoner who commits an act described in subsection 1 if the act is authorizedby the warden, sheriff, administrator or other person responsible foradministering the prison, or his designee, and the prisoner performs the act inaccordance with the directions or instructions given to him by that person.

(Added to NRS by 2003, 1184)

NRS 212.095 Unauthorizedabsences which constitute escape from prison; punishment; exception.

1. Any unauthorized absence from the place ofassignment by an offender who is on temporary furlough, participating in a workor educational release program or otherwise in a classification assignmentunder the provisions of chapter 209 of NRS,constitutes an escape from prison which is a category B felony and the offendershall be punished as provided in NRS 212.090.

2. This section does not apply to offenders releasedon parole.

(Added to NRS by 1977, 854; A 1995, 1255)

NRS 212.100 Aidingprisoner to escape. A person who, with theintent to effect or facilitate the escape of a prisoner, whether the escape iseffected or attempted or not, conveys or sends to a prisoner any information oraid, or conveys or sends into a prison any disguise, instrument, weapon orother thing, or aids or assists a prisoner in escaping or attempting to escapefrom the lawful custody of a sheriff or other officer or person, shall bepunished if the prisoner is held upon a charge, arrest, commitment, convictionor a sentence:

1. For a felony, for a category B felony byimprisonment in the state prison for a minimum term of not less than 1 year anda maximum term of not more than 10 years, and may be further punished by a fineof not more than $10,000.

2. For a gross misdemeanor or misdemeanor:

(a) Where a dangerous weapon is used to effect orfacilitate the escape or attempted escape, for a category B felony byimprisonment in the state prison for a minimum term of not less than 1 year anda maximum term of not more than 6 years, and may be further punished by a fineof not more than $5,000.

(b) Where no dangerous weapon is used, for a grossmisdemeanor.

[1911 C&P 75; RL 6340; NCL 10024](NRS A1967, 524; 1979, 1457; 1995, 1256)

NRS 212.110 Custodianpermitting escape. A person who willfullyallows a prisoner lawfully in his custody to escape, or connives at or assistssuch an escape, or willfully omits any act or duty by reason of which an escapeis occasioned, contributed to or assisted, is guilty of a category B felony andshall, if he connives at or assists the escape, be punished by imprisonment inthe state prison for a minimum term of not less than 1 year and a maximum termof not more than 6 years, and may be further punished by a fine of not morethan $10,000, and in any other case, is guilty of a gross misdemeanor.

[1911 C&P 76; RL 6341; NCL 10025](NRS A1967, 525; 1979, 1457; 1995, 1256)

NRS 212.120 Ministerialofficer permitting escape. An officer who asksor receives, directly or indirectly, any compensation, gratuity or reward, orpromise thereof, to procure, assist, connive at or permit any prisoner in hiscustody to escape, whether the escape is attempted or not, or commits anyunlawful act tending to hinder justice, 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, and may befurther punished by a fine of not more than $10,000.

[1911 C&P 77; RL 6342; NCL 10026](NRS A1967, 525; 1979, 1457; 1995, 1256)

NRS 212.130 Concealingescaped prisoner. A person who knowingly conceals,or harbors for the purpose of concealment, a prisoner who has escaped or isescaping from custody shall be punished, according to the charge or convictionor sentence upon which the prisoner was held:

1. For a category C felony as provided in NRS 193.130, if the prisoner was held for afelony.

2. For a gross misdemeanor, if the prisoner was heldfor a gross misdemeanor.

3. For a misdemeanor, if the prisoner was held for amisdemeanor.

[1911 C&P 78; RL 6343; NCL 10027](NRS A1967, 525; 1979, 1458; 1995, 1256)

OTHER UNAUTHORIZED OR PROHIBITED CONDUCT BY OR WITHPRISONERS

NRS 212.140 Unauthorizedcommunication with prisoner. Every person who,not being authorized by law or by any officer authorized thereby, shall haveany verbal communication with any prisoner in any jail, prison or other penalinstitution, or shall bring into or convey out of the same any writing,clothing, food, tobacco or any article whatsoever, shall be guilty of amisdemeanor.

[1911 C&P 108; RL 6373; NCL 10057]

NRS 212.150 Communicationwith person charged or convicted of felony in county jail.

1. A person shall not visit, or in any mannercommunicate with, any prisoner convicted of or charged with any felony,imprisoned in the county jail, other than the officer having such prisoner incharge, his attorney or the district attorney, unless the person has a writtenpermission so to do, signed by the district attorney, or has the consent of theDirector of the Department of Corrections or the constable or sheriff havingsuch prisoner in charge.

2. Any person violating, aiding in, conniving at orparticipating in the violation of this section is guilty of a grossmisdemeanor.

[1911 C&P 552; RL 6817; NCL 10497](NRS A1967, 525; 1977, 869; 2001 Special Session,198)

NRS 212.160 Furnishingweapon, facsimile, intoxicant or controlled substance to state prisoner;possession of controlled substance by state prisoner.

1. A person, who is not authorized by law, whoknowingly furnishes, attempts to furnish, or aids or assists in furnishing orattempting to furnish to a prisoner confined in an institution of theDepartment of Corrections, or any other place where prisoners are authorized tobe or are assigned by the Director of the Department, any deadly weapon,explosive, a facsimile of a firearm or an explosive, any controlled substanceor intoxicating liquor, shall be punished:

(a) Where a deadly weapon, controlled substance,explosive or a facsimile of a firearm or explosive is involved, for a categoryB felony by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 6 years, and may be furtherpunished by a fine of not more than $5,000.

(b) Where an intoxicant is involved, for a grossmisdemeanor.

2. Knowingly leaving or causing to be left any deadlyweapon, explosive, facsimile of a firearm or explosive, controlled substance orintoxicating liquor where it may be obtained by any prisoner constitutes,within the meaning of this section, the furnishing of the article to theprisoner.

3. A prisoner confined in an institution of theDepartment of Corrections, or any other place where prisoners are authorized tobe or are assigned by the Director of the Department, who possesses acontrolled substance without lawful authorization is guilty of a category Dfelony and shall be punished as provided in NRS193.130.

[1:163:1949; 1943 NCL 11474.01](NRS A 1963, 520;1967, 525; 1971, 2026; 1977, 869; 1979, 1458; 1985, 596; 1987, 1548; 1995,1257; 2001 SpecialSession, 198)

NRS 212.170 Furnishingintoxicant to person lawfully confined in jail or detention facility.

1. Any person who sells, barters, exchanges or in anymanner disposes of any spirituous or malt liquor or beverage to any personconfined in any county or city jail or detention facility is guilty of a grossmisdemeanor.

2. This section does not apply to any physicianprescribing or furnishing liquor to any such person, when the liquor isprescribed or furnished for medicinal purposes only.

[Part 1911 C&P 220; RL 6485; NCL 10167](NRS A 1967, 526; 1989, 1177)

NRS 212.180 Saleof liquor within half mile of institution of Department of Correctionsunlawful; restriction on granting of new licenses. Itis unlawful for any person, unless he was licensed to sell alcoholic beveragesat that address before July 1, 1983, to sell by wholesale or retail anyalcoholic beverage within one-half mile of any institution under thejurisdiction of the Department of Corrections which is designed to house 125 ormore offenders within a secure perimeter, and no license may be grantedauthorizing the sale of any alcoholic beverage within one-half mile of such aninstitution.

[1911 C&P 239; RL 6504; NCL 10186](NRS A1979, 1458; 1983, 381; 2001 Special Session,199)

NRS 212.185 Possessionor control of dangerous weapon or facsimile by incarcerated person prohibited.

1. A person who is incarcerated in the state prison orany county or city jail or detention facility or other correctional facility inthis State, or is transferred for medical or psychiatric treatment at anotherinstitution, or is in transit to or from such facility, or is in the legalcustody of any correctional officer or employee, and who possesses or has inhis custody or control any:

(a) Instrument or weapon of the kind commonly known asa blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;

(b) Explosive substance, including fixed ammunition, orany incendiary or explosive device;

(c) Dirk, dagger, switchblade knife or sharpinstrument;

(d) Pistol, revolver or other firearm;

(e) Facsimile of a firearm or an explosive;

(f) Device capable of propelling a projectile withsufficient force to cause bodily harm, including, but not limited to, a pelletgun, slingshot, blowgun, crossbow or bow and arrow; or

(g) Other similar weapon, instrument or device,

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 than6 years.

2. For the purposes of this section, incarcerationbegins upon assignment to a cell or other place within the correctionalfacility after completion of the initial booking procedure.

(Added to NRS by 1977, 269; A 1985, 596; 1989, 1177;1995, 1257)

NRS 212.187 Voluntarysexual conduct between prisoner and another person; penalty.

1. A prisoner who is in lawful custody or confinement,other than in the custody of the Division of Parole and Probation of theDepartment of Public Safety pursuant to NRS209.4886 or 209.4888 or residentialconfinement, and who voluntarily engages in sexual conduct with another personis guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. A person who voluntarily engages in sexual conductwith a prisoner who is in lawful custody or confinement, other than in thecustody of the Division of Parole and Probation of the Department of PublicSafety pursuant to NRS 209.4886 or 209.4888 or residential confinement, isguilty of a category D felony and shall be punished as provided in NRS 193.130.

3. As used in this section, sexual conduct:

(a) Includes acts of masturbation, homosexuality,sexual intercourse or physical contact with another persons clothed orunclothed genitals or pubic area to arouse, appeal to or gratify the sexualdesires of a person.

(b) Does not include acts of a person who has custodyof a prisoner or an employee of the institution in which the prisoner isconfined that are performed to carry out the necessary duties of such a personor employee.

(Added to NRS by 1981, 613; A 1997, 1643; 1999, 2882; 2001, 1164, 1937; 2001 Special Session,157; 2003, 26, 29, 2581)

NRS 212.189 Unlawfulacts related to human excrement or bodily fluid; penalty; investigation;testing for communicable diseases; plea bargaining prohibited.

1. Except as otherwise provided in subsection 9, aprisoner who is in lawful custody or confinement, other than residentialconfinement, shall not knowingly:

(a) Store or stockpile any human excrement or bodilyfluid;

(b) Sell, supply or provide any human excrement orbodily fluid to any other person;

(c) Buy, receive or acquire any human excrement orbodily fluid from any other person; or

(d) Use, propel, discharge, spread or conceal, or causeto be used, propelled, discharged, spread or concealed, any human excrement orbodily fluid:

(1) With the intent to have the excrement orbodily fluid come into physical contact with any portion of the body of anofficer or employee of a prison or any other person, whether or not suchphysical contact actually occurs; or

(2) Under circumstances in which the excrementor bodily fluid is reasonably likely to come into physical contact with anyportion of the body of an officer or employee of a prison or any other person,whether or not such physical contact actually occurs.

2. Except as otherwise provided in subsection 3, if aprisoner violates any provision of subsection 1, the prisoner 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 10years, and may be further punished by a fine of not more than $10,000.

3. If a prisoner violates any provision of paragraph(d) of subsection 1 and, at the time of the offense, the prisoner knew that anyportion of the excrement or bodily fluid involved in the offense contained acommunicable disease that causes or is reasonably likely to cause substantialbodily harm, whether or not the communicable disease was transmitted to avictim as a result of the offense, the prisoner is guilty of a category Afelony and shall be punished by imprisonment in the state 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,

and may befurther punished by a fine of not more than $50,000.

4. A sentence imposed upon a prisoner pursuant tosubsection 2 or 3:

(a) Is not subject to suspension or the granting ofprobation; and

(b) Must run consecutively after the prisoner hasserved any sentences imposed upon him for the offense or offenses for which theprisoner was in lawful custody or confinement when he violated the provisionsof subsection 1.

5. In addition to any other penalty, the court shallorder a prisoner who violates any provision of paragraph (d) of subsection 1 toreimburse the appropriate person or governmental body for the cost of anyexaminations or testing:

(a) Conducted pursuant to paragraphs (a) and (b) ofsubsection 7; or

(b) Paid for pursuant to subparagraph (2) of paragraph(c) of subsection 7.

6. The warden, sheriff, administrator or other personresponsible for administering a prison shall immediately and fully investigateany act described in subsection 1 that is reported or suspected to have beencommitted in the prison.

7. If there is probable cause to believe that an actdescribed in paragraph (d) of subsection 1 has been committed in a prison:

(a) Each prisoner believed to have committed the act orto have been the bodily source of any portion of the excrement or bodily fluidinvolved in the act must submit to any appropriate examinations and testing todetermine whether each such prisoner has any communicable disease.

(b) If possible, a sample of the excrement or bodilyfluid involved in the act must be recovered and tested to determine whether anycommunicable disease is present in the excrement or bodily fluid.

(c) If the excrement or bodily fluid involved in theact came into physical contact with any portion of the body of an officer oremployee of a prison or any other person:

(1) The results of any examinations or testingconducted pursuant to paragraphs (a) and (b) must be provided to each suchofficer, employee or other person; and

(2) For each such officer or employee, theperson or governmental body operating the prison where the act was committedshall pay for any appropriate examinations and testing requested by the officeror employee to determine whether a communicable disease was transmitted to himas a result of the act.

(d) The results of the investigation conducted pursuantto subsection 6 and the results of any examinations or testing conductedpursuant to paragraphs (a) and (b) must be submitted to the district attorneyof the county in which the act was committed or to the Office of the AttorneyGeneral for possible prosecution of each prisoner who committed the act.

8. If a prisoner is charged with committing an actdescribed in paragraph (d) of subsection 1 and a victim or an intended victimof the act was an officer or employee of a prison, the prosecuting attorneyshall not dismiss the charge in exchange for a plea of guilty or nolocontendere to a lesser charge or for any other reason unless the prosecutingattorney knows or it is obvious that the charge is not supported by probablecause or cannot be proved at the time of trial.

9. The provisions of this section do not apply to aprisoner who commits an act described in subsection 1 if the act:

(a) Is otherwise lawful and is authorized by thewarden, sheriff, administrator or other person responsible for administeringthe prison, or his designee, and the prisoner performs the act in accordancewith the directions or instructions given to him by that person;

(b) Involves the discharge of human excrement or bodilyfluid directly from the body of the prisoner and the discharge is the directresult of a temporary or permanent injury, disease or medical conditionafflicting the prisoner that prevents the prisoner from having physical controlover the discharge of his own excrement or bodily fluid; or

(c) Constitutes voluntary sexual conduct with anotherperson in violation of the provisions of NRS212.187.

(Added to NRS by 1999, 2676; A 2003, 1485)

DAMAGE TO PRISONS AND JAILS

NRS 212.190 Penalty. If any person shall, willfully and intentionally, breakdown, pull down, or otherwise destroy or injure, in whole or in part, anypublic jail or other place of confinement, every person so offending is guiltyof a public offense proportionate to the value of the loss resulting therefrom,and in no event less than a gross misdemeanor.

[1911 C&P 493; RL 6758; NCL 10440](NRS A1967, 526)

ELECTRONIC SUPERVISION

NRS 212.220 Penaltiesfor absence without authorization or tampering with electronic device;restitution.

1. Except as otherwise provided in NRS 213.400, a person who has been arrestedfor, charged with or convicted of a felony or a gross misdemeanor, who is beingsupervised electronically pursuant to such an arrest, charge or conviction andwho:

(a) Is absent or attempts to be absent from hisresidence, employment or other activity authorized by the supervising agencywithout authorization; or

(b) Removes or disables or attempts to remove ordisable the electronic device used to supervise the person,

is guilty ofa gross misdemeanor.

2. A person who has been arrested for, charged with orconvicted of a misdemeanor, who is supervised electronically pursuant to suchan arrest, charge or conviction and who:

(a) Is absent or attempts to be absent from hisresidence, employment or other activity authorized by the supervising agencywithout authorization; or

(b) Removes or disables or attempts to remove ordisable the electronic device used to supervise the person,

is guilty ofa misdemeanor.

3. In addition to any other penalty, the court shallorder the person to pay restitution for any damage to or loss of the electronicdevice used to supervise the person.

4. A sentence imposed pursuant to this section mustrun consecutively with the sentence imposed for the original offense.

(Added to NRS by 1997, 1225)