USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 197 - CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THIS STATE
A
person who gives, offers or promises, directly or indirectly, any
compensation, gratuity or reward to any executive or administrative
officer of the State, with the intent to influence him with respect to
any act, decision, vote, opinion or other proceeding, as such officer, is
guilty of a category C felony and shall be punished as provided in NRS
193.130 .
[Part 1911 C&P § 46; RL § 6311; NCL § 9995]—(NRS A 1967, 460; 1979,
1417; 1995, 1170)
A person who gives,
offers or promises, directly or indirectly, any compensation, gratuity or
reward to a person executing any of the functions of a public officer
other than as specified in NRS 197.010 ,
199.010 and 218.590 , with the intent to influence him with respect
to any act, decision, vote or other proceeding in the exercise of his
powers or functions, is guilty of a category C felony and shall be
punished as provided in NRS 193.130 .
[Part 1911 C&P § 46; RL § 6311; NCL § 9995]—(NRS A 1967, 460; 1979,
1417; 1995, 1170)
An executive or administrative officer or person
elected or appointed to an executive or administrative office who asks or
receives, directly or indirectly, any compensation, gratuity or reward,
or any promise thereof, upon an agreement or understanding that his vote,
opinion or action upon any matter then pending, or which may by law be
brought before him in his official capacity, will be influenced thereby,
is guilty of a category C felony and shall be punished as provided in NRS
193.130 .
[Part 1911 C&P § 47; RL § 6312; NCL § 9996]—(NRS A 1967, 460; 1979,
1418; 1995, 1170)
A person who executes any of the functions of a public office
not specified in NRS 197.030 , 199.020
or 218.600 , and a person employed by or acting for the
State or for any public officer in the business of the State, who asks or
receives, directly or indirectly, any compensation, gratuity or reward,
or any promise thereof, upon an agreement or understanding that his vote,
opinion, judgment, action, decision or other official proceeding will be
influenced thereby, or that he will do or omit any act or proceeding or
in any way neglect or violate any official duty, is guilty of a category
C felony and shall be punished as provided in NRS 193.130 .
[Part 1911 C&P § 47; RL § 6312; NCL § 9996]—(NRS A 1967, 460; 1979,
1418; 1995, 1171)
1. It is unlawful for any state, county or municipal officer to
offer or agree to appoint, or for any person whatever to offer to
procure, or to offer to aid in procuring, the appointment of any deputy
officer or attache of the state, county or municipal government of this
state, for any consideration contemplating any division or rebate of the
salary of the deputy or attache during his term of office, or for any
monetary or other valuable consideration whatsoever, or, after such an
appointment is made, to receive or to accept any portion of the salary of
the deputy or attache, or to receive any money or other valuable reward
whatsoever, as a consideration for retaining the deputy or attache, or as
a consideration for procuring, or for aid in obtaining the procuring of,
the retention of the deputy or attache in any position to which he may be
or has been appointed, or for any purpose whatsoever except in payment of
a bona fide debt as provided in NRS 197.070 .
2. A person who violates any of the provisions of subsection 1
commits bribery which is a category D felony and shall be punished as
provided in NRS 193.130 .
[1911 C&P § 48; RL § 6313; NCL § 9997] + [Part 1911 C&P § 51; RL §
6316; NCL § 10000]—(NRS A 1967, 461; 1995, 1171)
1. It is unlawful for any deputy officer or attache of the state,
county or municipal government of this state to rebate, refund, pay or
divide, to or with his principal or to or with any person whatever, any
part or portion of his salary or compensation now fixed, or that may
hereafter be fixed or established, by law, as a consideration either for
the making or for the procuring of such an appointment, or for aid in
procuring the same, or for the retention, or for the procuring or aid in
procuring the retention, of such an appointment as deputy or attache, or
to make any division or payment out of his salary to this end, except in
payment of a bona fide debt as provided in NRS 197.070 .
2. A person who violates any of the provisions of subsection 1
commits bribery which is a category D felony and shall be punished as
provided in NRS 193.130 .
[1911 C&P § 49; RL § 6314; NCL § 9998] + [Part 1911 C&P § 51; RL §
6316; NCL § 10000]—(NRS A 1967, 461; 1995, 1171)
Nothing in NRS 197.050 and 197.060
shall be construed to relieve any
deputy officer or attache from the payment of a bona fide debt,
contracted for value received, for which a civil action would lie in a
court of law, or to prevent such deputy officer or attache from paying
the same out of his salary.
[1911 C&P § 50; RL § 6315; NCL § 9999]
Every person who
shall give, offer or promise, directly or indirectly, any compensation,
gratuity or reward, in consideration that he or another person shall be
appointed to a public office or to a clerkship, deputation or other
subordinate position in such office, or that he or any other person shall
be permitted to exercise, perform or discharge any prerogative or duty or
receive any emolument of such office, shall be guilty of a gross
misdemeanor.
[1911 C&P § 52; RL § 6317; NCL § 10001]
Except under
circumstances where a greater penalty is provided in NRS 200.481 , any person who, by means of any threat, force
or violence, attempts to deter or prevent any executive or administrative
officer from performing any duty imposed upon him by law, or who
knowingly resists by force or violence any executive or administrative
officer in the performance of his duty, is guilty of a gross misdemeanor.
[1911 C&P § 64; RL § 6329; NCL § 10013]—(NRS A 1981, 11)
1. Every person who shall ask or receive any compensation,
gratuity or reward, or any promise thereof:
(a) Upon the representation that he can, directly or indirectly, or
in consideration that he shall, or shall attempt to, directly or
indirectly, influence any public officer, whether executive,
administrative, judicial or legislative, to refuse, neglect, or defer the
performance of any official duty;
(b) The right to retain or receive which shall be conditioned that
such person shall, directly or indirectly, successfully influence by any
means whatever any executive, administrative or legislative officer, in
respect to any act, decision, vote, opinion or other proceeding, as such
officer; or
(c) Upon the representation that he can, directly or indirectly, or
in consideration that he shall, or shall attempt to, directly or
indirectly, influence any public officer, whether executive,
administrative, judicial or legislative, in respect to any act, decision,
vote, opinion or other proceeding, as such officer, unless it be clearly
understood and agreed in good faith between the parties thereto, on both
sides, that no means or influence shall be employed except explanation
and argument upon the merits,
Ê shall be guilty of a gross misdemeanor.
2. In any prosecution under paragraph (c) of subsection 1,
evidence of the means actually employed to influence such officer shall
be admitted as proof of the means originally contemplated by the
defendant.
[1911 C&P § 65; RL § 6330; NCL § 10014]
Every public officer
who:
1. Asks or receives, directly or indirectly, any compensation,
gratuity or reward, or promise thereof, for omitting or deferring the
performance of any official duty or for any official service which has
not been actually rendered, except in case of charges for prospective
costs or fees demandable in advance in a case allowed by law; or
2. Employs or uses any person, money or property under his
official control or direction, or in his official custody, for the
private benefit or gain of himself or another,
Ê is guilty of a category E felony and shall be punished as provided in
NRS 193.130 .
[1911 C&P § 66; RL § 6331; NCL § 10015]—(NRS A 1987, 1461; 1999,
2747 )
Every person who shall falsely
personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or
appointed, or who shall willfully exercise any of the functions or
perform any of the duties of such officer, without having duly qualified
therefor, as required by law, or who, having been an executive or
administrative officer, shall willfully exercise any of the functions of
his office after his right to do so has ceased, or wrongfully refuse to
surrender the official seal or any books or papers appertaining to such
office, upon the demand of his lawful successor, shall be guilty of a
gross misdemeanor.
[1911 C&P § 67; RL § 6332; NCL § 10016]
Every public officer
who shall knowingly make any false or misleading statement in any
official report or statement, under circumstances not otherwise
prohibited by law, shall be guilty of a gross misdemeanor.
[1911 C&P § 84; RL § 6349; NCL § 10033]
Every public
officer who, being authorized by law to make or give a certificate or
other writing, shall knowingly make and deliver as true such a
certificate or writing containing any statement which he knows to be
false, in a case where the punishment thereof is not expressly prescribed
by law, shall be guilty of a gross misdemeanor.
[1911 C&P § 110; RL § 6375; NCL § 10059]
A public officer,
or person holding or discharging the duties of any public office or place
of trust under the State or in any county, town or city, a part of whose
duty it is to audit, allow or pay, or take part in auditing, allowing or
paying claims or demands upon the State or a county, town or city, who
knowingly audits, allows or pays, or directly or indirectly consents to
or in any way connives in the audit, allowance or payment of any claim or
demand against the State, county, town or city, which is false or
fraudulent or contains any charge, item or claim which is false or
fraudulent, shall be punished:
1. Where the amount of the false or fraudulent charge, claim, item
or demand is $250 or more, for a category D felony as provided in NRS
193.130 . In addition to any other
penalty, the court shall order the person to pay restitution.
2. Where the amount of the fraudulent charge, claim, item or
demand is less than $250, for a misdemeanor.
[1911 C&P § 111; RL § 6376; NCL § 10060]—(NRS A 1967, 461; 1979,
1418; 1989, 1430; 1989, 1430; 1995, 1172)
Every person who, with the intent to defraud, shall knowingly present
for audit, allowance or payment to any officer or board of the State or
of any county, city, town, school or other district authorized to audit,
allow or pay bills, claims or charges, any false or fraudulent claim,
account, writing or voucher or any bill, account or demand containing
false or fraudulent charges, items or claims, shall be guilty of a gross
misdemeanor.
[1911 C&P § 450; RL § 6715; NCL § 10403]—(NRS A 1965, 361)
A public
officer or employee who:
1. Asks, receives or agrees to receive a fee or other compensation
for his official service or his employment either:
(a) In excess of the fee or compensation allowed to him by statute
therefor; or
(b) Where a fee or compensation is not allowed to him by statute
therefor; or
2. Requests money, property or anything of value which is not
authorized by law, from any person regulated by the public officer or
employee, and in a manner which would cause a reasonable person to be
intimidated into complying with the request to avoid the risk of adverse
action by the public officer or employee,
Ê commits extortion which is a category D felony and shall be punished as
provided in NRS 193.130 . In addition to
any other penalty, the court shall order the person to pay restitution.
[1911 C&P § 473; RL § 6738; NCL § 10422]—(NRS A 1967, 462; 1979,
1418; 1995, 1172; 1999, 2747 )
Any person who
willfully takes upon himself to exercise or officiate in any office or
place of another, without being lawfully authorized thereto, is guilty of
a gross misdemeanor.
[1911 C&P § 539; RL § 6804; NCL § 10485]—(NRS A 1967, 462)
Every person who, after
due notice, shall refuse or neglect to make or furnish any statement,
report or information lawfully required of him by any public officer, or
who, in such statement, report or information shall make any willfully
untrue, misleading or exaggerated statement, or who shall willfully
hinder, delay or obstruct any public officer in the discharge of his
official powers or duties, shall, where no other provision of law
applies, be guilty of a misdemeanor.
[1911 C&P § 540; RL § 6805; NCL § 10486]
1. An officer, or a person pretending to be an officer, who
unlawfully and maliciously, under pretense or color of official authority:
(a) Arrests another or detains him against his will;
(b) Seizes or levies upon another’s property;
(c) Dispossesses another of any lands or tenements; or
(d) Does any act whereby another person is injured in his person,
property or rights,
Ê commits oppression.
2. An officer or person committing oppression shall be punished:
(a) Where physical force or the immediate threat of physical force
is used, for a category D felony as provided in NRS 193.130 .
(b) Where no physical force or immediate threat of physical force
is used, for a gross misdemeanor.
[1911 C&P § 541; RL § 6806; NCL § 10487]—(NRS A 1967, 462; 1995,
1172)
An officer who
fraudulently appropriates to his own use or to the use of another person,
or secretes with the intent to appropriate to such a use, any money,
evidence of debt or other property entrusted to him by virtue of his
office, shall be punished:
1. Where the amount of the money or the actual value of the
property fraudulently appropriated or secreted with the intent to
appropriate is $250 or more, for a category D felony as provided in NRS
193.130 . In addition to any other
penalty, the court shall order the person to pay restitution.
2. Where the amount of the money or the actual value of the
property fraudulently appropriated or secreted with the intent to
appropriate is less than $250, for a misdemeanor.
[Part 1911 C&P § 80; RL § 6345; NCL § 10029]—(NRS A 1967, 462;
1979, 1419; 1989, 1431; 1995, 1173)
Every public officer or
other person who shall willfully disobey any provision of law regulating
his official conduct in cases for which no other punishment is provided
shall be guilty of a misdemeanor.
[1911 C&P § 563; RL § 6828; NCL § 10508]
The
conviction of a public officer of any felony or malfeasance in office
shall entail, in addition to such other penalty as may be imposed, the
forfeiture of his office, and shall disqualify him from ever afterward
holding any public office in this State.
[1911 C&P § 22; RL § 6287; NCL § 9971]
