USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 199 - CRIMES AGAINST PUBLIC JUSTICE
A person who gives,
offers or promises, directly or indirectly, any compensation, gratuity or
reward to a judicial officer, juror, referee, arbitrator, appraiser,
assessor or other person authorized by law to hear or determine any
question, matter, cause, proceeding or controversy, with the intent to
influence his action, vote, opinion or decision thereupon, is guilty of a
category C felony and shall be punished as provided in NRS 193.130 .
[Part 1911 C&P § 46; RL § 6311; NCL § 9995]—(NRS A 1967, 463; 1979,
1419; 1995, 1173)
A
judicial officer 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, 463; 1979,
1419; 1995, 1173)
A juror, referee,
arbitrator, appraiser, assessor or other person authorized by law to hear
or determine any question, matter, cause, controversy or proceeding, 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, action, judgment or decision will be influenced
thereby, is guilty of a category C felony and shall be punished as
provided in NRS 193.130 .
[1911 C&P § 55; RL § 6320; NCL § 10004]—(NRS A 1967, 463; 1979,
1419; 1995, 1173)
Every person who shall influence, or attempt to influence,
improperly, in their respective capacities as such, a juror or any person
drawn or summoned as a prospective juror in a civil or criminal action or
any proceeding, or any person chosen or appointed as an arbitrator or
referee, in respect to his verdict, judgment, report, award or decision
in any cause or matter pending or about to be brought before him, or
which may prospectively be brought before him, in any case or in any
manner not provided for by law, shall be guilty of a gross misdemeanor.
[1911 C&P § 58; RL § 6323; NCL § 10007]—(NRS A 1965, 621)
Every juror and every person chosen
or appointed arbitrator or referee who shall make any promise or
agreement to give a verdict, judgment, report, award or decision for or
against any party, or who shall willfully receive any communication,
book, paper, instrument or information relating to a cause or matter
pending before him, except according to the regular course of proceeding
upon the trial or hearing of such cause or matter, shall be guilty of a
gross misdemeanor.
[1911 C&P § 59; RL § 6324; NCL § 10008]
Every person
charged by law with the preparation of any jury list or list of names
from which any jury is to be drawn, and every person authorized by law to
assist at the drawing of a grand or petit jury to attend a court or to
try any cause or issue, who shall:
1. Place in any such list any name at the request or solicitation,
direct or indirect, of any person;
2. Designedly put upon the list of jurors, as having been drawn,
any name which was not lawfully drawn for that purpose;
3. Designedly omit to place upon such list any name which was
lawfully drawn;
4. Designedly sign or certify a list of such jurors as having been
drawn which were not lawfully drawn;
5. Designedly and wrongfully withdraw from the box or other
receptacle for the ballots containing the names of such jurors any paper
or ballot lawfully placed or belonging there and containing the name of a
juror, or omit to place therein any name lawfully drawn or designated or
place therein a paper or ballot containing the name of a person not
lawfully drawn and designated as a juror; or
6. In drawing or impaneling such jury, do any act which is unfair,
partial or improper in any respect,
Ê shall be guilty of a gross misdemeanor.
[1911 C&P § 60; RL § 6325; NCL § 10009]—(NRS A 1967, 463)
Every person who shall,
directly or indirectly, solicit or request any person charged with the
duty of preparing any jury list to put his name, or the name of any other
person, on any such list shall be guilty of a gross misdemeanor.
[1911 C&P § 61; RL § 6326; NCL § 10010]
Every person
to whose charge a jury shall be committed by a court or magistrate, who
shall knowingly, without leave of such court or magistrate, permit them
or any one of them to receive any communication from any person, to make
any communication to any person, to obtain or receive any book, paper or
refreshment, or to leave the jury room, shall be guilty of a gross
misdemeanor.
[1911 C&P § 62; RL § 6327; NCL § 10011]
Every person offending against
any of the provisions of law relating to bribery or corruption shall be a
competent witness against another so offending and shall not be excused
from giving testimony tending to criminate himself, but such testimony
shall not afterward be used against him in any judicial proceeding,
except for perjury in giving such testimony.
[1911 C&P § 63; RL § 6328; NCL § 10012]
RESCUES
1. A person who, by force or fraud, rescues from lawful custody,
or from an officer or person having him in lawful custody, a prisoner
held upon a charge, arrest, commitment, conviction or sentence for felony
is guilty of a category C felony and shall be punished as provided in NRS
193.130 .
2. A person who rescues a prisoner held upon a charge, arrest,
commitment, conviction or sentence for a gross misdemeanor or misdemeanor
shall be punished:
(a) Where a dangerous weapon is used in the course of the rescue,
for a category B felony by imprisonment in the state prison for a minimum
term of not less than 1 year and a maximum term of not more than 6 years,
and may be further punished by a fine of not more than $5,000.
(b) Where no dangerous weapon is so used, for a misdemeanor.
[1911 C&P § 71; RL § 6336; NCL § 10020]—(NRS A 1967, 464; 1979,
1420; 1995, 1174)
Every person
who shall take from the custody of any officer or other person any
personal property in his charge under any process of law, or who shall
willfully injure or destroy such property, shall be guilty of a gross
misdemeanor.
[1911 C&P § 72; RL § 6337; NCL § 10021]—(NRS A 1967, 464)
PERJURY AND SUBORNATION OF PERJURY
A person, having taken a
lawful oath or made affirmation in a judicial proceeding or in any other
matter where, by law, an oath or affirmation is required and no other
penalty is prescribed, who:
1. Willfully makes an unqualified statement of that which he does
not know to be true;
2. Swears or affirms willfully and falsely in a matter material to
the issue or point in question;
3. Suborns any other person to make such an unqualified statement
or to swear or affirm in such a manner;
4. Executes an affidavit pursuant to NRS 15.010 which contains a false statement, or suborns
any other person to do so; or
5. Executes an affidavit or other instrument which contains a
false statement before a person authorized to administer oaths or suborns
any other person to do so,
Ê is guilty of perjury or subornation of perjury, as the case may be,
which is a category D felony and shall be punished as provided in NRS
193.130 .
[1911 C&P § 85; A 1949, 111; 1943 NCL § 10034]—(NRS A 1967, 464;
1977, 640; 1979, 1420; 1985, 129, 788; 1987, 654; 1995, 1174)
1. The term “oath” shall include an affirmation and every other
mode authorized by law of attesting the truth of that which is stated.
2. A person who shall state any matter under oath shall be deemed
to “swear” thereto.
[1911 C&P § 88; RL § 6353; NCL § 10037]—(Substituted in revision
for NRS 199.170)
1. A person who makes, executes or signs or causes to be made,
executed or signed, any false or fictitious affidavit, complaint,
deposition, or other instrument in writing before any officer or person
authorized to administer oaths, for the purpose or with the intent of
securing a warrant for the arrest of any other person, or for the purpose
of securing a warrant for the searching of the premises, goods, chattels
or effects, or of seizing the goods, chattels or effects, or of seizing
anything in the possession of any other person, is guilty of perjury
which is a category D felony.
2. A person who commits any of the acts or offenses defined or set
out in subsection 1 shall be punished as provided in NRS 193.130 .
[1:10:1925; NCL § 10526] + [3:10:1925; NCL § 10528]—(NRS A 1967,
464; 1979, 1420; 1995, 1174)
1. A person who makes, executes or signs, or causes to be made,
executed or signed, any affidavit, complaint or other instrument, in
writing, before any United States officer or person, or before any state
officer or person, authorized to administer oaths, for the purpose or
with the intent of securing a warrant for the arrest of any other person,
or for the purpose of securing a warrant for the searching of the
premises, goods, chattels or effects, or of seizing the goods, chattels
or effects, or of seizing anything in the possession of any other person,
and signs the same by any other name than his or her true name, is guilty
of perjury which is a category D felony.
2. A person who commits any of the acts or offenses defined or set
out in subsection 1 shall be punished as provided in NRS 193.130 .
[2:10:1925; NCL § 10527] + [3:10:1925; NCL § 10528]—(NRS A 1967,
465; 1979, 1420; 1995, 1175)
A person who, in a declaration made under penalty of perjury:
1. Makes a willful and false statement in a matter material to the
issue or point in question; or
2. Willfully makes an unqualified statement of that which he does
not know to be true,
Ê or who suborns another to make in such a declaration a statement of the
kind described in subsection 1 or 2, is guilty of perjury or subornation
of perjury, as the case may be, which is a category D felony and shall be
punished as provided in NRS 193.130 .
(Added to NRS by 1993, 2742; A 1995, 1175)
Every person who, without
giving, offering or promising a bribe, shall incite or attempt to procure
another to commit perjury, or to offer any false evidence, or to withhold
true testimony, though no perjury be committed or false evidence offered
or true testimony withheld, shall be guilty of a gross misdemeanor.
[1911 C&P § 86; RL § 6351; NCL § 10035]
A person who, by willful and corrupt perjury or
subornation of perjury, procures the conviction and execution of any
innocent person is guilty of murder which is a category A felony and,
upon conviction thereof, shall be punished by imprisonment in the state
prison:
1. For life without the possibility of parole;
2. For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 20 years has been served; or
3. For a definite term of 50 years, with eligibility for parole
beginning when a minimum of 20 years has been served.
[1911 C&P § 87; RL § 6352; NCL § 10036]—(NRS A 1961, 66; 1973,
1803; 1995, 1175)
It shall be no defense to a prosecution for perjury
that an oath was administered or taken in an irregular manner or that the
defendant was not competent to give the testimony, deposition,
certificate or affidavit of which falsehood is alleged. It shall be
sufficient that he actually gave such testimony or made such deposition,
certificate or affidavit.
[1911 C&P § 89; RL § 6354; NCL § 10038]
The making of
a deposition, certificate or affidavit shall be deemed to be complete
when it is subscribed and sworn to or affirmed by the defendant with
intent that it be uttered or published as true.
[1911 C&P § 90; RL § 6355; NCL § 10039]
Every
unqualified statement of that which one does not know to be true is
equivalent to a statement of that which he knows to be false.
[1911 C&P § 91; RL § 6356; NCL § 10040]
FALSIFYING EVIDENCE
A person who, upon any
trial, hearing, inquiry, investigation or other proceeding authorized by
law, offers or procures to be offered in evidence, as genuine, any book,
paper, document, record or other instrument in writing, knowing the same
to have been forged or fraudulently altered, is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
[1911 C&P § 92; RL § 6357; NCL § 10041]—(NRS A 1971, 150; 1979,
1421; 1995, 1175)
Every person who, with intent to
conceal the commission of any felony, or to protect or conceal the
identity of any person committing the same, or with intent to delay or
hinder the administration of the law or to prevent the production thereof
at any time, in any court or before any officer, tribunal, judge or
magistrate, shall willfully destroy, alter, erase, obliterate or conceal
any book, paper, record, writing, instrument or thing shall be guilty of
a gross misdemeanor.
[1911 C&P § 93; RL § 6358; NCL § 10042]
A person who, by persuasion, force, threat,
intimidation, deception or otherwise, and with the intent to obstruct the
course of justice, prevents or attempts to prevent another person from
appearing before any court, or person authorized to subpoena witnesses,
as a witness in any action, investigation or other official proceeding,
or causes or induces another person to absent himself from such a
proceeding or evade the process which requires him to appear as a witness
to testify or produce a record, document or other object, shall be
punished:
1. Where physical force or the immediate threat of physical force
is used, for a category D felony as provided in NRS 193.130 .
2. Where no physical force or immediate threat of physical force
is used, for a gross misdemeanor.
[1911 C&P § 94; RL § 6359; NCL § 10043]—(NRS A 1967, 465; 1979,
1421; 1983, 1683; 1995, 1175)
A person who:
1. Gives, offers or promises directly or indirectly any
compensation, gratuity or reward to any witness or person who may be
called as a witness in an official proceeding, upon an agreement or
understanding that his testimony will be thereby influenced; or
2. Uses any force, threat, intimidation or deception with the
intent to:
(a) Influence the testimony of any witness or person who may be
called as a witness in an official proceeding;
(b) Cause or induce him to give false testimony or to withhold true
testimony; or
(c) Cause or induce him to withhold a record, document or other
object from the proceeding,
Ê is guilty of a category C felony and shall be punished as provided in
NRS 193.130 , and may be further
punished by a fine of not more than $50,000.
[1911 C&P § 56; RL § 6321; NCL § 10005]—(NRS A 1967, 465; 1979,
1421; 1983, 1683; 1995, 1176)
It is not a defense to a prosecution under NRS
199.230 or 199.240 to show that:
1. An official proceeding was not pending or about to be
instituted; or
2. The testimony sought or the record, document or other object to
have been produced would have been legally privileged or inadmissible in
evidence.
(Added to NRS by 1983, 1682; A 1985, 247)
A person who is or may be a
witness upon a trial, hearing, investigation or other proceeding before
any court, tribunal or person authorized to hear evidence or take
testimony, who asks or receives, directly or indirectly, any
compensation, gratuity or reward, or any promise thereof, upon an
agreement or understanding that his testimony will be influenced thereby,
or that he will absent himself from the trial, hearing or other
proceeding, is guilty of a category C felony and shall be punished as
provided in NRS 193.130 .
[1911 C&P § 57; RL § 6322; NCL § 10006]—(NRS A 1967, 465; 1979,
1421; 1995, 1176)
OTHER OFFENSES
Every officer who, in violation of any legal duty, shall willfully
neglect or refuse to receive a person into his official custody or into a
prison under his charge shall, in a case where no other punishment is
specially provided by law, be guilty of a gross misdemeanor.
[1911 C&P § 95; RL § 6360; NCL § 10044]
Every
person who, after having been lawfully commanded by any magistrate to
arrest another person, shall willfully neglect or refuse so to do, and
every person who, after having been lawfully commanded to aid an officer
in arresting any person, or in retaking any person who has escaped from
lawful custody, or in executing any lawful process, shall willfully
neglect or refuse to aid such officer shall be guilty of a misdemeanor.
[1911 C&P § 96; RL § 6361; NCL § 10045]
A person who, in any case
or under any circumstances not otherwise specially provided for,
willfully resists, delays or obstructs a public officer in discharging or
attempting to discharge any legal duty of his office shall be punished:
1. Where a dangerous weapon is used in the course of such
resistance, obstruction or delay, for a category D felony as provided in
NRS 193.130 .
2. Where no dangerous weapon is used in the course of such
resistance, obstruction or delay, for a misdemeanor.
[1911 C&P § 97; RL § 6362; NCL § 10046]—(NRS A 1967, 466; 1979,
1422; 1995, 1176)
1. A person who asks or receives, directly or indirectly, any
compensation, gratuity or reward, or any promise thereof, upon an
agreement or understanding that he will compound or conceal a crime or
violation of a statute, or abstain from testifying thereto, delay a
prosecution therefor or withhold any evidence thereof, except in a case
where a compromise is allowed by law, shall be punished:
(a) For a category D felony as provided in NRS 193.130 .
(b) For a gross misdemeanor, where the agreement or understanding
relates to a gross misdemeanor or misdemeanor, or to a violation of
statute for which a pecuniary penalty or forfeiture is prescribed.
2. In any proceeding against a person for compounding a crime, it
is not necessary to prove that any person has been convicted of the crime
or violation of statute in relation to which an agreement or
understanding herein prohibited was made.
[1911 C&P § 98; RL § 6363; NCL § 10047]—(NRS A 1967, 466; 1979,
1422; 1995, 1177)
1. A person shall not, directly or indirectly, address any threat
or intimidation to a public officer, public employee, juror, referee,
arbitrator, appraiser, assessor or any person authorized by law to hear
or determine any controversy or matter, with the intent to induce him,
contrary to his duty to do, make, omit or delay any act, decision or
determination, if the threat or intimidation communicates the intent,
either immediately or in the future:
(a) To cause bodily injury to any person;
(b) To cause physical damage to the property of any person other
than the person addressing the threat or intimidation;
(c) To subject any person other than the person addressing the
threat or intimidation to physical confinement or restraint; or
(d) To do any other act which is not otherwise authorized by law
and is intended to harm substantially any person other than the person
addressing the threat or intimidation with respect to his health, safety,
business, financial condition or personal relationships.
2. The provisions of this section must not be construed as
prohibiting a person from making any statement in good faith of an
intention to report any misconduct or malfeasance by a public officer or
employee.
3. A person who violates subsection 1 is guilty of:
(a) If physical force or the immediate threat of physical force is
used in the course of the intimidation or in the making of the threat:
(1) For a first offense, a category C felony and shall be
punished as provided in NRS 193.130 .
(2) For a second or subsequent offense, a category B felony
and shall be punished by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than 10
years, and may be further punished by a fine of not more than $10,000.
(b) If no physical force or immediate threat of physical force is
used in the course of the intimidation or in the making of the threat, a
gross misdemeanor.
4. As used in this section, “public employee” means any person who
performs public duties for compensation paid by the State, a county,
city, local government or other political subdivision of the State or an
agency thereof, including, without limitation, a person who performs a
service for compensation pursuant to a contract with the State, county,
city, local government or other political subdivision of the State or an
agency thereof.
[1911 C&P § 99; RL § 6364; NCL § 10048]—(NRS A 1967, 466; 1979,
1422; 1993, 930; 1995, 1177; 1997, 433; 2005, 925 )
1. A person who, by intimidating or threatening another person,
prevents or dissuades a victim of a crime, a person acting on his behalf
or a witness from:
(a) Reporting a crime or possible crime to a:
(1) Judge;
(2) Peace officer;
(3) Parole or probation officer;
(4) Prosecuting attorney;
(5) Warden or other employee at an institution of the
Department of Corrections; or
(6) Superintendent or other employee at a juvenile
correctional institution;
(b) Commencing a criminal prosecution or a proceeding for the
revocation of a parole or probation, or seeking or assisting in such a
prosecution or proceeding; or
(c) Causing the arrest of a person in connection with a crime,
Ê or who hinders or delays such a victim, agent or witness in his effort
to carry out any of those actions is guilty of a category D felony and
shall be punished as provided in NRS 193.130 .
2. As used in this section, “victim of a crime” means a person
against whom a crime has been committed.
(Added to NRS by 1983, 1682; A 1995, 1177; 2001 Special Session,
228 )
A person who maliciously and
without probable cause therefor, causes or attempts to cause another to
be arrested or proceeded against for any crime of which he is innocent:
1. If the crime is a felony, is guilty of a category D felony and
shall be punished as provided in NRS 193.130 ; and
2. If the crime is a gross misdemeanor or misdemeanor, is guilty
of a misdemeanor.
[1911 C&P § 100; RL § 6365; NCL § 10049]—(NRS A 1967, 466; 1979,
1423; 1995, 1178)
Every person who shall on his
behalf bring or instigate, incite or encourage another to bring, any
false suit at law or in equity, in any court of this State, with intent
thereby to distress or harass a defendant therein, shall be guilty of a
misdemeanor.
[1911 C&P § 101; RL § 6366; NCL § 10050]
Repealed. (See chapter 262, Statutes
of Nevada 2005, at page 939 .)
Every justice of the peace or constable who shall, directly or
indirectly, buy or be interested in buying anything in action for the
purpose of commencing a suit thereon before a justice of the peace, or
who shall give or promise any valuable consideration to any person as an
inducement to bring, or as a consideration for having brought, a suit
before a justice of the peace, shall be guilty of a misdemeanor.
[1911 C&P § 102; RL § 6367; NCL § 10051]
1. If a person:
(a) Is admitted to bail, whether provided by deposit or surety, or
released without bail;
(b) Is not recommitted to custody; and
(c) Fails to appear at the time and place required by the order
admitting him to bail or releasing him without bail, or any modification
thereof,
Ê the person is guilty of failing to appear and shall be punished
pursuant to the provisions of this section, unless the person surrenders
himself not later than 30 days after the date on which the person was
required to appear.
2. If a person who fails to appear in violation of subsection 1
was admitted to bail or released without bail incident to prosecution for:
(a) One or more felonies, the person is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
(b) One or more gross misdemeanors but no felonies, the person is
guilty of:
(1) A gross misdemeanor; or
(2) If the person left this State with the intent to avoid
prosecution, a category D felony and shall be punished as provided in NRS
193.130 .
(c) One or more misdemeanors but no felonies or gross misdemeanors,
the person is guilty of:
(1) A misdemeanor; or
(2) If the person left this State with the intent to avoid
prosecution, a category D felony and shall be punished as provided in NRS
193.130 .
(Added to NRS by 1967, 1470; A 1979, 1423; 1995, 1178; 1999, 1848
)
Every person who shall commit a
contempt of court of any one of the following kinds shall be guilty of a
misdemeanor:
1. Disorderly, contemptuous or insolent behavior committed during
the sitting of the court, in its immediate view and presence, and
directly tending to interrupt its proceedings or to impair the respect
due to its authority;
2. Behavior of like character in the presence of a referee, while
actually engaged in a trial or hearing pursuant to an order of court, or
in the presence of a jury while actually sitting in the trial of a cause
or upon an inquest or other proceeding authorized by law;
3. Breach of the peace, noise or other disturbance directly
tending to interrupt the proceedings of a court, jury or referee;
4. Willful disobedience to the lawful process or mandate of a
court;
5. Resistance, willfully offered, to its lawful process or mandate;
6. Contumacious and unlawful refusal to be sworn as a witness or,
after being sworn, to answer any legal and proper interrogatory;
7. Publication of a false or grossly inaccurate report of its
proceedings; or
8. Assuming to be an attorney or officer of a court or acting as
such without authority.
[1911 C&P § 103; RL § 6368; NCL § 10052]
Every
grand juror who, with knowledge that a challenge interposed against him
by a defendant has been allowed, shall be present at, or take part, or
attempt to take part, in the consideration of the charge against the
defendant who interposed such challenge, or the deliberations of the
grand jury thereon, shall be guilty of a misdemeanor.
[1911 C&P § 104; RL § 6369; NCL § 10053]
A person who fraudulently or falsely pretends that any
infant child was born of a parent whose child is or would be entitled to
inherit real property or to receive any personal property, or who falsely
represents himself or another to be a person entitled to an interest or
share in the estate of a deceased person as executor, administrator,
husband, wife, heir, legatee, devisee, next of kin or relative of the
deceased person, is guilty of a category D felony and shall be punished
as provided in NRS 193.130 .
[1911 C&P § 105; RL § 6370; NCL § 10054]—(NRS A 1979, 1423; 1995,
1178)
A person to whom a child has
been confided for nursing, education or any other purpose, who, with the
intent to deceive a person, guardian or relative of the child,
substitutes or produces to the parent, guardian or relative another child
or person in the place of the child so confided, is guilty of a category
B felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than
10 years, and may be further punished by a fine of not more than $10,000.
[1911 C&P § 106; RL § 6371; NCL § 10055]—(NRS A 1979, 1423; 1995,
1178)
Every person who
shall institute or prosecute any action or other proceeding in the name
of another, without his consent and contrary to law, shall be guilty of a
gross misdemeanor.
[1911 C&P § 107; RL § 6372; NCL § 10056]
Every person who shall
enter into a combination with another to resist the execution of any
legal process or other mandate of a court of competent jurisdiction,
under circumstances not amounting to a riot, shall be guilty of a gross
misdemeanor.
[1911 C&P § 340; RL § 6605; NCL § 10288]
Every person who shall
falsely personate a public officer, civil or military, or a policeman, or
a private individual having special authority by law to perform an act
affecting the rights or interests of another, or who, without authority
shall assume any uniform or badge by which such an officer or person is
lawfully distinguished, and in such assumed character shall do any act
purporting to be official, whereby another is injured or defrauded, shall
be guilty of a gross misdemeanor.
[1911 C&P § 469; RL § 6734; NCL § 10418]
Whoever shall
maliciously, and without probable cause, procure a search warrant to be
issued and executed shall be deemed guilty of a gross misdemeanor.
[1911 C&P § 476; RL § 6741; NCL § 10425]—(NRS A 1967, 467)
A peace officer who, in executing a search warrant,
shall willfully exceed his authority, or exercise it with unnecessary
severity, shall be deemed guilty of a gross misdemeanor.
[1911 C&P § 477; RL § 6742; NCL § 10426]—(NRS A 1967, 467)
1. An officer or person having the custody and control of the body
or liberty of any person under arrest shall not refuse permission to the
arrested person to communicate at reasonable times and intervals with his
friends or with an attorney, or subject any person under arrest to any
form of personal violence, intimidation, indignity or threats for the
purpose of extorting from that person incriminating statements or a
confession.
2. A person violating the provisions of this section shall be
punished:
(a) Where physical force or the immediate threat of physical force
is used in the course of extorting statements or a confession, or where
substantial bodily harm to the arrested person results from such
violence, intimidation or indignity, for a category D felony as provided
in NRS 193.130 .
(b) Where no physical force or immediate threat of physical force
is used in the course of extorting statements or a confession, or where
no substantial bodily harm results to the arrested person from such
violence, intimidation or indignity, for a gross misdemeanor.
(c) Where the only offense is to refuse permission to the arrested
person to communicate with his friends or with an attorney, for a
misdemeanor.
[1911 C&P § 542; RL § 6807; NCL § 10488]—(NRS A 1967, 467; 1979,
1423; 1995, 1179)
Every person who shall willfully and maliciously remove, damage or
destroy:
1. A sign or notice erected or posted by any officer under lawful
authority, or by the owner or occupant of the premises where posted; or
2. A legal notice or other legal paper posted in compliance with
the requirement of any statute of this State, or under the direction or
order of a court,
Ê shall be guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]
CONSPIRACY
1. Except as otherwise provided in subsection 2, whenever two or
more persons conspire to commit murder, robbery, sexual assault,
kidnapping in the first or second degree, arson in the first or second
degree, or a violation of NRS 205.463 ,
each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault,
kidnapping in the first or second degree, arson in the first or second
degree, or a violation of NRS 205.463 ,
by imprisonment in the state prison for a minimum term of not less than 1
year and a maximum term of not more than 6 years; or
(b) If the conspiracy was to commit murder, by imprisonment in the
state prison for a minimum term of not less than 2 years and a maximum
term of not more than 10 years,
Ê and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal
liability under NRS 207.400 , they shall
be punished in the manner provided in NRS 207.400 .
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1
and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or
proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or
fraudulent means;
(e) To prevent another from exercising any lawful trade or calling,
or from doing any other lawful act, by force, threats or intimidation, or
by interfering or threatening to interfere with any tools, implements or
property belonging to or used by another, or with the use or employment
thereof;
(f) To commit any act injurious to the public health, public
morals, trade or commerce, or for the perversion or corruption of public
justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to
accomplish a purpose, not in itself criminal or unlawful, by criminal or
unlawful means,
Ê each person is guilty of a gross misdemeanor.
[1911 C&P § 112; RL § 6377; NCL § 10061]—(NRS A 1975, 509; 1977,
1416, 1631; 1979, 1424; 1983, 1494; 1995, 1179; 1999, 1343 )
In any such proceeding for
violation of NRS 199.480 , it shall not
be necessary to prove that any overt act was done in pursuance of such
unlawful conspiracy or combination.
[1911 C&P § 113; RL § 6378; NCL § 10062]
SOLICITATION
1. A person who counsels, hires, commands or otherwise solicits
another to commit kidnapping or arson is guilty of a gross misdemeanor if
no criminal act is committed as a result of the solicitation.
2. A person who counsels, hires, commands or otherwise solicits
another to commit murder, if no criminal act is committed as a result of
the solicitation, is guilty of a category B felony and shall be punished
by imprisonment in the state prison for a minimum term of not less than 2
years and a maximum term of not more than 15 years, and may be further
punished by a fine of not more than $10,000.
(Added to NRS by 1979, 720; A 1987, 1152; 1995, 1180)
OBSTRUCTION OF CRIMINAL INVESTIGATION
The provisions of NRS 199.520 , 199.530 and
199.540 do not apply to a lawyer who is
communicating with his client within the scope of the privilege set forth
in NRS 49.095 .
(Added to NRS by 1991, 212)
An officer or employee of a court or law enforcement agency who, with
the intent to obstruct a criminal investigation, directly or indirectly:
1. Notifies any person who is the subject of the investigation
about the existence of the investigation; or
2. Discloses to any such person any information obtained in the
course of the investigation,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
(Added to NRS by 1991, 212; A 1995, 1180)
1. It is unlawful for an officer or employee of a court or law
enforcement agency, having knowledge that a person authorized to make a
search or seizure has been authorized or is applying for authorization to
make a search or seizure, to give notice or attempt to give notice of the
possible search or seizure to any person with the intent to obstruct a
judicial proceeding or a criminal investigation.
2. A person who violates the provisions of subsection 1 is guilty
of a category D felony and shall be punished as provided in NRS 193.130
.
(Added to NRS by 1991, 212; A 1995, 1180)
1. It is unlawful for an officer or employee of a court or law
enforcement agency, or any employee of a communications common carrier,
landlord, custodian or other person who is ordered pursuant to subsection
2 of NRS 179.475 to furnish
information, facilities and technical assistance necessary to accomplish
an authorized interception of a wire or oral communication, having
knowledge that an order has been applied for or has been issued
authorizing the interception of a wire or oral communication in
accordance with NRS 179.410 to 179.515
, inclusive, to:
(a) Give notice of the interception; or
(b) Attempt to give notice of the interception,
Ê to any person with the intent to obstruct, impede or prevent the
interception of the wire or oral communication.
2. It is unlawful for an officer or employee of a court or law
enforcement agency, or any employee of a communications common carrier,
landlord, custodian or other person who is ordered pursuant to subsection
2 of NRS 179.475 to furnish
information, facilities and technical assistance necessary to accomplish
an authorized interception of a wire or oral communication, having
knowledge that an order has been applied for or has been issued
authorizing the use of a pen register or trap and trace device to:
(b) Attempt to give notice of the use of the pen register or device,
Ê to any person with the intent to obstruct, impede or prevent that use.
3. A person who violates any provision of subsection 1 or 2 is
guilty of a category D felony and shall be punished as provided in NRS
193.130 .
(Added to NRS by 1991, 212; A 1995, 1180)
