USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 200 - CRIMES AGAINST THE PERSON
Murder is the unlawful killing of a
human being:
1. With malice aforethought, either express or implied;
2. Caused by a controlled substance which was sold, given, traded
or otherwise made available to a person in violation of chapter 453
of NRS; or
3. Caused by a violation of NRS 453.3325 .
Ê The unlawful killing may be effected by any of the various means by
which death may be occasioned.
[1911 C&P § 119; RL § 6384; NCL § 10066]—(NRS A 1983, 512; 1985,
1598; 1989, 589; 2005, 1059 )
1. Express malice is that deliberate intention unlawfully to take
away the life of a fellow creature, which is manifested by external
circumstances capable of proof.
2. Malice shall be implied when no considerable provocation
appears, or when all the circumstances of the killing show an abandoned
and malignant heart.
[1911 C&P § 120; A 1915, 67; 1919 RL § 6385; NCL § 10067]
1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait or torture, or by
any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of
sexual assault, kidnapping, arson, robbery, burglary, invasion of the
home, sexual abuse of a child, sexual molestation of a child under the
age of 14 years or child abuse;
(c) Committed to avoid or prevent the lawful arrest of any person
by a peace officer or to effect the escape of any person from legal
custody;
(d) Committed on the property of a public or private school, at an
activity sponsored by a public or private school or on a school bus while
the bus was engaged in its official duties by a person who intended to
create a great risk of death or substantial bodily harm to more than one
person by means of a weapon, device or course of action that would
normally be hazardous to the lives of more than one person; or
(e) Committed in the perpetration or attempted perpetration of an
act of terrorism.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried
shall, if they find him guilty thereof, designate by their verdict
whether he is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of a
category A felony and shall be punished:
(a) By death, only if one or more aggravating circumstances are
found and any mitigating circumstance or circumstances which are found do
not outweigh the aggravating circumstance or circumstances, unless a
court has made a finding pursuant to NRS 174.098 that the defendant is mentally retarded and
has stricken the notice of intent to seek the death penalty; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 20 years has 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.
Ê A determination of whether aggravating circumstances exist is not
necessary to fix the penalty at imprisonment for life with or without the
possibility of parole.
5. A person convicted of murder of the second degree is guilty of
a category A felony and shall be punished by imprisonment in the state
prison:
(a) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole
beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in NRS
202.4415 ;
(b) “Child abuse” means physical injury of a nonaccidental nature
to a child under the age of 18 years;
(c) “School bus” has the meaning ascribed to it in NRS 483.160
;
(d) “Sexual abuse of a child” means any of the acts described in
NRS 432B.100 ; and
(e) “Sexual molestation” means any willful and lewd or lascivious
act, other than acts constituting the crime of sexual assault, upon or
with the body, or any part or member thereof, of a child under the age of
14 years, with the intent of arousing, appealing to, or gratifying the
lust, passions or sexual desires of the perpetrator or of the child.
[1911 C&P § 121; A 1915, 67; 1919, 468; 1947, 302; 1943 NCL §
10068]—(NRS A 1957, 330; 1959, 781; 1960, 399; 1961, 235, 486; 1967, 467,
1470; 1973, 1803; 1975, 1580; 1977, 864, 1541, 1627; 1989, 865, 1451;
1995, 257, 1181; 1999, 1335 ; 2003, 770 , 2944 )
The
only circumstances by which murder of the first degree may be aggravated
are:
1. The murder was committed by a person under sentence of
imprisonment.
2. The murder was committed by a person who, at any time before a
penalty hearing is conducted for the murder pursuant to NRS 175.552
, is or has been convicted of:
(a) Another murder and the provisions of subsection 12 do not
otherwise apply to that other murder; or
(b) A felony involving the use or threat of violence to the person
of another and the provisions of subsection 4 do not otherwise apply to
that felony.
Ê For the purposes of this subsection, a person shall be deemed to have
been convicted at the time the jury verdict of guilt is rendered or upon
pronouncement of guilt by a judge or judges sitting without a jury.
3. The murder was committed by a person who knowingly created a
great risk of death to more than one person by means of a weapon, device
or course of action which would normally be hazardous to the lives of
more than one person.
4. The murder was committed while the person was engaged, alone or
with others, in the commission of, or an attempt to commit or flight
after committing or attempting to commit, any robbery, arson in the first
degree, burglary, invasion of the home or kidnapping in the first degree,
and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal
force used.
5. The murder was committed to avoid or prevent a lawful arrest or
to effect an escape from custody.
6. The murder was committed by a person, for himself or another,
to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or firefighter
who was killed while engaged in the performance of his official duty or
because of an act performed in his official capacity, and the defendant
knew or reasonably should have known that the victim was a peace officer
or firefighter. For the purposes of this subsection, “peace officer”
means:
(a) An employee of the Department of Corrections who does not
exercise general control over offenders imprisoned within the
institutions and facilities of the Department, but whose normal duties
require him to come into contact with those offenders when carrying out
the duties prescribed by the Director of the Department.
(b) Any person upon whom some or all of the powers of a peace
officer are conferred pursuant to NRS 289.150 to 289.360 ,
inclusive, when carrying out those powers.
8. The murder involved torture or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and
without apparent motive.
10. The murder was committed upon a person less than 14 years of
age.
11. The murder was committed upon a person because of the actual
or perceived race, color, religion, national origin, physical or mental
disability or sexual orientation of that person.
12. The defendant has, in the immediate proceeding, been convicted
of more than one offense of murder in the first or second degree. For the
purposes of this subsection, a person shall be deemed to have been
convicted of a murder at the time the jury verdict of guilt is rendered
or upon pronouncement of guilt by a judge or judges sitting without a
jury.
13. The person, alone or with others, subjected or attempted to
subject the victim of the murder to nonconsensual sexual penetration
immediately before, during or immediately after the commission of the
murder. For the purposes of this subsection:
(a) “Nonconsensual” means against the victim’s will or under
conditions in which the person knows or reasonably should know that the
victim is mentally or physically incapable of resisting, consenting or
understanding the nature of his conduct, including, but not limited to,
conditions in which the person knows or reasonably should know that the
victim is dead.
(b) “Sexual penetration” means cunnilingus, fellatio or any
intrusion, however slight, of any part of the victim’s body or any object
manipulated or inserted by a person, alone or with others, into the
genital or anal openings of the body of the victim, whether or not the
victim is alive. The term includes, but is not limited to, anal
intercourse and sexual intercourse in what would be its ordinary meaning.
14. The murder was committed on the property of a public or
private school, at an activity sponsored by a public or private school or
on a school bus while the bus was engaged in its official duties by a
person who intended to create a great risk of death or substantial bodily
harm to more than one person by means of a weapon, device or course of
action that would normally be hazardous to the lives of more than one
person. For the purposes of this subsection, “school bus” has the meaning
ascribed to it in NRS 483.160 .
15. The murder was committed with the intent to commit, cause,
aid, further or conceal an act of terrorism. For the purposes of this
subsection, “act of terrorism” has the meaning ascribed to it in NRS
202.4415 .
(Added to NRS by 1977, 1542; A 1981, 521, 2011; 1983, 286; 1985,
1979; 1989, 1451; 1993, 76; 1995, 2, 138, 1490, 2705; 1997, 1293; 1999,
1336 ; 2001 Special Session, 229 ; 2003, 2945 ; 2005, 317 )
Murder
of the first degree may be mitigated by any of the following
circumstances, even though the mitigating circumstance is not sufficient
to constitute a defense or reduce the degree of the crime:
1. The defendant has no significant history of prior criminal
activity.
2. The murder was committed while the defendant was under the
influence of extreme mental or emotional disturbance.
3. The victim was a participant in the defendant’s criminal
conduct or consented to the act.
4. The defendant was an accomplice in a murder committed by
another person and his participation in the murder was relatively minor.
5. The defendant acted under duress or under the domination of
another person.
6. The youth of the defendant at the time of the crime.
7. Any other mitigating circumstance.
(Added to NRS by 1977, 1543)
1. Manslaughter is the unlawful killing of a human being, without
malice express or implied, and without any mixture of deliberation.
2. Manslaughter must be voluntary, upon a sudden heat of passion,
caused by a provocation apparently sufficient to make the passion
irresistible, or involuntary, in the commission of an unlawful act, or a
lawful act without due caution or circumspection.
3. Manslaughter does not include vehicular manslaughter as
described in NRS 484.3775 .
[1911 C&P § 122; RL § 6387; NCL § 10069]—(NRS A 1983, 1014; 1995,
1725; 2005, 79 )
1. In cases of voluntary manslaughter, there must be a serious and
highly provoking injury inflicted upon the person killing, sufficient to
excite an irresistible passion in a reasonable person, or an attempt by
the person killed to commit a serious personal injury on the person
killing.
2. Voluntary manslaughter does not include vehicular manslaughter
as described in NRS 484.3775 .
[1911 C&P § 123; RL § 6388; NCL § 10070]—(NRS A 2005, 79 )
The killing must be
the result of that sudden, violent impulse of passion supposed to be
irresistible; for, if there should appear to have been an interval
between the assault or provocation given and the killing, sufficient for
the voice of reason and humanity to be heard, the killing shall be
attributed to deliberate revenge and punished as murder.
[1911 C&P § 124; RL § 6389; NCL § 10071]
1. Except under the circumstances provided in NRS 484.348 and 484.377 , involuntary manslaughter is the killing of a human being,
without any intent to do so, in the commission of an unlawful act, or a
lawful act which probably might produce such a consequence in an unlawful
manner, but where the involuntary killing occurs in the commission of an
unlawful act, which, in its consequences, naturally tends to destroy the
life of a human being, or is committed in the prosecution of a felonious
intent, the offense is murder.
2. Involuntary manslaughter does not include vehicular
manslaughter as described in NRS 484.3775 .
[1911 C&P § 125; RL § 6390; NCL § 10072]—(NRS A 1981, 867; 1983,
1014; 1995, 1726; 2005, 79 )
A person
convicted of the crime of voluntary manslaughter 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 § 126; A 1937, 103; 1931 NCL § 10073]—(NRS A 1979, 1424;
1995, 1182)
A person
convicted of involuntary manslaughter is guilty of a category D felony
and shall be punished as provided in NRS 193.130 .
[1911 C&P § 126 1/2; added 1937, 103; 1931 NCL § 10073.01]—(NRS A
1967, 468; 1995, 1182)
1. If the injury be inflicted in one county, and the party die
within another county, or without the State, the accused shall be tried
in the county where the act was done, or the cause of death administered.
2. If the party killing shall be in one county, and the party
killed in another county, at the time the cause of death shall be
administered, the accused may be tried in either county.
[1911 C&P § 128; RL § 6393; NCL § 10075]
Justifiable homicide
is the killing of a human being in necessary self-defense, or in defense
of habitation, property or person, against one who manifestly intends, or
endeavors, by violence or surprise, to commit a felony, or against any
person or persons who manifestly intend and endeavor, in a violent,
riotous, tumultuous or surreptitious manner, to enter the habitation of
another for the purpose of assaulting or offering personal violence to
any person dwelling or being therein.
[1911 C&P § 129; RL § 6394; NCL § 10076]—(NRS A 1983, 518)
A bare fear of any of the offenses mentioned in NRS
200.120 , to prevent which the homicide
is alleged to have been committed, shall not be sufficient to justify the
killing. It must appear that the circumstances were sufficient to excite
the fears of a reasonable person, and that the party killing really acted
under the influence of those fears and not in a spirit of revenge.
[1911 C&P § 130; RL § 6395; NCL § 10077]
Homicide is
justifiable when committed by a public officer, or person acting under
his command and in his aid, in the following cases:
1. In obedience to the judgment of a competent court.
2. When necessary to overcome actual resistance to the execution
of the legal process, mandate or order of a court or officer, or in the
discharge of a legal duty.
3. When necessary:
(a) In retaking an escaped or rescued prisoner who has been
committed, arrested for, or convicted of a felony;
(b) In attempting, by lawful ways or means, to apprehend or arrest
a person; or
(c) In lawfully suppressing a riot or preserving the peace.
[1911 C&P § 131; RL § 6396; NCL § 10078]—(NRS A 1975, 323; 1993,
931)
All other
instances which stand upon the same footing of reason and justice as
those enumerated shall be considered justifiable or excusable homicide.
[1911 C&P § 132; RL § 6397; NCL § 10079]
Homicide is
also justifiable when committed:
1. In the lawful defense of the slayer, or his or her husband,
wife, parent, child, brother or sister, or of any other person in his
presence or company, when there is reasonable ground to apprehend a
design on the part of the person slain to commit a felony or to do some
great personal injury to the slayer or to any such person, and there is
imminent danger of such design being accomplished; or
2. In the actual resistance of an attempt to commit a felony upon
the slayer, in his presence, or upon or in a dwelling, or other place of
abode in which he is.
[1911 C&P § 133; A 1931, 160; 1931 NCL § 10080]—(NRS A 1993, 932)
The killing of the deceased named in
the indictment or information by the defendant being proved, the burden
of proving circumstances of mitigation, or that justify or excuse the
homicide, will devolve on the accused, unless the proof on the part of
the prosecution sufficiently manifests that the crime committed only
amounts to manslaughter, or that the accused was justified, or excused in
committing the homicide.
[1911 C&P § 134; A 1951, 524]
1. Excusable homicide by misadventure occurs when:
(a) A person is doing a lawful act, without any intention of
killing, yet unfortunately kills another, as where a man is at work with
an ax and the head flies off and kills a bystander; or
(b) An officer punishing a criminal happens to occasion death,
which acts of correction are lawful.
2. If the officer exceeds the sentence under which he acts, either
in the manner, the instrument, or quantity of punishment, and death
ensues, it is manslaughter or murder, according to the circumstances of
the case.
[1911 C&P § 135; RL § 6400; NCL § 10082]—(NRS A 1985, 1399)
The
homicide appearing to be justifiable or excusable, the person indicted
shall, upon his trial, be fully acquitted and discharged.
[1911 C&P § 136; RL § 6401; NCL § 10083]
If a person kills another in
self-defense, it must appear that:
1. The danger was so urgent and pressing that, in order to save
his own life, or to prevent his receiving great bodily harm, the killing
of the other was absolutely necessary; and
2. The person killed was the assailant, or that the slayer had
really, and in good faith, endeavored to decline any further struggle
before the mortal blow was given.
[1911 C&P § 137; RL § 6402; NCL § 10084]
A person who
willfully kills an unborn quick child, by any injury committed upon the
mother of the child, commits manslaughter and shall be punished 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 10 years, and
may be further punished by a fine of not more than $10,000.
[1911 C&P § 138; RL § 6403; NCL § 10085]—(NRS A 1967, 468; 1979,
1425; 1995, 1182)
A woman
who takes or uses, or submits to the use of, any drug, medicine or
substance, or any instrument or other means, with the intent to terminate
her pregnancy after the 24th week of pregnancy, unless the same is
performed upon herself upon the advice of a physician acting pursuant to
the provisions of NRS 442.250 , and thereby causes the death of the child of the pregnancy,
commits manslaughter and shall be punished 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 10 years, and may be further
punished by a fine of not more than $10,000.
[1911 C&P § 140; RL § 6405; NCL § 10087]—(NRS A 1967, 468; 1973,
1639; 1979, 1425; 1995, 1183)
A person navigating a vessel for gain who willfully or
negligently receives so many passengers or such a quantity of other
lading on board that by means thereof the vessel sinks, is overset or
injured, and thereby a human being is drowned or otherwise killed,
commits manslaughter and shall be punished:
1. If the overloading is negligent, for a category D felony as
provided in NRS 193.130 .
2. If the overloading is willful, 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 10 years, and may be further
punished by a fine of not more than $10,000.
[1911 C&P § 141; RL § 6406; NCL § 10088]—(NRS A 1967, 468; 1979,
1425; 1995, 1183)
If the owner or
custodian of any vicious or dangerous animal, knowing its propensities,
willfully or negligently allows it to go at large, and the animal while
at large kills a human being not himself in fault, the owner or custodian
commits manslaughter and shall be punished for a category D felony as
provided in NRS 193.130 .
[1911 C&P § 142; RL § 6407; NCL § 10089]—(NRS A 1967, 469; 1995,
1183)
A person who makes or keeps gunpowder or any
other explosive substance in a city or town in any quantity or manner
prohibited by law or by ordinance of the municipality commits
manslaughter if an explosion thereof occurs whereby the death of a human
being is occasioned, and shall be punished for a category D felony as
provided in NRS 193.130 .
[1911 C&P § 144; RL § 6409; NCL § 10091]—(NRS A 1967, 469; 1983,
120; 1995, 1183)
BODILY INJURY
In addition to any other circumstances recognized as
justification at common law, the infliction or threat of bodily injury is
justifiable, and does not constitute mayhem, battery or assault, if done
under circumstances which would justify homicide.
(Added to NRS by 1983, 519)
1. If a court determines that a person who is currently enrolled
in a secondary school unlawfully caused or attempted to cause serious
bodily injury to another person, the court shall provide the information
specified in subsection 2 to the school district in which the offender is
currently enrolled.
2. The information required to be provided pursuant to subsection
1 must include:
(a) The name of the offender;
(b) A description of any injury sustained by the other person;
(c) A description of any weapon used by the offender; and
(d) A description of any threats made by the offender against the
other person before, during or after the incident in which the offender
injured or attempted to injure the person.
(Added to NRS by 1997, 1363)
MAYHEM
Mayhem consists of unlawfully
depriving a human being of a member of his body, or disfiguring or
rendering it useless. If a person cuts out or disables the tongue, puts
out an eye, slits the nose, ear or lip, or disables any limb or member of
another, or voluntarily, or of purpose, puts out an eye, that person is
guilty of mayhem which is 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.
[1911 C&P § 151; RL § 6416; NCL § 10098]—(NRS A 1967, 469; 1979,
1425; 1995, 1183)
To constitute mayhem it is immaterial by what means or instrument or in
what manner the injury was inflicted.
[1911 C&P § 152; RL § 6417; NCL § 10099]
Whenever upon a trial for mayhem it shall
appear that the injury inflicted will not result in any permanent
disfiguration of appearance, diminution of vigor, or other permanent
injury, no conviction for maiming shall be had, but the defendant may be
convicted of assault in any degree.
[1911 C&P § 153; RL § 6418; NCL § 10100]
KIDNAPPING
1. A person who willfully seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away a person by any means
whatsoever with the intent to hold or detain, or who holds or detains,
the person for ransom, or reward, or for the purpose of committing sexual
assault, extortion or robbery upon or from the person, or for the purpose
of killing the person or inflicting substantial bodily harm upon him, or
to exact from relatives, friends, or any other person any money or
valuable thing for the return or disposition of the kidnapped person, and
a person who leads, takes, entices, or carries away or detains any minor
with the intent to keep, imprison, or confine him from his parents,
guardians, or any other person having lawful custody of the minor, or
with the intent to hold the minor to unlawful service, or perpetrate upon
the person of the minor any unlawful act is guilty of kidnapping in the
first degree which is a category A felony.
2. A person who willfully and without authority of law seizes,
inveigles, takes, carries away or kidnaps another person with the intent
to keep the person secretly imprisoned within the State, or for the
purpose of conveying the person out of the State without authority of
law, or in any manner held to service or detained against his will, is
guilty of kidnapping in the second degree which is a category B felony.
[1:165:1947; 1943 NCL § 10612.05]—(NRS A 1959, 20; 1979, 39; 1987,
495; 1995, 1184)
A person
convicted of kidnapping in the first degree is guilty of a category A
felony and shall be punished:
1. Where the kidnapped person suffers substantial bodily harm
during the act of kidnapping or the subsequent detention and confinement
or in attempted escape or escape therefrom, by imprisonment in the state
prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 15 years has been served; or
(c) For a definite term of 40 years, with eligibility for parole
beginning when a minimum of 15 years has been served.
2. Where the kidnapped person suffers no substantial bodily harm
as a result of the kidnapping, by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 5 years has been served; or
(b) For a definite term of 15 years, with eligibility for parole
beginning when a minimum of 5 years has been served.
[2:165:1947; 1943 NCL § 10612.06]—(NRS A 1967, 469; 1973, 1804;
1995, 1184)
A person
convicted of kidnapping in the second degree 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 $15,000.
[3:165:1947; 1943 NCL § 10612.07]—(NRS A 1967, 469; 1979, 1425;
1995, 1185)
1. A person who aids and abets kidnapping in the first degree is
guilty of a category A felony and shall be punished for kidnapping in the
first degree as provided in NRS 200.320 .
2. A person who aids and abets kidnapping in the second degree 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.
[4:165:1947; 1943 NCL § 10612.08]—(NRS A 1967, 470; 1995, 1185)
1. Any proceedings for kidnapping may be instituted either in the
county where the offense was committed or in any county through or in
which the person kidnapped or confined was taken or kept while under
confinement or restraint.
2. Upon the trial for violation of NRS 200.310 to 200.350 ,
inclusive, the consent thereto of the person kidnapped or confined shall
not be a defense unless it appears satisfactorily to the jury that such
person was above the age of 18 years and that his consent was not
extorted by threats, duress or fraud.
[5:165:1947; 1943 NCL § 10612.09]
A law enforcement officer who is conducting an investigation or making
an arrest concerning the abduction of a child shall take the child into
protective custody if he reasonably believes that the child is in danger
of being removed from the jurisdiction.
(Added to NRS by 1991, 1422)
1. A person having a limited right of custody to a child by
operation of law or pursuant to an order, judgment or decree of any
court, including a judgment or decree which grants another person rights
to custody or visitation of the child, or any parent having no right of
custody to the child, who:
(a) In violation of an order, judgment or decree of any court
willfully detains, conceals or removes the child from a parent, guardian
or other person having lawful custody or a right of visitation of the
child; or
(b) In the case of an order, judgment or decree of any court that
does not specify when the right to physical custody or visitation is to
be exercised, removes the child from the jurisdiction of the court
without the consent of either the court or all persons who have the right
to custody or visitation,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
2. A parent who has joint legal custody of a child pursuant to NRS
125.465 shall not willfully conceal or
remove the child from the custody of the other parent with the specific
intent to deprive the other parent of the parent and child relationship.
A person who violates this subsection shall be punished as provided in
subsection 1.
3. If the mother of a child has primary physical custody pursuant
to subsection 2 of NRS 126.031 , the
father of the child shall not willfully conceal or remove the child from
the physical custody of the mother. If the father of a child has primary
physical custody pursuant to subsection 2 of NRS 126.031 , the mother of the child shall not willfully
conceal or remove the child from the physical custody of the father. A
person who violates this subsection shall be punished as provided in
subsection 1.
4. Before an arrest warrant may be issued for a violation of this
section, the court must find that:
(a) This is the home state of the child, as defined in NRS 125A.085
; and
(b) There is cause to believe that the entry of a court order in a
civil proceeding brought pursuant to chapter 125 , 125A or 125C of NRS will not be effective to enforce the rights
of the parties and would not be in the best interests of the child.
5. Upon conviction for a violation of this section, the court
shall order the defendant to pay restitution for any expenses incurred in
locating or recovering the child.
6. The prosecuting attorney may recommend to the judge that the
defendant be sentenced as for a misdemeanor and the judge may impose such
a sentence if he finds that:
(a) The defendant has no prior conviction for this offense and the
child has suffered no substantial harm as a result of the offense; or
(b) The interests of justice require that the defendant be punished
as for a misdemeanor.
7. A person who aids or abets any other person to violate this
section shall be punished as provided in subsection 1.
8. This section does not apply to a person who detains, conceals
or removes a child to protect the child from the imminent danger of abuse
or neglect or to protect himself from imminent physical harm, and
reported the detention, concealment or removal to a law enforcement
agency or an agency which provides child welfare services within 24 hours
after detaining, concealing or removing the child, or as soon as the
circumstances allowed. As used in this subsection:
(a) “Abuse or neglect” has the meaning ascribed to it in paragraph
(a) of subsection 4 of NRS 200.508 .
(b) “Agency which provides child welfare services” has the meaning
ascribed to it in NRS 432B.030 .
(Added to NRS by 1975, 1397; A 1981, 564; 1989, 1678; 1991, 1422;
1993, 1425; 1995, 997, 1185, 1338; 2001 Special Session, 17 ; 2003, 1005 )
SEXUAL ASSAULT AND SEDUCTION
As used in NRS 200.364 to 200.3774 , inclusive, unless the context otherwise
requires:
1. “Perpetrator” means a person who commits a sexual assault.
2. “Sexual penetration” means cunnilingus, fellatio, or any
intrusion, however slight, of any part of a person’s body or any object
manipulated or inserted by a person into the genital or anal openings of
the body of another, including sexual intercourse in its ordinary meaning.
3. “Statutory sexual seduction” means:
(a) Ordinary sexual intercourse, anal intercourse, cunnilingus or
fellatio committed by a person 18 years of age or older with a person
under the age of 16 years; or
(b) Any other sexual penetration committed by a person 18 years of
age or older with a person under the age of 16 years with the intent of
arousing, appealing to, or gratifying the lust or passions or sexual
desires of either of the persons.
4. “Victim” means a person who is subjected to a sexual assault.
(Added to NRS by 1977, 1626; A 1979, 572; 1991, 801; 1995, 700)
1. A person who subjects another person to sexual penetration, or
who forces another person to make a sexual penetration on himself or
another, or on a beast, against the will of the victim or under
conditions in which the perpetrator knows or should know that the victim
is mentally or physically incapable of resisting or understanding the
nature of his conduct, is guilty of sexual assault.
2. Except as otherwise provided in subsections 3 and 4, a person
who commits a sexual assault is guilty of a category A felony and shall
be punished:
(a) If substantial bodily harm to the victim results from the
actions of the defendant committed in connection with or as a part of the
sexual assault, by imprisonment in the state prison:
(1) For life without the possibility of parole; or
(2) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 15 years has been
served.
(b) If no substantial bodily harm to the victim results, by
imprisonment in the state prison for life with the possibility of parole,
with eligibility for parole beginning when a minimum of 10 years has been
served.
3. Except as otherwise provided in subsection 4, a person who
commits a sexual assault against a child under the age of 16 years is
guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm to the child,
by imprisonment in the state prison for life without the possibility of
parole.
(b) Except as otherwise provided in paragraph (c), if the crime
does not result in substantial bodily harm to the child, by imprisonment
in the state prison for life with the possibility of parole, with
eligibility for parole beginning when a minimum of 20 years has been
served.
(c) If the crime is committed against a child under the age of 14
years and does not result in substantial bodily harm to the child, by
imprisonment in the state prison for life with the possibility of parole,
with eligibility for parole beginning when a minimum of 20 years has been
served.
4. A person who commits a sexual assault against a child under the
age of 16 years and who has been previously convicted of:
(a) A sexual assault pursuant to this section or any other sexual
offense against a child; or
(b) An offense committed in another jurisdiction that, if committed
in this State, would constitute a sexual assault pursuant to this section
or any other sexual offense against a child,
Ê is guilty of a category A felony and shall be punished by imprisonment
in the state prison for life without the possibility of parole.
5. For the purpose of this section, “other sexual offense against
a child” means any act committed by an adult upon a child constituting:
(a) Incest pursuant to NRS 201.180 ;
(b) Lewdness with a child pursuant to NRS 201.230 ;
(c) Sado-masochistic abuse pursuant to NRS 201.262 ; or
(d) Luring a child using a computer, system or network pursuant to
NRS 201.560 , if punished as a felony.
(Added to NRS by 1977, 1626; A 1991, 612; 1995, 1186; 1997, 1179,
1719; 1999, 431 ; 2003, 2825 ; 2005, 2874 )
Except under
circumstances where a greater penalty is provided in NRS 201.540 , a person who commits statutory sexual
seduction shall be punished:
1. If he is 21 years of age or older, for a category C felony as
provided in NRS 193.130 .
2. If he is under the age of 21 years, for a gross misdemeanor.
(Added to NRS by 1977, 1627; A 1979, 1426; 1995, 1187; 2001, 703
)
It is no defense
to a charge of sexual assault that the perpetrator was, at the time of
the assault, married to the victim, if the assault was committed by force
or by the threat of force.
(Added to NRS by 1967, 470; A 1975, 1141; 1977, 1628; 1987, 1165)
The Legislature finds and declares that:
1. This State has a compelling interest in assuring that the
victim of a sexual assault:
(a) Reports the assault to the appropriate authorities;
(b) Cooperates in the investigation and prosecution of the assault;
and
(c) Testifies at the criminal trial of the person charged with
committing the assault.
2. The fear of public identification and invasion of privacy are
fundamental concerns for the victims of sexual assault. If these concerns
are not addressed and the victims are left unprotected, the victims may
refrain from reporting and prosecuting sexual assaults.
3. A victim of a sexual assault may be harassed, intimidated and
psychologically harmed by a public report that identifies the victim. A
sexual assault is, in many ways, a unique, distinctive and intrusive
personal trauma. The consequences of identification are often additional
psychological trauma and the public disclosure of private personal
experiences.
4. Recent public criminal trials have focused attention on these
issues and have dramatized the need for basic protections for the victims
of sexual assault.
5. The public has no overriding need to know the individual
identity of the victim of a sexual assault.
6. The purpose of NRS 200.3771
to 200.3774 , inclusive, is to protect
the victims of sexual assault from harassment, intimidation,
psychological trauma and the unwarranted invasion of their privacy by
prohibiting the disclosure of their identities to the public.
(Added to NRS by 1993, 2475)
1. Except as otherwise provided in this section, any information
which is contained in:
(a) Court records, including testimony from witnesses;
(b) Intelligence or investigative data, reports of crime or
incidents of criminal activity or other information;
(c) Records of criminal history, as that term is defined in NRS
179A.070 ; and
(d) Records in the Central Repository for Nevada Records of
Criminal History,
Ê that reveals the identity of a victim of sexual assault is
confidential, including but not limited to the victim’s photograph,
likeness, name, address or telephone number.
2. A defendant charged with a sexual assault and his attorney are
entitled to all identifying information concerning the victim in order to
prepare the defense of the defendant. The defendant and his attorney
shall not disclose this information except, as necessary, to those
persons directly involved in the preparation of the defense.
3. A court of competent jurisdiction may authorize the release of
the identifying information, upon application, if the court determines
that:
(a) The person making the application has demonstrated to the
satisfaction of the court that good cause exists for the disclosure;
(b) The disclosure will not place the victim at risk of personal
harm; and
(c) Reasonable notice of the application and an opportunity to be
heard have been given to the victim.
4. Nothing in this section prohibits:
(a) Any publication or broadcast by the media concerning a sexual
assault.
(b) The disclosure of identifying information to any nonprofit
organization or public agency whose purpose is to provide counseling,
services for the management of crises or other assistance to the victims
of crimes if:
(1) The organization or agency needs identifying information
of victims to offer such services; and
(2) The court or a law enforcement agency approves the
organization or agency for the receipt of the identifying information.
5. The willful violation of any provision of this section or the
willful neglect or refusal to obey any court order made pursuant thereto
is punishable as criminal contempt.
(Added to NRS by 1993, 2476)
1. A victim of a sexual assault may choose a pseudonym to be used
instead of the victim’s name on all files, records and documents
pertaining to the sexual assault, including, without limitation, criminal
intelligence and investigative reports, court records and media releases.
2. A victim who chooses to use a pseudonym shall file a form to
choose a pseudonym with the law enforcement agency investigating the
offense. The form must be provided by the law enforcement agency.
3. If the victim files a form to use a pseudonym, as soon as
practicable the law enforcement agency shall make a good faith effort to:
(a) Substitute the pseudonym for the name of the victim on all
reports, files and records in the agency’s possession; and
(b) Notify the prosecuting attorney of the pseudonym.
Ê The law enforcement agency shall maintain the form in a manner that
protects the confidentiality of the information contained therein.
4. Upon notification that a victim has elected to be designated by
a pseudonym, the court shall ensure that the victim is designated by the
pseudonym in all legal proceedings concerning the sexual assault.
5. The information contained on the form to choose a pseudonym
concerning the actual identity of the victim is confidential and must not
be disclosed to any person other than the defendant or his attorney
unless a court of competent jurisdiction orders the disclosure of the
information. The disclosure of information to a defendant or his attorney
is subject to the conditions and restrictions specified in subsection 2
of NRS 200.3771 . A person who violates
this subsection is guilty of a misdemeanor.
6. A court of competent jurisdiction may order the disclosure of
the information contained on the form only if it finds that the
information is essential in the trial of the defendant accused of the
sexual assault or the identity of the victim is at issue.
7. A law enforcement agency that complies with the requirements of
this section is immune from civil liability for unknowingly or
unintentionally:
(a) Disclosing any information contained on the form filed by a
victim of sexual assault pursuant to this section that reveals the
identity of the victim; or
(b) Failing to substitute the pseudonym of the victim for the name
of the victim on all reports, files and records in the agency’s
possession.
(Added to NRS by 1993, 2477)
1. A public officer or employee who has access to any records,
files or other documents which include the photograph, likeness, name,
address, telephone number or other fact or information that reveals the
identity of a victim of a sexual assault shall not intentionally or
knowingly disclose the identifying information to any person other than:
(a) The defendant or his attorney;
(b) A person who is directly involved in the investigation,
prosecution or defense of the case;
(c) A person specifically named in a court order issued pursuant to
NRS 200.3771 ; or
(d) A nonprofit organization or public agency approved to receive
the information pursuant to NRS 200.3771 .
2. A person who violates the provisions of subsection 1 is guilty
of a misdemeanor.
(Added to NRS by 1993, 2477)
The provisions of NRS 200.3771 , 200.3772
and 200.3773 do not apply if the
victim of the sexual assault voluntarily waives, in writing, the
confidentiality of the information concerning the victim’s identity.
(Added to NRS by 1993, 2478)
ROBBERY
1. Robbery is the unlawful taking of personal property from the
person of another, or in his presence, against his will, by means of
force or violence or fear of injury, immediate or future, to his person
or property, or the person or property of a member of his family, or of
anyone in his company at the time of the robbery. A taking is by means of
force or fear if force or fear is used to:
(a) Obtain or retain possession of the property;
(b) Prevent or overcome resistance to the taking; or
(c) Facilitate escape.
Ê The degree of force used is immaterial if it is used to compel
acquiescence to the taking of or escaping with the property. A taking
constitutes robbery whenever it appears that, although the taking was
fully completed without the knowledge of the person from whom taken, such
knowledge was prevented by the use of force or fear.
2. A person who commits robbery 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.
[1911 C&P § 162; RL § 6427; NCL § 10109]—(NRS A 1961, 53; 1967,
470; 1993, 253; 1995, 1187)
ATTEMPTS TO KILL
A person who
willfully and maliciously administers or causes to be administered to or
taken by a person, any poison, or other noxious or destructive substance
or liquid, with the intention to cause the death of the person, and being
thereof duly convicted, is guilty of a category A felony and shall be
punished by imprisonment in the state prison:
1. For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 5 years has been served; or
2. For a definite term of 15 years, with eligibility for parole
beginning when a minimum of 5 years has been served.
[1911 C&P § 139; RL § 6404; NCL § 10086]—(NRS A 1967, 471; 1995,
1188)
BATTERY WITH INTENT TO COMMIT A CRIME
1. As used in this section, “battery” means any willful and
unlawful use of force or violence upon the person of another.
2. A person who is convicted of battery with the intent to commit
mayhem, robbery or grand larceny 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 10 years,
and may be further punished by a fine of not more than $10,000.
3. A person who is convicted of battery with the intent to kill 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 20 years.
4. A person who is convicted of battery with the intent to commit
sexual assault shall be punished:
(a) If the crime results in substantial bodily harm to the victim,
for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole; or
(2) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been
served,
Ê as determined by the verdict of the jury, or the judgment of the court
if there is no jury.
(b) If the crime does not result in substantial bodily harm to the
victim and the victim is 16 years of age or older, for a category A
felony by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of life with the possibility of parole.
(c) If the crime does not result in substantial bodily harm to the
victim and the victim is a child under the age of 16, for a category A
felony by imprisonment in the state prison for a minimum term of not less
than 5 years and a maximum term of life with the possibility of parole.
Ê In addition to any other penalty, a person convicted pursuant to this
subsection may be punished by a fine of not more than $10,000.
[1911 C&P § 148; RL § 6413; NCL § 10095]—(NRS A 1967, 471; 1971,
1385; 1973, 1805; 1977, 1628; 1979, 1426; 1981, 903; 1985, 247; 1991,
123; 1995, 1188; 2005, 2875 )
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
Unless a greater penalty is provided in NRS 200.408 , a person who administers to another person
any chloroform, ether, laudanum, or any controlled substance, anesthetic,
or intoxicating or emetic agent, with the intent thereby to enable or
assist himself or any other person to commit a felony, 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.
(Added to NRS by 1987, 1624; A 1995, 1189; 1997, 903)
1. A person who causes to be administered to another person any
controlled substance without that person’s knowledge and with the intent
thereby to enable or assist himself or any other person to commit a crime
of violence against that person or the property of that person, 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 20 years.
2. As used in this section:
(a) “Controlled substance” includes flunitrazepam and
gamma-hydroxybutyrate and each substance for which flunitrazepam or
gamma-hydroxybutyrate is an immediate precursor as defined in NRS 453.086
.
(b) “Crime of violence” means:
(1) Any offense involving the use or threatened use of force
or violence against the person or property of another; or
(2) Any felony for which there is a substantial risk that
force or violence may be used against the person or property of another
in the commission of the felony.
(c) “Without a person’s knowledge” means the person is unaware that
a substance that can alter his ability to appraise conduct or to decline
participation in or communicate an unwillingness to participate in
conduct has been administered to him.
(Added to NRS by 1997, 902)
DUELS AND CHALLENGES
If a person
fights, by previous appointment or agreement, a duel with a rifle,
shotgun, pistol, bowie knife, dirk, smallsword, backsword or other
dangerous weapon, and in so doing kills his antagonist, or any person, or
inflicts such a wound that the party or parties injured die thereof, each
such offender is guilty of murder in the first degree, which is a
category A felony, and upon conviction thereof shall be punished as
provided in subsection 4 of NRS 200.030 .
[1911 C&P § 157; RL § 6422; NCL § 10104]—(NRS A 1959, 10; 1995,
1189; 1999, 2 )
Any
person who is present at the time of fighting any duel with deadly
weapons, as second, aid, surgeon or spectator, or who advises or gives
assistance to such a duel, is a competent witness against any person
offending against any of the provisions of NRS 200.410 and may be compelled to appear and give
evidence before any justice of the peace, grand jury or court, in the
same manner as other witnesses; but the testimony so given may not be
used in any prosecution or proceeding, civil or criminal, against the
person so testifying.
[1911 C&P § 159; RL § 6424; NCL § 10106]—(NRS A 1979, 1426)
If any person posts another, or in writing, print or orally
uses any reproachable or contemptuous language to or concerning another,
for not fighting a duel, or for not sending or accepting a challenge, he
is guilty of a gross misdemeanor.
[1911 C&P § 160; RL § 6425; NCL § 10107]—(NRS A 1959, 10; 1967, 471)
1. If a person, upon previous concert and agreement, fights with
any other person or gives, sends or authorizes any other person to give
or send a challenge verbally or in writing to fight any other person, the
person giving, sending or accepting the challenge to fight any other
person shall be punished:
(a) If the fight does not involve the use of a deadly weapon, for a
gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon, for a
category B felony by imprisonment in the state prison for a minimum 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.
2. A person who acts for another in giving, sending, or accepting,
either verbally or in writing, a challenge to fight any other person
shall be punished:
(a) If the fight does not involve the use of a deadly weapon, for a
gross misdemeanor; or
(b) If the fight involves the use of a deadly weapon, for a
category B felony by imprisonment in the state prison for a minimum 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.
3. Should death ensue to a person in such a fight, or should a
person die from any injuries received in such a fight, the person causing
or having any agency in causing the death, either by fighting or by
giving or sending for himself or for any other person, or in receiving
for himself or for any other person, the challenge to fight, is guilty of
murder in the first degree which is a category A felony and shall be
punished as provided in subsection 4 of NRS 200.030 .
[1911 C&P § 161; RL § 6426; NCL § 10108]—(NRS A 1967, 472; 1977,
884; 1979, 1426; 1995, 1189; 1999, 2 )
FALSE IMPRISONMENT
1. False imprisonment is an unlawful violation of the personal
liberty of another, and consists in confinement or detention without
sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages
sustained by the person so imprisoned, and, except as otherwise provided
in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4,
if the false imprisonment is committed:
(a) By a prisoner in a penal institution without a deadly weapon; or
(b) By any other person with the use of a deadly weapon,
Ê the person convicted of such a false imprisonment 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 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5,
if the false imprisonment is committed by using the person so imprisoned
as a shield or to avoid arrest, the person convicted of such a false
imprisonment 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 15 years.
5. If the false imprisonment is committed by a prisoner who is in
lawful custody or confinement with the use of a deadly weapon, the person
convicted of such a false imprisonment 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 20 years.
[1911 C&P § 175; RL § 6440; NCL § 10122]—(NRS A 1967, 472; 1981,
614; 1995, 1190; 2003, 387 )
INVOLUNTARY SERVITUDE; PURCHASE OR SALE OF PERSON
1. A person who knowingly subjects, or attempts to subject,
another person to forced labor or services by:
(a) Causing or threatening to cause physical harm to any person;
(b) Physically restraining or threatening to physically restrain
any person;
(c) Abusing or threatening to abuse the law or legal process;
(d) Knowingly destroying, concealing, removing, confiscating or
possessing any actual or purported passport or other immigration
document, or any other actual or purported government identification
document, of the person;
(e) Extortion; or
(f) Causing or threatening to cause financial harm to any person,
Ê is guilty of holding a person in involuntary servitude.
2. A person who is found guilty of holding a person in involuntary
servitude is guilty of a category B felony and shall be punished:
(a) Where the victim suffers substantial bodily harm while held in
involuntary servitude or in attempted escape or escape therefrom, by
imprisonment in the state prison for a minimum term of not less than 7
years and a maximum term of not more than 20 years, and may be further
punished by a fine of not more than $50,000.
(b) Where the victim suffers no substantial bodily harm as a result
of being held in involuntary servitude, by imprisonment in the state
prison for a minimum term of not less than 5 years and a maximum term of
not more than 20 years, and may be further punished by a fine of not more
than $50,000.
(Added to NRS by 2005, 87 )
A person who knowingly:
1. Recruits, entices, harbors, transports, provides or obtains by
any means, or attempts to recruit, entice, harbor, transport, provide or
obtain by any means, another person, intending or knowing that the person
will be held in involuntary servitude; or
2. Benefits, financially or by receiving anything of value, from
participating in a violation of NRS 200.463 ,
Ê 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 15 years, and may be further punished by a
fine of not more than $50,000.
(Added to NRS by 2005, 88 )
A person who:
1. Assumes or attempts to assume rights of ownership over another
person;
2. Sells or attempts to sell a person to another;
3. Receives money or anything of value in consideration of placing
a person in the custody or under the control of another;
4. Buys or attempts to buy a person;
5. Except as otherwise provided in chapter 127 of NRS, pays money or delivers anything of value to
another in consideration of having a person placed in his custody or
under his power or control; or
6. Knowingly aids or assists in any manner a person who violates
any provision of this section,
Ê 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 5 years and a
maximum term of not more than 20 years, and may be further punished by a
fine of not more than $50,000.
(Added to NRS by 1989, 1186; A 1995, 1190; 2005, 88 )
ASSAULT AND BATTERY
1. As used in this section:
(a) “Assault” means intentionally placing another person in
reasonable apprehension of immediate bodily harm.
(b) “Officer” means:
(1) A person who possesses some or all of the powers of a
peace officer;
(2) A person employed in a full-time salaried occupation of
fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of
a city or county jail;
(5) A justice of the Supreme Court, district judge, justice
of the peace, municipal judge, magistrate, court commissioner, master or
referee, including a person acting pro tempore in a capacity listed in
this subparagraph; or
(6) An employee of the State or a political subdivision of
the State whose official duties require him to make home visits.
(c) “Provider of health care” means a physician, a physician
assistant, a practitioner of respiratory care, a homeopathic physician,
an advanced practitioner of homeopathy, a homeopathic assistant, an
osteopathic physician, an osteopathic physician’s assistant, a podiatric
physician, a podiatry hygienist, a physical therapist, a medical
laboratory technician, an optometrist, a chiropractor, a chiropractor’s
assistant, a doctor of Oriental medicine, a nurse, a student nurse, a
certified nursing assistant, a nursing assistant trainee, a dentist, a
dental hygienist, a pharmacist, an intern pharmacist, an attendant on an
ambulance or air ambulance, a psychologist, a social worker, a marriage
and family therapist and an emergency medical technician.
(d) “School employee” means a licensed or unlicensed person
employed by a board of trustees of a school district pursuant to NRS
391.100 .
(e) “Sporting event” has the meaning ascribed to it in NRS 41.630
.
(f) “Sports official” has the meaning ascribed to it in NRS 41.630
.
(g) “Taxicab” has the meaning ascribed to it in NRS 706.8816 .
(h) “Taxicab driver” means a person who operates a taxicab.
(i) “Transit operator” means a person who operates a bus or other
vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) of this subsection does not apply to
the circumstances of the crime and the assault is not made with the use
of a deadly weapon, or the present ability to use a deadly weapon, for a
misdemeanor.
(b) If the assault is made with the use of a deadly weapon, or the
present ability to use a deadly weapon, 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, or by a fine of not
more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) of this subsection does not apply to the
circumstances of the crime and if the assault is committed upon an
officer, a provider of health care, a school employee, a taxicab driver
or a transit operator who is performing his duty or upon a sports
official based on the performance of his duties at a sporting event, and
the person charged knew or should have known that the victim was an
officer, a provider of health care, a school employee, a taxicab driver,
a transit operator or a sports official, for a gross misdemeanor, unless
the assault is made with the use of a deadly weapon, or the present
ability to use a deadly weapon, then 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, or by a fine of not
more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of
health care, a school employee, a taxicab driver or a transit operator
who is performing his duty or upon a sports official based on the
performance of his duties at a sporting event by a probationer, a
prisoner who is in lawful custody or confinement or a parolee, and the
probationer, prisoner or parolee charged knew or should have known that
the victim was an officer, a provider of health care, a school employee,
a taxicab driver, a transit operator or a sports official, for a category
D felony as provided in NRS 193.130 ,
unless the assault is made with the use of a deadly weapon, or the
present ability to use a deadly weapon, then 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, or by a fine of not
more than $5,000, or by both fine and imprisonment.
(Added to NRS by 1971, 1384; A 1981, 903; 1985, 248; 1989, 1010;
1991, 124, 774; 1995, 21, 1190, 1321; 1997, 434; 1999, 140 ; 2001, 380 , 986 , 987 ; 2003, 354 ; 2005, 176 )
1. As used in this section:
(a) “Battery” means any willful and unlawful use of force or
violence upon the person of another.
(b) “Child” means a person less than 18 years of age.
(c) “Officer” means:
(1) A person who possesses some or all of the powers of a
peace officer;
(2) A person employed in a full-time salaried occupation of
fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of
a city or county jail or detention facility;
(5) A justice of the Supreme Court, district judge, justice
of the peace, municipal judge, magistrate, court commissioner, master or
referee, including, without limitation, a person acting pro tempore in a
capacity listed in this subparagraph; or
(6) An employee of the State or a political subdivision of
the State whose official duties require him to make home visits.
(d) “Provider of health care” has the meaning ascribed to it in NRS
200.471 .
(e) “School employee” means a licensed or unlicensed person
employed by a board of trustees of a school district pursuant to NRS
391.100 .
(f) “Sporting event” has the meaning ascribed to it in NRS 41.630
.
(g) “Sports official” has the meaning ascribed to it in NRS 41.630
.
(h) “Taxicab” has the meaning ascribed to it in NRS 706.8816 .
(i) “Taxicab driver” means a person who operates a taxicab.
(j) “Transit operator” means a person who operates a bus or other
vehicle as part of a public mass transportation system.
2. Except as otherwise provided in NRS 200.485 , a person convicted of a battery, other than a
battery committed by an adult upon a child which constitutes child abuse,
shall be punished:
(a) If the battery is not committed with a deadly weapon, and no
substantial bodily harm to the victim results, except under circumstances
where a greater penalty is provided in paragraph (d) or in NRS 197.090
, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and
substantial bodily harm to the victim results, for a category C felony as
provided in NRS 193.130 .
(c) If the battery is committed:
(1) Upon an officer, provider of health care, school
employee, taxicab driver or transit operator who was performing his duty
or upon a sports official based on the performance of his duties at a
sporting event;
(2) The officer, provider of health care, school employee,
taxicab driver, transit operator or sports official suffers substantial
bodily harm; and
(3) The person charged knew or should have known that the
victim was an officer, provider of health care, school employee, taxicab
driver, transit operator or sports official,
Ê for a category B felony 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, or by a fine of not more than $10,000, or by both fine and
imprisonment.
(d) If the battery is committed upon an officer, provider of health
care, school employee, taxicab driver or transit operator who is
performing his duty or upon a sports official based on the performance of
his duties at a sporting event and the person charged knew or should have
known that the victim was an officer, provider of health care, school
employee, taxicab driver, transit operator or sports official, for a
gross misdemeanor, except under circumstances where a greater penalty is
provided in this section.
(e) If the battery is committed with the use of a deadly weapon,
and:
(1) No substantial bodily harm to the victim results, for a
category B felony 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.
(2) Substantial bodily harm to the victim results, for a
category B felony 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.
(f) If the battery is committed by a probationer, a prisoner who is
in lawful custody or confinement or a parolee, without the use of a
deadly weapon, whether or not substantial bodily harm results, 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.
(g) If the battery is committed by a probationer, a prisoner who is
in lawful custody or confinement or a parolee, with the use of a deadly
weapon, and:
(1) No substantial bodily harm to the victim results, for a
category B felony 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.
(2) Substantial bodily harm to the victim results, for a
category B felony 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.
(Added to NRS by 1971, 1385; A 1973, 1444; 1975, 1063; 1977, 736;
1979, 213, 1427; 1981, 12, 614; 1983, 673; 1985, 248, 2171; 1987, 515;
1989, 1178; 1991, 154, 774; 1995, 22, 903, 1191, 1321, 1335; 1997, 435,
1180, 1813; 1999, 141 ; 2001, 381 ; 2003, 355 ; 2005, 178 )
[Effective through June 30, 2009.]
1. Unless a greater penalty is provided pursuant to NRS 200.481
, a person convicted of a battery which
constitutes domestic violence pursuant to NRS 33.018 :
(a) For the first offense within 7 years, is guilty of a
misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention
facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120
hours, of community service.
Ê The person shall be further punished by a fine of not less than $200,
but not more than $1,000. A term of imprisonment imposed pursuant to this
paragraph may be served intermittently at the discretion of the judge or
justice of the peace, except that each period of confinement must be not
less than 4 consecutive hours and must occur at a time when the person is
not required to be at his place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a
misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention
facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200
hours, of community service.
Ê The person shall be further punished by a fine of not less than $500,
but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is
guilty of a category C felony and shall be punished as provided in NRS
193.130 .
2. In addition to any other penalty, if a person is convicted of a
battery which constitutes domestic violence pursuant to NRS 33.018 , the court shall:
(a) Except as otherwise provided in this subsection, for the first
offense within 7 years, require him to participate in weekly counseling
sessions of not less than 1 1/2 hours per week for not less than 6
months, but not more than 12 months, at his expense, in a program for the
treatment of persons who commit domestic violence that has been certified
pursuant to NRS 228.470 .
(b) Except as otherwise provided in this subsection, for the second
offense within 7 years, require him to participate in weekly counseling
sessions of not less than 1 1/2 hours per week for 12 months, at his
expense, in a program for the treatment of persons who commit domestic
violence that has been certified pursuant to NRS 228.470 .
Ê If the person resides more than 70 miles from the nearest location at
which counseling services are available, the court may allow the person
to participate in counseling sessions in a program for the treatment of
persons who commit domestic violence that has been certified pursuant to
NRS 228.470 every other week for the
number of months required pursuant to paragraph (a) or (b) so long as the
number of hours of counseling is not less than 6 hours per month. If the
person resides in this State but the nearest location at which counseling
services are available is in another state, the court may allow the
person to participate in counseling in the other state in a program for
the treatment of persons who commit domestic violence that has been
certified pursuant to NRS 228.470 .
3. An offense that occurred within 7 years immediately preceding
the date of the principal offense or after the principal offense
constitutes a prior offense for the purposes of this section when
evidenced by a conviction, without regard to the sequence of the offenses
and convictions. The facts concerning a prior offense must be alleged in
the complaint, indictment or information, must not be read to the jury or
proved at trial but must be proved at the time of sentencing and, if the
principal offense is alleged to be a felony, must also be shown at the
preliminary examination or presented to the grand jury.
4. In addition to any other fine or penalty, the court shall order
such a person to pay an administrative assessment of $35. Any money so
collected must be paid by the clerk of the court to the State Controller
on or before the fifth day of each month for the preceding month for
credit to the Account for Programs Related to Domestic Violence
established pursuant to NRS 228.460 .
5. In addition to any other penalty, the court may require such a
person to participate, at his expense, in a program of treatment for the
abuse of alcohol or drugs that has been certified by the Health Division
of the Department of Health and Human Services.
6. If it appears from information presented to the court that a
child under the age of 18 years may need counseling as a result of the
commission of a battery which constitutes domestic violence pursuant to
NRS 33.018 , the court may refer the
child to an agency which provides child welfare services. If the court
refers a child to an agency which provides child welfare services, the
court shall require the person convicted of a battery which constitutes
domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any
services provided, to the extent of his ability to pay.
7. If a person is charged with committing a battery which
constitutes domestic violence pursuant to NRS 33.018 , a prosecuting attorney shall not dismiss such
a charge in exchange for a plea of guilty or nolo contendere to a lesser
charge or for any other reason unless he knows, or it is obvious, that
the charge is not supported by probable cause or cannot be proved at the
time of trial. A court shall not grant probation to and, except as
otherwise provided in NRS 4.373 and
5.055 , a court shall not suspend the
sentence of such a person.
8. As used in this section:
(a) “Agency which provides child welfare services” has the meaning
ascribed to it in NRS 432B.030 .
(b) “Battery” has the meaning ascribed to it in paragraph (a) of
subsection 1 of NRS 200.481 .
(c) “Offense” includes a battery which constitutes domestic
violence pursuant to NRS 33.018 or a
violation of the law of any other jurisdiction that prohibits the same or
similar conduct.
(Added to NRS by 1997, 1811; A 1999, 1880 ; 2001, 11 , 432 , 2485 , 2922 , 2932 ; 2003, 1481 ; 2005, 29 , 533 )
[Effective July 1, 2009.]
1. Unless a greater penalty is provided pursuant to NRS 200.481
, a person convicted of a battery which
constitutes domestic violence pursuant to NRS 33.018 :
(a) For the first offense within 7 years, is guilty of a
misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention
facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120
hours, of community service.
Ê The person shall be further punished by a fine of not less than $200,
but not more than $1,000. A term of imprisonment imposed pursuant to this
paragraph may be served intermittently at the discretion of the judge or
justice of the peace, except that each period of confinement must be not
less than 4 consecutive hours and must occur at a time when the person is
not required to be at his place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a
misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention
facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200
hours, of community service.
Ê The person shall be further punished by a fine of not less than $500,
but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is
guilty of a category C felony and shall be punished as provided in NRS
193.130 .
2. In addition to any other penalty, if a person is convicted of a
battery which constitutes domestic violence pursuant to NRS 33.018 , the court shall:
(a) For the first offense within 7 years, require him to
participate in weekly counseling sessions of not less than 1 1/2 hours
per week for not less than 6 months, but not more than 12 months, at his
expense, in a program for the treatment of persons who commit domestic
violence that has been certified pursuant to NRS 228.470 .
(b) For the second offense within 7 years, require him to
participate in weekly counseling sessions of not less than 1 1/2 hours
per week for 12 months, at his expense, in a program for the treatment of
persons who commit domestic violence that has been certified pursuant to
NRS 228.470 .
Ê If the person resides in this State but the nearest location at which
counseling services are available is in another state, the court may
allow the person to participate in counseling in the other state in a
program for the treatment of persons who commit domestic violence that
has been certified pursuant to NRS 228.470 .
3. An offense that occurred within 7 years immediately preceding
the date of the principal offense or after the principal offense
constitutes a prior offense for the purposes of this section when
evidenced by a conviction, without regard to the sequence of the offenses
and convictions. The facts concerning a prior offense must be alleged in
the complaint, indictment or information, must not be read to the jury or
proved at trial but must be proved at the time of sentencing and, if the
principal offense is alleged to be a felony, must also be shown at the
preliminary examination or presented to the grand jury.
4. In addition to any other fine or penalty, the court shall order
such a person to pay an administrative assessment of $35. Any money so
collected must be paid by the clerk of the court to the State Controller
on or before the fifth day of each month for the preceding month for
credit to the Account for Programs Related to Domestic Violence
established pursuant to NRS 228.460 .
5. In addition to any other penalty, the court may require such a
person to participate, at his expense, in a program of treatment for the
abuse of alcohol or drugs that has been certified by the Health Division
of the Department of Health and Human Services.
6. If it appears from information presented to the court that a
child under the age of 18 years may need counseling as a result of the
commission of a battery which constitutes domestic violence pursuant to
NRS 33.018 , the court may refer the
child to an agency which provides child welfare services. If the court
refers a child to an agency which provides child welfare services, the
court shall require the person convicted of a battery which constitutes
domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any
services provided, to the extent of his ability to pay.
7. If a person is charged with committing a battery which
constitutes domestic violence pursuant to NRS 33.018 , a prosecuting attorney shall not dismiss such
a charge in exchange for a plea of guilty or nolo contendere to a lesser
charge or for any other reason unless he knows, or it is obvious, that
the charge is not supported by probable cause or cannot be proved at the
time of trial. A court shall not grant probation to and, except as
otherwise provided in NRS 4.373 and
5.055 , a court shall not suspend the
sentence of such a person.
8. As used in this section:
(a) “Agency which provides child welfare services” has the meaning
ascribed to it in NRS 432B.030 .
(b) “Battery” has the meaning ascribed to it in paragraph (a) of
subsection 1 of NRS 200.481 .
(c) “Offense” includes a battery which constitutes domestic
violence pursuant to NRS 33.018 or a
violation of the law of any other jurisdiction that prohibits the same or
similar conduct.
(Added to NRS by 1997, 1811; A 1999, 1880 ; 2001, 11 , 432 , 2485 , 2922 , 2932 ; 2003, 1481 ; 2005, 29 , 533 , effective July 1, 2009)
Every person who shall,
by word, sign or gesture, willfully provoke, or attempt to provoke,
another person to commit an assault shall be punished by a fine of not
more than $500.
[Part 1911 C&P § 150; RL § 6415; NCL § 10097]—(NRS A 1967, 473)
CRIMINAL NEGLECT OF PATIENTS
1. A professional caretaker who fails to provide such service,
care or supervision as is reasonable and necessary to maintain the health
or safety of a patient is guilty of criminal neglect of a patient if:
(a) The act or omission is aggravated, reckless or gross;
(b) The act or omission is such a departure from what would be the
conduct of an ordinarily prudent, careful person under the same
circumstances that it is contrary to a proper regard for danger to human
life or constitutes indifference to the resulting consequences;
(c) The consequences of the negligent act or omission could have
reasonably been foreseen; and
(d) The danger to human life was not the result of inattention,
mistaken judgment or misadventure, but the natural and probable result of
an aggravated reckless or grossly negligent act or omission.
2. Unless a more severe penalty is prescribed by law for the act
or omission which brings about the neglect, a person who commits criminal
neglect of a patient:
(a) If the neglect results in death, 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
20 years.
(b) If the neglect results in substantial bodily harm, 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 6 years, or by a fine of not more than $5,000, or by both
fine and imprisonment.
(c) If the neglect does not result in death or substantial bodily
harm, is guilty of a gross misdemeanor.
3. For the purposes of this section, a patient is not neglected
for the sole reason that:
(a) According to his desire, he is being furnished with treatment
by spiritual means through prayer alone in accordance with the tenets and
practices of a church or religious denomination. Subsection 1 does not
authorize or require any medical care or treatment over the implied or
express objection of such a patient.
(b) Life-sustaining treatment was withheld or withdrawn in
accordance with a valid declaration by the patient or his
attorney-in-fact pursuant to NRS 449.810 .
4. Upon the conviction of a person for a violation of the
provisions of subsection 1, the Attorney General shall give notice of the
conviction to the licensing boards which:
(a) Licensed the facility in which the criminal neglect occurred;
and
(b) If applicable, licensed the person so convicted.
5. As used in this section:
(a) “Medical facility” has the meaning ascribed to it in NRS
449.0151 .
(b) “Patient” means a person who resides or receives health care in
a medical facility.
(c) “Professional caretaker” means a person who:
(1) Holds a license, registration or permit issued pursuant
to title 54 or chapter 449 of NRS;
(2) Is employed by, an agent of or under contract to perform
services for, a medical facility; and
(3) Has responsibility to provide care to patients.
Ê The term does not include a person who is not involved in the
day-to-day operation or management of a medical facility unless that
person has actual knowledge of the criminal neglect of a patient and
takes no action to cure such neglect.
(Added to NRS by 1993, 2497; A 1995, 1192)
ABUSE AND NEGLECT OF CHILDREN
1. A person who willfully causes a child who is less than 18 years
of age to suffer unjustifiable physical pain or mental suffering as a
result of abuse or neglect or to be placed in a situation where the child
may suffer physical pain or mental suffering as the result of abuse or
neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm
is the result of sexual abuse or exploitation, is guilty of a category A
felony and shall be punished by imprisonment in the state prison for life
with the possibility of parole, with eligibility for parole beginning
when a minimum of 15 years has been served; or
(2) In all other such cases to which subparagraph (1) does
not apply, 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 20 years; or
(b) If substantial bodily or mental harm does not result to the
child:
(1) If the person has not previously been convicted of a
violation of this section or of a violation of the law of any other
jurisdiction that prohibits the same or similar conduct, 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 6 years; or
(2) If the person has previously been convicted of a
violation of this section or of a violation of the law of any other
jurisdiction that prohibits the same or similar conduct, 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,
Ê unless a more severe penalty is prescribed by law for an act or
omission that brings about the abuse or neglect.
2. A person who is responsible for the safety or welfare of a
child and who permits or allows that child to suffer unjustifiable
physical pain or mental suffering as a result of abuse or neglect or to
be placed in a situation where the child may suffer physical pain or
mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm
is the result of sexual abuse or exploitation, is guilty of a category A
felony and shall be punished by imprisonment in the state prison for life
with the possibility of parole, with eligibility for parole beginning
when a minimum of 10 years has been served; or
(2) In all other such cases to which subparagraph (1) does
not apply, 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 20 years; or
(b) If substantial bodily or mental harm does not result to the
child:
(1) If the person has not previously been convicted of a
violation of this section or of a violation of the law of any other
jurisdiction that prohibits the same or similar conduct, is guilty of a
gross misdemeanor; or
(2) If the person has previously been convicted of a
violation of this section or of a violation of the law of any other
jurisdiction that prohibits the same or similar conduct, is guilty of a
category C felony and shall be punished as provided in NRS 193.130 ,
Ê unless a more severe penalty is prescribed by law for an act or
omission that brings about the abuse or neglect.
3. A person does not commit a violation of subsection 1 or 2 by
virtue of the sole fact that he delivers or allows the delivery of a
child to a provider of emergency services pursuant to NRS 432B.630 .
4. As used in this section:
(a) “Abuse or neglect” means physical or mental injury of a
nonaccidental nature, sexual abuse, sexual exploitation, negligent
treatment or maltreatment of a child under the age of 18 years, as set
forth in paragraph (d) and NRS 432B.070 , 432B.100 , 432B.110 , 432B.140 and 432B.150 , under circumstances which indicate that the child’s health
or welfare is harmed or threatened with harm.
(b) “Allow” means to do nothing to prevent or stop the abuse or
neglect of a child in circumstances where the person knows or has reason
to know that the child is abused or neglected.
(c) “Permit” means permission that a reasonable person would not
grant and which amounts to a neglect of responsibility attending the
care, custody and control of a minor child.
(d) “Physical injury” means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) “Substantial mental harm” means an injury to the intellectual
or psychological capacity or the emotional condition of a child as
evidenced by an observable and substantial impairment of the ability of
the child to function within his normal range of performance or behavior.
(Added to NRS by 1971, 772; A 1975, 1141; 1977, 738, 1629; 1985,
1399; 1989, 866, 1510, 1512; 1995, 1193; 1997, 850, 1720; 1999, 470
, 472 ; 2001, 1138 , 1264 ; 2003, 22 )
508 for treatment or
counseling.
1. A district attorney may, if the circumstances indicate that
treatment or counseling is needed, refer a person who is suspected of
violating a provision of NRS 200.508 to
an appropriate public or private agency for treatment or counseling. The
district attorney shall obtain the consent of the agency to which he
intends to refer the person before doing so.
2. Nothing in this section limits the discretion of the district
attorney to undertake prosecution of a person who has been referred for
treatment or counseling pursuant to subsection 1.
(Added to NRS by 1981, 1228)
1. A person who willfully:
(a) Mutilates, or aids, abets, encourages or participates in the
mutilation of the genitalia of a female child; or
(b) Removes a female child from this State for the purpose of
mutilating the genitalia of the child,
Ê 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 10 years, and may be further punished by a
fine of not more than $10,000.
2. It is not a defense that:
(a) The person engaging in the conduct prohibited by subsection 1
believes that the conduct is necessary or appropriate as a matter of
custom, ritual or standard practice; or
(b) The child, the parent or legal guardian of the child, or
another person legally responsible for the child has consented to the
conduct prohibited by subsection 1.
3. As used in this section:
(a) “Child” means a person who is under 18 years of age.
(b) “Mutilates the genitalia of a female child” means the removal
or infibulation in whole or in part of the clitoris, vulva, labia major
or labia minor for nonmedical purposes.
(Added to NRS by 1997, 678)
A child is not
abused or neglected, nor is his health or welfare harmed or threatened
for the sole reason that his parent or guardian, in good faith, selects
and depends upon nonmedical remedial treatment for such child, if such
treatment is recognized and permitted under the laws of this State in
lieu of medical treatment.
(Added to NRS by 1979, 437)
ABUSE, NEGLECT, EXPLOITATION OR ISOLATION OF OLDER PERSONS AND VULNERABLE
PERSONS
It is the policy of this State to
provide for the cooperation of law enforcement officials, courts of
competent jurisdiction and all appropriate state agencies providing human
services in identifying the abuse, neglect, exploitation and isolation of
older persons and vulnerable persons through the complete reporting of
abuse, neglect, exploitation and isolation of older persons and
vulnerable persons.
(Added to NRS by 1981, 1334; A 1997, 1348; 2005, 1107 )
As used in NRS 200.5091 to 200.50995 , inclusive, unless the context otherwise
requires:
1. “Abuse” means willful and unjustified:
(a) Infliction of pain, injury or mental anguish on an older person
or a vulnerable person; or
(b) Deprivation of food, shelter, clothing or services which are
necessary to maintain the physical or mental health of an older person or
a vulnerable person.
2. “Exploitation” means any act taken by a person who has the
trust and confidence of an older person or a vulnerable person or any use
of the power of attorney or guardianship of an older person or a
vulnerable person to:
(a) Obtain control, through deception, intimidation or undue
influence, over the older person’s or vulnerable person’s money, assets
or property with the intention of permanently depriving the older person
or vulnerable person of the ownership, use, benefit or possession of his
money, assets or property; or
(b) Convert money, assets or property of the older person or
vulnerable person with the intention of permanently depriving the older
person or vulnerable person of the ownership, use, benefit or possession
of his money, assets or property.
Ê As used in this subsection, “undue influence” does not include the
normal influence that one member of a family has over another.
3. “Isolation” means willfully, maliciously and intentionally
preventing an older person or a vulnerable person from having contact
with another person by:
(a) Intentionally preventing the older person or vulnerable person
from receiving his visitors, mail or telephone calls, including, without
limitation, communicating to a person who comes to visit the older person
or vulnerable person or a person who telephones the older person or
vulnerable person that the older person or vulnerable person is not
present or does not want to meet with or talk to the visitor or caller
knowing that the statement is false, contrary to the express wishes of
the older person or vulnerable person and intended to prevent the older
person or vulnerable person from having contact with the visitor; or
(b) Physically restraining the older person or vulnerable person to
prevent the older person or vulnerable person from meeting with a person
who comes to visit the older person or vulnerable person.
Ê The term does not include an act intended to protect the property or
physical or mental welfare of the older person or vulnerable person or an
act performed pursuant to the instructions of a physician of the older
person or vulnerable person.
4. “Neglect” means the failure of:
(a) A person who has assumed legal responsibility or a contractual
obligation for caring for an older person or a vulnerable person or who
has voluntarily assumed responsibility for his care to provide food,
shelter, clothing or services which are necessary to maintain the
physical or mental health of the older person or vulnerable person; or
(b) An older person or a vulnerable person to provide for his own
needs because of inability to do so.
5. “Older person” means a person who is 60 years of age or older.
6. “Protective services” means services the purpose of which is to
prevent and remedy the abuse, neglect, exploitation and isolation of
older persons. The services may include investigation, evaluation,
counseling, arrangement and referral for other services and assistance.
7. “Vulnerable person” means a person 18 years of age or older who:
(a) Suffers from a condition of physical or mental incapacitation
because of a developmental disability, organic brain damage or mental
illness; or
(b) Has one or more physical or mental limitations that restrict
the ability of the person to perform the normal activities of daily
living.
(Added to NRS by 1981, 1334; A 1983, 1359, 1652; 1995, 2250; 1997,
1348; 1999, 3517 ; 2003, 491 ; 2005, 1108 )
For the purposes of NRS 200.5091 to 200.50995 , inclusive, a person:
1. Has “reasonable cause to believe” if, in light of all the
surrounding facts and circumstances which are known or which reasonably
should be known to the person at the time, a reasonable person would
believe, under those facts and circumstances, that an act, transaction,
event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably practicable” if, in light of all
the surrounding facts and circumstances which are known or which
reasonably should be known to the person at the time, a reasonable person
would act within approximately the same period under those facts and
circumstances.
(Added to NRS by 1999, 3517 )
1. Any person who is described in subsection 4 and who, in his
professional or occupational capacity, knows or has reasonable cause to
believe that an older person has been abused, neglected, exploited or
isolated shall:
(a) Except as otherwise provided in subsection 2, report the abuse,
neglect, exploitation or isolation of the older person to:
(1) The local office of the Aging Services Division of the
Department of Health and Human Services;
(2) A police department or sheriff’s office;
(3) The county’s office for protective services, if one
exists in the county where the suspected action occurred; or
(4) A toll-free telephone service designated by the Aging
Services Division of the Department of Health and Human Services; and
(b) Make such a report as soon as reasonably practicable but not
later than 24 hours after the person knows or has reasonable cause to
believe that the older person has been abused, neglected, exploited or
isolated.
2. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that the abuse,
neglect, exploitation or isolation of the older person involves an act or
omission of the Aging Services Division, another division of the
Department of Health and Human Services or a law enforcement agency, the
person shall make the report to an agency other than the one alleged to
have committed the act or omission.
3. Each agency, after reducing a report to writing, shall forward
a copy of the report to the Aging Services Division of the Department of
Health and Human Services.
4. A report must be made pursuant to subsection 1 by the following
persons:
(a) Every physician, dentist, dental hygienist, chiropractor,
optometrist, podiatric physician, medical examiner, resident, intern,
professional or practical nurse, physician assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse
counselor, athletic trainer, driver of an ambulance, advanced emergency
medical technician or other person providing medical services licensed or
certified to practice in this State, who examines, attends or treats an
older person who appears to have been abused, neglected, exploited or
isolated.
(b) Any personnel of a hospital or similar institution engaged in
the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect,
exploitation or isolation of an older person by a member of the staff of
the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to
provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to
provide nursing in the home.
(f) Any employee of the Department of Health and Human Services.
(g) Any employee of a law enforcement agency or a county’s office
for protective services or an adult or juvenile probation officer.
(h) Any person who maintains or is employed by a facility or
establishment that provides care for older persons.
(i) Any person who maintains, is employed by or serves as a
volunteer for an agency or service which advises persons regarding the
abuse, neglect, exploitation or isolation of an older person and refers
them to persons and agencies where their requests and needs can be met.
(j) Every social worker.
(k) Any person who owns or is employed by a funeral home or
mortuary.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that an older
person has died as a result of abuse, neglect or isolation, the person
shall, as soon as reasonably practicable, report this belief to the
appropriate medical examiner or coroner, who shall investigate the cause
of death of the older person and submit to the appropriate local law
enforcement agencies, the appropriate prosecuting attorney and the Aging
Services Division of the Department of Health and Human Services his
written findings. The written findings must include the information
required pursuant to the provisions of NRS 200.5094 , when possible.
7. A division, office or department which receives a report
pursuant to this section shall cause the investigation of the report to
commence within 3 working days. A copy of the final report of the
investigation conducted by a division, office or department, other than
the Aging Services Division of the Department of Health and Human
Services, must be forwarded to the Aging Services Division within 90 days
after the completion of the report.
8. If the investigation of a report results in the belief that an
older person is abused, neglected, exploited or isolated, the Aging
Services Division of the Department of Health and Human Services or the
county’s office for protective services may provide protective services
to the older person if he is able and willing to accept them.
9. A person who knowingly and willfully violates any of the
provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1981, 1334; A 1983, 1653; 1985, 1491; 1987, 2130,
2218; 1989, 904; 1991, 135; 1993, 2226; 1995, 2250; 1997, 108, 1349,
2608, 2610, 2637, 2639; 1999, 137 , 2242 , 2245 , 2248 , 3518 ; 2001, 158 , 161 , 776 ; 2003, 905 ; 2005, 1109 , 2172 )
1. Any person who is described in subsection 3 and who, in his
professional or occupational capacity, knows or has reasonable cause to
believe that a vulnerable person has been abused, neglected, exploited or
isolated shall:
(a) Report the abuse, neglect, exploitation or isolation of the
vulnerable person to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not
later than 24 hours after the person knows or has reasonable cause to
believe that the vulnerable person has been abused, neglected, exploited
or isolated.
2. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that the abuse,
neglect, exploitation or isolation of the vulnerable person involves an
act or omission of a law enforcement agency, the person shall make the
report to a law enforcement agency other than the one alleged to have
committed the act or omission.
3. A report must be made pursuant to subsection 1 by the following
persons:
(a) Every physician, dentist, dental hygienist, chiropractor,
optometrist, podiatric physician, medical examiner, resident, intern,
professional or practical nurse, physician assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse
counselor, athletic trainer, driver of an ambulance, advanced emergency
medical technician or other person providing medical services licensed or
certified to practice in this State, who examines, attends or treats a
vulnerable person who appears to have been abused, neglected, exploited
or isolated.
(b) Any personnel of a hospital or similar institution engaged in
the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect,
exploitation or isolation of a vulnerable person by a member of the staff
of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to
provide nursing in the home.
(e) Any employee of the Department of Health and Human Services.
(f) Any employee of a law enforcement agency or an adult or
juvenile probation officer.
(g) Any person who maintains or is employed by a facility or
establishment that provides care for vulnerable persons.
(h) Any person who maintains, is employed by or serves as a
volunteer for an agency or service which advises persons regarding the
abuse, neglect, exploitation or isolation of a vulnerable person and
refers them to persons and agencies where their requests and needs can be
met.
(i) Every social worker.
(j) Any person who owns or is employed by a funeral home or
mortuary.
4. A report may be made by any other person.
5. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that a vulnerable
person has died as a result of abuse, neglect or isolation, the person
shall, as soon as reasonably practicable, report this belief to the
appropriate medical examiner or coroner, who shall investigate the cause
of death of the vulnerable person and submit to the appropriate local law
enforcement agencies and the appropriate prosecuting attorney his written
findings. The written findings must include the information required
pursuant to the provisions of NRS 200.5094 , when possible.
6. A law enforcement agency which receives a report pursuant to
this section shall immediately initiate an investigation of the report.
7. A person who knowingly and willfully violates any of the
provisions of this section is guilty of a misdemeanor.
(Added to NRS by 2005, 1106 )
1. A person may make a report pursuant to NRS 200.5093 or 200.50935 by telephone or, in light of all the
surrounding facts and circumstances which are known or which reasonably
should be known to the person at the time, by any other means of oral,
written or electronic communication that a reasonable person would
believe, under those facts and circumstances, is a reliable and swift
means of communicating information to the person who receives the report.
If the report is made orally, the person who receives the report must
reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, when
possible:
(a) The name and address of the older person or vulnerable person;
(b) The name and address of the person responsible for his care, if
there is one;
(c) The name and address, if available, of the person who is
alleged to have abused, neglected, exploited or isolated the older person
or vulnerable person;
(d) The nature and extent of the abuse, neglect, exploitation or
isolation of the older person or vulnerable person;
(e) Any evidence of previous injuries; and
(f) The basis of the reporter’s belief that the older person or
vulnerable person has been abused, neglected, exploited or isolated.
(Added to NRS by 1981, 1335; A 1983, 1654; 1997, 1351; 1999, 3520
; 2005, 1110 )
1. Reports made pursuant to NRS 200.5093 , 200.50935 and 200.5094 , and records and investigations relating to
those reports, are confidential.
2. A person, law enforcement agency or public or private agency,
institution or facility who willfully releases data or information
concerning the reports and investigation of the abuse, neglect,
exploitation or isolation of older persons or vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982 ;
or
(c) To persons or agencies enumerated in subsection 3,
Ê is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 2 and NRS 200.50982
, data or information concerning the
reports and investigations of the abuse, neglect, exploitation or
isolation of an older person or a vulnerable person is available only to:
(a) A physician who is providing care to an older person or a
vulnerable person who may have been abused, neglected, exploited or
isolated;
(b) An agency responsible for or authorized to undertake the care,
treatment and supervision of the older person or vulnerable person;
(c) A district attorney or other law enforcement official who
requires the information in connection with an investigation of the
abuse, neglect, exploitation or isolation of the older person or
vulnerable person;
(d) A court which has determined, in camera, that public disclosure
of such information is necessary for the determination of an issue before
it;
(e) A person engaged in bona fide research, but the identity of the
subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records
is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another
jurisdiction;
(h) A legal guardian of the older person or vulnerable person, if
the identity of the person who was responsible for reporting the alleged
abuse, neglect, exploitation or isolation of the older person or
vulnerable person to the public agency is protected, and the legal
guardian of the older person or vulnerable person is not the person
suspected of such abuse, neglect, exploitation or isolation;
(i) If the older person or vulnerable person is deceased, the
executor or administrator of his estate, if the identity of the person
who was responsible for reporting the alleged abuse, neglect,
exploitation or isolation of the older person or vulnerable person to the
public agency is protected, and the executor or administrator is not the
person suspected of such abuse, neglect, exploitation or isolation; or
(j) The older person or vulnerable person named in the report as
allegedly being abused, neglected, exploited or isolated, if that person
is not legally incompetent.
4. If the person who is reported to have abused, neglected,
exploited or isolated an older person or a vulnerable person is the
holder of a license or certificate issued pursuant to chapters 449 , 630 to 641B , inclusive, or 654 of NRS, information contained in the report must be submitted to the
board that issued the license.
(Added to NRS by 1981, 1335; A 1983, 1654; 1995, 2252; 1997, 1351;
2003, 906 ; 2005, 1111 )
A law enforcement agency shall promptly seek
to obtain a warrant for the arrest of any person the agency has probable
cause to believe is criminally responsible for the abuse, neglect,
exploitation or isolation of an older person or a vulnerable person.
(Added to NRS by 1997, 1348; A 2005, 1112 )
Immunity from civil
or criminal liability extends to every person who, pursuant to NRS
200.5091 to 200.50995 , inclusive, in good faith:
1. Participates in the making of a report;
2. Causes or conducts an investigation of alleged abuse, neglect,
exploitation or isolation of an older person or a vulnerable person; or
3. Submits information contained in a report to a licensing board
pursuant to subsection 4 of NRS 200.5095 .
(Added to NRS by 1981, 1336; A 1995, 2253; 1997, 1352; 2005, 1112
)
In any proceeding
resulting from a report made or action taken pursuant to NRS 200.5091
to 200.50995 , inclusive, or in any other proceeding, the
report or its contents or any other fact related thereto or to the
condition of the older person or vulnerable person who is the subject of
the report may not be excluded on the ground that the matter would
otherwise be privileged against disclosure under chapter 49 of NRS.
(Added to NRS by 1981, 1336; A 2005, 1112 )
1. The Aging Services Division of the Department of Health and
Human Services shall:
(a) Identify and record demographic information on the older person
who is alleged to have been abused, neglected, exploited or isolated and
the person who is alleged to be responsible for such abuse, neglect,
exploitation or isolation.
(b) Obtain information from programs for preventing abuse of older
persons, analyze and compare the programs, and make recommendations to
assist the organizers of the programs in achieving the most efficient and
effective service possible.
(c) Publicize the provisions of NRS 200.5091 to 200.50995 , inclusive.
2. The Administrator of the Aging Services Division of the
Department may organize one or more teams to assist in strategic
assessment and planning of protective services, issues regarding the
delivery of service, programs or individual plans for preventing,
identifying, remedying or treating abuse, neglect, exploitation or
isolation of older persons. Members of the team serve at the invitation
of the administrator and must be experienced in preventing, identifying,
remedying or treating abuse, neglect, exploitation or isolation of older
persons. The team may include representatives of other organizations
concerned with education, law enforcement or physical or mental health.
3. The team may receive otherwise confidential information and
records pertaining to older persons to assist in assessing and planning.
The confidentiality of any information or records received must be
maintained under the terms or conditions required by law. The content of
any discussion regarding information or records received by the team
pursuant to this subsection is not subject to discovery and a member of
the team shall not testify regarding any discussion which occurred during
the meeting. Any information disclosed in violation of this subsection is
inadmissible in all judicial proceedings.
(Added to NRS by 1981, 1335; A 1983, 1655; 1991, 134; 1997, 1352)
The provisions of NRS 200.5091 to 200.50995 , inclusive, do not prohibit an agency which
is investigating a report of abuse, neglect, exploitation or isolation,
or which provides protective services, from disclosing data or
information concerning the reports and investigations of the abuse,
neglect, exploitation or isolation of an older person or a vulnerable
person to other federal, state or local agencies or the legal
representatives of the older person or vulnerable person on whose behalf
the investigation is being conducted if:
1. The agency making the disclosure determines that the disclosure
is in the best interest of the older person or vulnerable person; and
2. Proper safeguards are taken to ensure the confidentiality of
the information.
(Added to NRS by 1995, 2249; A 1997, 1353; 2005, 1112 )
1. Notwithstanding any other statute to the contrary, the local
office of the Aging Services Division of the Department of Health and
Human Services and a county’s office for protective services, if one
exists in the county where a violation is alleged to have occurred, may
for the purpose of investigating an alleged violation of NRS 200.5091
to 200.50995 , inclusive, inspect all records pertaining
to the older person on whose behalf the investigation is being conducted,
including, but not limited to, that person’s medical and financial
records.
2. Except as otherwise provided in this subsection, if a guardian
has not been appointed for the older person, the Aging Services Division
or the county’s office for protective services shall obtain the consent
of the older person before inspecting those records. If the Aging
Services Division or the county’s office for protective services
determines that the older person is unable to consent to the inspection,
the inspection may be conducted without his consent. Except as otherwise
provided in this subsection, if a guardian has been appointed for the
older person, the Aging Services Division or the county’s office for
protective services shall obtain the consent of the guardian before
inspecting those records. If the Aging Services Division or the county’s
office for protective services has reasonable cause to believe that the
guardian is abusing, neglecting, exploiting or isolating the older
person, the inspection may be conducted without the consent of the
guardian, except that if the records to be inspected are in the personal
possession of the guardian, the inspection must be approved by a court of
competent jurisdiction.
(Added to NRS by 1995, 2249; A 1997, 1353, 2611, 2641; 1999, 139
, 2242 , 2247 , 2248 , 3521 )
The local office of the Aging Services Division of the Department of
Health and Human Services or the county’s office for protective services
may petition a court in accordance with NRS 159.185 , 159.1853
or 159.1905 for the removal of the
guardian of an older person, or the termination or modification of that
guardianship, if, based on its investigation, the Aging Services Division
or the county’s office of protective services has reasonable cause to
believe that the guardian is abusing, neglecting, exploiting or isolating
the older person in violation of NRS 200.5091 to 200.50995 , inclusive.
(Added to NRS by 1995, 2250; A 1997, 1354, 2612, 2641; 1999, 139
, 2242 , 2248 , 3521 ; 2001, 269 ; 2003, 1803 )
1. Except as otherwise provided in subsection 6, any person who
abuses an older person or a vulnerable person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense or if the person has been previously
convicted of violating a law of any other jurisdiction that prohibits the
same or similar conduct, 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 6 years, unless a more severe
penalty is prescribed by law for the act or omission which brings about
the abuse.
2. Except as otherwise provided in subsection 7, any person who
has assumed responsibility, legally, voluntarily or pursuant to a
contract, to care for an older person or a vulnerable person and who:
(a) Neglects the older person or vulnerable person, causing the
older person or vulnerable person to suffer physical pain or mental
suffering;
(b) Permits or allows the older person or vulnerable person to
suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person or vulnerable person to be
placed in a situation where the older person or vulnerable person may
suffer physical pain or mental suffering as the result of abuse or
neglect,
Ê is guilty of a gross misdemeanor unless a more severe penalty is
prescribed by law for the act or omission which brings about the abuse or
neglect.
3. Except as otherwise provided in subsection 4, any person who
exploits an older person or a vulnerable person shall be punished, if the
value of any money, assets and property obtained or used:
(a) Is less than $250, for a misdemeanor by imprisonment in the
county jail for not more than 1 year, or by a fine of not more than
$2,000, or by both fine and imprisonment;
(b) Is at least $250, but less than $5,000, for a category B felony
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, or by a fine of not
more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony by imprisonment in
the state prison for a minimum term of not less than 2 years and a
maximum term of not more than 20 years, or by a fine of not more than
$25,000, or by both fine and imprisonment,
Ê unless a more severe penalty is prescribed by law for the act which
brought about the exploitation. The monetary value of all of the money,
assets and property of the older person or vulnerable person which have
been obtained or used, or both, may be combined for the purpose of
imposing punishment for an offense charged pursuant to this subsection.
4. If a person exploits an older person or a vulnerable person and
the monetary value of any money, assets and property obtained cannot be
determined, the person shall be punished for a gross misdemeanor by
imprisonment in the county jail for not more than 1 year, or by a fine of
not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person or a vulnerable person
is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense, 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 10 years, and may
be further punished by a fine of not more than $5,000.
6. A person who violates any provision of subsection 1, if
substantial bodily or mental harm or death results to the older person or
vulnerable person, 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 20 years, unless a more severe
penalty is prescribed by law for the act or omission which brings about
the abuse.
7. A person who violates any provision of subsection 2, if
substantial bodily or mental harm or death results to the older person or
vulnerable person, shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2
years and a maximum term of not more than 6 years, unless a more severe
penalty is prescribed by law for the act or omission which brings about
the abuse or neglect.
8. In addition to any other penalty imposed against a person for a
violation of any provision of NRS 200.5091 to 200.50995 , inclusive, the court shall order the person
to pay restitution.
9. As used in this section:
(a) “Allow” means to take no action to prevent or stop the abuse or
neglect of an older person or a vulnerable person if the person knows or
has reason to know that the older person or vulnerable person is being
abused or neglected.
(b) “Permit” means permission that a reasonable person would not
grant and which amounts to a neglect of responsibility attending the care
and custody of an older person or a vulnerable person.
(c) “Substantial mental harm” means an injury to the intellectual
or psychological capacity or the emotional condition of an older person
or a vulnerable person as evidenced by an observable and substantial
impairment of the ability of the older person or vulnerable person to
function within his normal range of performance or behavior.
(Added to NRS by 1981, 1336; A 1983, 1652, 1655; 1985, 249; 1995,
1194, 2253; 1997, 110, 1354; 2003, 2567 ; 2005, 1113 )
A person who conspires
with another to commit abuse, exploitation or isolation of an older
person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:
1. For the first offense, for a gross misdemeanor.
2. For the second and all subsequent offenses, for a category C
felony as provided in NRS 193.130 .
Ê Each person found guilty of such a conspiracy is jointly and severally
liable for the restitution ordered by the court pursuant to NRS 200.5099
with each other person found guilty of
the conspiracy.
(Added to NRS by 1997, 1347; A 2003, 2568 ; 2005, 1114 )
LIBEL
1. A libel is a malicious defamation, expressed by printing,
writing, signs, pictures or the like, tending to blacken the memory of
the dead, or to impeach the honesty, integrity, virtue, or reputation, or
to publish the natural defects of a living person or persons, or
community of persons, or association of persons, and thereby to expose
them to public hatred, contempt or ridicule.
2. Every person, whether the writer or publisher, convicted of the
offense is guilty of a gross misdemeanor.
3. In all prosecutions for libel the truth may be given in
evidence to the jury, and, if it shall appear to the jury that the matter
charged as libelous is true and was published for good motive and for
justifiable ends, the party shall be acquitted, and the jury shall have
the right to determine the law and the fact.
[1911 C&P § 163; A 1915, 423; 1919 RL § 6428; NCL § 10110]—(NRS A
1967, 473)
Any method by which matter
charged as libelous may be communicated to another shall be deemed a
publication thereof.
[1911 C&P § 164; RL § 6429; NCL § 10111]
Every editor or
proprietor of a book, newspaper or serial, and every manager of a
copartnership or corporation by which any book, newspaper or serial is
issued, is chargeable with the publication of any matter contained in any
such book, newspaper or serial, but in every prosecution for libel the
defendant may show in his defense that the matter complained of was
published without his knowledge or fault and against his wishes by
another who had no authority from him to make such publication, and was
retracted by him as soon as known with an equal degree of publicity.
[1911 C&P § 165; RL § 6430; NCL § 10112]
Every person publishing
a libel in this state may be proceeded against in any county where such
libelous matter was published or circulated, but a person shall not be
proceeded against for the publication of the same libel against the same
person in more than one county.
[1911 C&P § 166; RL § 6431; NCL § 10113]
Every
person who shall willfully state, deliver or transmit by any means
whatever to any manager, editor, publisher, reporter or other employee of
a publisher of any newspaper, magazine, publication, periodical or serial
any statement concerning any person or corporation which, if published
therein, would be a libel shall be guilty of a misdemeanor.
[1911 C&P § 167; RL § 6432; NCL § 10114]
Every person
who shall threaten another with the publication of a libel concerning the
latter, or his spouse, parent, child or other member of his family, and
every person who offers to prevent the publication of a libel upon
another person upon condition of the payment of, or with intent to
extort, money or other valuable consideration from any person, shall be
guilty of a gross misdemeanor.
[1911 C&P § 168; RL § 6433; NCL § 10115]
HARASSMENT AND STALKING
1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person
threatened or to any other person;
(2) To cause physical damage to the property of another
person;
(3) To subject the person threatened or any other person to
physical confinement or restraint; or
(4) To do any act which is intended to substantially harm
the person threatened or any other person with respect to his physical or
mental health or safety; and
(b) The person by words or conduct places the person receiving the
threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 or 3 of NRS 200.575
are applicable, a person who is guilty
of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross
misdemeanor.
3. The penalties provided in this section do not preclude the
victim from seeking any other legal remedy available.
(Added to NRS by 1989, 897; A 1993, 510; 2001, 2785 )
1. A person who, without lawful authority, willfully or
maliciously engages in a course of conduct that would cause a reasonable
person to feel terrorized, frightened, intimidated or harassed, and that
actually causes the victim to feel terrorized, frightened, intimidated or
harassed, commits the crime of stalking. Except where the provisions of
subsection 2 or 3 are applicable, a person who commits the crime of
stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who commits the crime of stalking and in conjunction
therewith threatens the person with the intent to cause him to be placed
in reasonable fear of death or substantial bodily harm commits the crime
of aggravated stalking. A person who commits the crime of aggravated
stalking shall be punished for a category B felony 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 $5,000.
3. A person who commits the crime of stalking with the use of an
Internet or network site or electronic mail or any other similar means of
communication to publish, display or distribute information in a manner
that substantially increases the risk of harm or violence to the victim
shall be punished for a category C felony as provided in NRS 193.130
.
4. Except as otherwise provided in subsection 2 of NRS 200.571
, a criminal penalty provided for in
this section may be imposed in addition to any penalty that may be
imposed for any other criminal offense arising from the same conduct or
for any contempt of court arising from the same conduct.
5. The penalties provided in this section do not preclude the
victim from seeking any other legal remedy available.
6. As used in this section:
(a) “Course of conduct” means a pattern of conduct which consists
of a series of acts over time that evidences a continuity of purpose
directed at a specific person.
(b) “Internet or network site” has the meaning ascribed to it in
NRS 205.4744 .
(c) “Network” has the meaning ascribed to it in NRS 205.4745 .
(d) “Provider of Internet service” has the meaning ascribed to it
in NRS 205.4758 .
(e) “Without lawful authority” includes acts which are initiated or
continued without the victim’s consent. The term does not include acts
which are otherwise protected or authorized by constitutional or
statutory law, regulation or order of a court of competent jurisdiction,
including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or
any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or
other person while gathering information for communication to the public
if that person is employed or engaged by or has contracted with a
newspaper, periodical, press association or radio or television station
and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the
normal course of his lawful employment.
(4) Any activities carried out in the exercise of the
constitutionally protected rights of freedom of speech and assembly.
(Added to NRS by 1993, 509; A 1995, 59, 1195, 1324; 1999, 1377
; 2001, 665 , 2785 , 2800 ; 2003, 198 )
Harassment, stalking or
aggravated stalking shall be deemed to have been committed where the
conduct occurred or where the person who was affected by the conduct was
located at the time that the conduct occurred.
(Added to NRS by 1989, 897; A 1993, 510; 1995, 60; 2001, 666 )
1. In addition to any other remedy provided by law, a person who
reasonably believes that the crime of stalking, aggravated stalking or
harassment is being committed against him by another person may petition
any court of competent jurisdiction for a temporary or extended order
directing the person who is allegedly committing the crime to:
(a) Stay away from the home, school, business or place of
employment of the victim of the alleged crime and any other location
specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise
interfering with the victim of the alleged crime and any other person
named in the order, including, without limitation, a member of the family
or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the court deems
necessary to protect the victim of the alleged crime or to protect any
other person named in the order, including, without limitation, a member
of the family or the household of the victim of the alleged crime.
2. If a defendant charged with a crime involving harassment,
stalking or aggravated stalking is released from custody before trial or
is found guilty at the trial, the court may issue a temporary or extended
order or provide as a condition of the release or sentence that the
defendant:
(a) Stay away from the home, school, business or place of
employment of the victim of the alleged crime and any other location
specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise
interfering with the victim of the alleged crime and any other person
named in the order, including, without limitation, a member of the family
or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the court deems
necessary to protect the victim of the alleged crime or to protect any
other person named in the order, including, without limitation, a member
of the family or the household of the victim of the alleged crime.
3. A temporary order may be granted with or without notice to the
adverse party. An extended order may be granted only after:
(a) Notice of the petition for the order and of the hearing thereon
is served upon the adverse party pursuant to the Nevada Rules of Civil
Procedure; and
(b) A hearing is held on the petition.
4. If an extended order is issued by a Justice Court, an
interlocutory appeal lies to the district court, which may affirm, modify
or vacate the order in question. The appeal may be taken without bond,
but its taking does not stay the effect or enforcement of the order.
5. Unless a more severe penalty is prescribed by law for the act
that constitutes the violation of the order, any person who intentionally
violates:
(a) A temporary order is guilty of a gross misdemeanor.
(b) An extended order is guilty of a category C felony and shall be
punished as provided in NRS 193.130 .
6. Any court order issued pursuant to this section must:
(a) Be in writing;
(b) Be personally served on the person to whom it is directed; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest.
(2) Is a gross misdemeanor if the order is a temporary order.
(3) Is a category C felony if the order is an extended order.
(Added to NRS by 1989, 897; A 1993, 510; 1995, 61, 1324; 2005, 953
)
1. The payment of all costs and official fees must be deferred for
any person who petitions a court for a temporary or extended order
pursuant to NRS 200.591 . After any
hearing and not later than final disposition of such an application or
order, the court shall assess the costs and fees against the adverse
party, except that the court may reduce them or waive them, as justice
may require.
2. The clerk of the court shall provide a person who petitions the
court for a temporary or extended order pursuant to NRS 200.591 and the adverse party, free of cost, with
information about the:
(a) Availability of temporary and extended orders pursuant to NRS
200.591 ;
(b) Procedure for filing an application for such an order; and
(c) Right to proceed without legal counsel.
3. A person who obtains an order pursuant to NRS 200.591 must not be charged any fee to have the order
served in this State.
(Added to NRS by 2001, 1671 )
1. A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed 30
days, as the court fixes. If a petition for an extended order is filed
within the period of a temporary order, the temporary order remains in
effect until the hearing on the extended order is held.
2. On 2 days’ notice to the party who obtained the temporary
order, the adverse party may appear and move its dissolution or
modification, and in that event the court shall proceed to hear and
determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not to exceed 1
year, as the court fixes. A temporary order may be converted by the
court, upon notice to the adverse party and a hearing, into an extended
order effective for no more than 1 year.
(Added to NRS by 1995, 59)
1. Each court that issues an order pursuant to NRS 200.591 shall transmit, as soon as practicable, a copy
of the order to all law enforcement agencies within its jurisdiction. The
copy must include a notation of the date on which the order was
personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may arrest and take into
custody a person when the peace officer has probable cause to believe
that:
(a) An order has been issued pursuant to NRS 200.591 to the person to be arrested;
(b) The person to be arrested has been served with a copy of the
order; and
(c) The person to be arrested is acting in violation of the order.
3. Any law enforcement agency in this State may enforce a court
order issued pursuant to NRS 200.591 .
(Added to NRS by 1995, 59; A 2005, 955 )
1. The prosecuting attorney in any trial brought against a person
on a charge of harassment, stalking or aggravated stalking shall inform
the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and the court issues an order
or provides a condition of his sentence restricting the ability of the
defendant to have contact with the victim or witnesses, the clerk of the
court shall:
(a) Keep a record of the order or condition of the sentence; and
(b) Provide a certified copy of the order or condition of the
sentence to the victim and other persons named in the order.
(Added to NRS by 1989, 898; A 1993, 511)
PEEPING
1. A person shall not knowingly enter upon the property or
premises of another or upon the property or premises owned by him and
leased or rented to another with the intent to surreptitiously conceal
himself on the property or premises and peer, peep or spy through a
window, door or other opening of a building or structure that is used as
a dwelling on the property or premises.
2. A person who violates subsection 1 is guilty of:
(a) If the person is in possession of a deadly weapon at the time
of the violation, 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 6 years, and may be further
punished by a fine of not more than $5,000.
(b) If the person is not in possession of a deadly weapon at the
time of the violation, but is in possession of a photographic or digital
camera, video camera or other device capable of recording images or sound
at the time of the violation, a gross misdemeanor.
(c) If the person is not in possession of a deadly weapon or a
photographic or digital camera, video camera or other device capable of
recording images or sound at the time of the violation, a misdemeanor.
3. This section does not apply to:
(a) A law enforcement officer conducting a criminal investigation
or surveillance;
(b) A building inspector, building official or other similar
authority employed by a governmental body while performing his duties; or
(c) An employee of a public utility while performing his duties.
(Added to NRS by 2005, 930 )
HAZING
1. A person who engages in hazing is guilty of:
(a) A misdemeanor, if no substantial bodily harm results.
(b) A gross misdemeanor, if substantial bodily harm results.
2. Consent of a victim of hazing is not a valid defense to a
prosecution conducted pursuant to this section.
3. For the purposes of this section, an activity shall be deemed
to be “forced” if initiation into or affiliation with a student
organization, academic association or athletic team is directly or
indirectly conditioned upon participation in the activity.
4. As used in this section, “hazing” means an activity in which a
person intentionally or recklessly endangers the physical health of
another person for the purpose of initiation into or affiliation with a
student organization, academic association or athletic team at a high
school, college or university in this state. The term:
(a) Includes, without limitation, any physical brutality or brutal
treatment, including, without limitation, whipping, beating, branding,
forced calisthenics, exposure to the elements or forced consumption of
food, liquor, drugs or other substances.
(b) Does not include any athletic, curricular, extracurricular or
quasi-military practice, conditioning or competition that is sponsored or
approved by the high school, college or university.
(Added to NRS by 1999, 1065 )
INTERCEPTION AND DISCLOSURE OF WIRE AND RADIO COMMUNICATIONS OR PRIVATE
CONVERSATIONS
As used in NRS 200.610 to 200.690 ,
inclusive:
1. “Person” includes public officials and law enforcement officers
of the State and of a county or municipality or other political
subdivision of the State.
2. “Wire communication” means the transmission of writing, signs,
signals, pictures and sounds of all kinds by wire, cable, or other
similar connection between the points of origin and reception of such
transmission, including all facilities and services incidental to such
transmission, which facilities and services include, among other things,
the receipt, forwarding and delivering of communications.
3. “Radio communication” means the transmission of writing, signs,
signals, pictures, and sounds of all kinds by radio or other wireless
methods, including all facilities and services incidental to such
transmission, which facilities and services include, among other things,
the receipt, forwarding and delivering of communications. The term does
not include the transmission of writing, signs, signals, pictures and
sounds broadcast by amateurs or public or municipal agencies of the State
of Nevada, or by others for the use of the general public.
(Added to NRS by 1957, 334; A 1985, 512)
1. Except as otherwise provided in NRS 179.410 to 179.515 ,
inclusive, 209.419 and 704.195 , it is unlawful for any person to intercept or attempt to
intercept any wire communication unless:
(a) The interception or attempted interception is made with the
prior consent of one of the parties to the communication; and
(b) An emergency situation exists and it is impractical to obtain a
court order as required by NRS 179.410
to 179.515 , inclusive, before the
interception, in which event the interception is subject to the
requirements of subsection 3. If the application for ratification is
denied, any use or disclosure of the information so intercepted is
unlawful, and the person who made the interception shall notify the
sender and the receiver of the communication that:
(1) The communication was intercepted; and
(2) Upon application to the court, ratification of the
interception was denied.
2. This section does not apply to any person, or to the officers,
employees or agents of any person, engaged in the business of providing
service and facilities for wire communication where the interception or
attempted interception is to construct, maintain, conduct or operate the
service or facilities of that person.
3. Any person who has made an interception in an emergency
situation as provided in paragraph (b) of subsection 1 shall, within 72
hours of the interception, make a written application to a justice of the
Supreme Court or district judge for ratification of the interception. The
interception must not be ratified unless the applicant shows that:
(a) An emergency situation existed and it was impractical to obtain
a court order before the interception; and
(b) Except for the absence of a court order, the interception met
the requirements of NRS 179.410 to
179.515 , inclusive.
4. NRS 200.610 to 200.690 , inclusive, do not prohibit the recording, and
NRS 179.410 to 179.515 , inclusive, do not prohibit the reception in
evidence, of conversations on wire communications installed in the office
of an official law enforcement or fire-fighting agency, or a public
utility, if the equipment used for the recording is installed in a
facility for wire communications or on a telephone with a number listed
in a directory, on which emergency calls or requests by a person for
response by the law enforcement or fire-fighting agency or public utility
are likely to be received. In addition, those sections do not prohibit
the recording or reception in evidence of conversations initiated by the
law enforcement or fire-fighting agency or public utility from such a
facility or telephone in connection with responding to the original call
or request, if the agency or public utility informs the other party that
the conversation is being recorded.
(Added to NRS by 1957, 334; A 1973, 1748; 1975, 747; 1983, 120,
681; 1989, 659)
1. Except as otherwise provided in NRS 179.410 to 179.515 ,
inclusive, and 704.195 , a person shall not disclose the existence, content,
substance, purport, effect or meaning of any wire or radio communication
to any person unless authorized to do so by either the sender or receiver.
2. This section does not apply to any person, or the officers,
employees or agents of any person, engaged in furnishing service or
facilities for wire or radio communication where the disclosure is made:
(a) For the purpose of construction, maintenance, conduct or
operation of the service or facilities of such a person;
(b) To the intended receiver, his agent or attorney;
(c) In response to a subpoena issued by a court of competent
jurisdiction; or
(d) On written demand of other lawful authority.
(Added to NRS by 1957, 334; A 1973, 1749; 1989, 660)
Except as otherwise provided in NRS 179.410 to 179.515 ,
inclusive, and 200.620 , a person shall
not make any connection, either physically or by induction, with the wire
or radio communication facilities of any person engaged in the business
of providing service and facilities for communication unless the
connection is authorized by the person providing the service and
facilities.
(Added to NRS by 1957, 335; A 1973, 1749; 1981, 1561)
Except as otherwise provided in NRS 179.410
to 179.515 , inclusive, and 704.195 , a person shall not intrude upon the privacy of other persons
by surreptitiously listening to, monitoring or recording, or attempting
to listen to, monitor or record, by means of any mechanical, electronic
or other listening device, any private conversation engaged in by the
other persons, or disclose the existence, content, substance, purport,
effect or meaning of any conversation so listened to, monitored or
recorded, unless authorized to do so by one of the persons engaging in
the conversation.
(Added to NRS by 1957, 335; A 1973, 1749; 1989, 660)
1. A person who willfully and knowingly violates NRS 200.620
to 200.650 , inclusive:
(a) Shall be punished for a category D felony as provided in NRS
193.130 .
(b) Is liable to a person whose wire or oral communication is
intercepted without his consent for:
(1) Actual damages or liquidated damages of $100 per day of
violation but not less than $1,000, whichever is greater;
(2) Punitive damages; and
(3) His costs reasonably incurred in the action, including a
reasonable attorney’s fee,
Ê all of which may be recovered by civil action.
2. A good faith reliance by a public utility on a written request
for interception by one party to a conversation is a complete defense to
any civil or criminal action brought against the public utility on
account of the interception.
(Added to NRS by 1957, 336; A 1967, 474; 1973, 1749; 1995, 1195)
PORNOGRAPHY INVOLVING MINORS
As used in NRS 200.700 to 200.760 ,
inclusive, unless the context otherwise provides:
1. “Performance” means any play, film, photograph,
computer-generated image, electronic representation, dance or other
visual presentation.
2. “Promote” means to produce, direct, procure, manufacture, sell,
give, lend, publish, distribute, exhibit, advertise or possess for the
purpose of distribution.
3. “Sexual conduct” means sexual intercourse, lewd exhibition of
the genitals, fellatio, cunnilingus, bestiality, anal intercourse,
excretion, sado-masochistic abuse, masturbation, or the penetration of
any part of a person’s body or of any object manipulated or inserted by a
person into the genital or anal opening of the body of another.
4. “Sexual portrayal” means the depiction of a person in a manner
which appeals to the prurient interest in sex and which does not have
serious literary, artistic, political or scientific value.
(Added to NRS by 1983, 814; A 1995, 950)
1. A person who knowingly uses, encourages, entices or permits a
minor to simulate or engage in or assist others to simulate or engage in
sexual conduct to produce a performance is guilty of a category A felony
and shall be punished as provided in NRS 200.750 .
2. A person who knowingly uses, encourages, entices, coerces or
permits a minor to be the subject of a sexual portrayal in a performance
is guilty of a category A felony and shall be punished as provided in NRS
200.750 , regardless of whether the
minor is aware that the sexual portrayal is part of a performance.
(Added to NRS by 1979, 437; A 1983, 815; 1995, 951, 1196, 1337)
A
person who knowingly promotes a performance of a minor:
1. Where the minor engages in or simulates, or assists others to
engage in or simulate, sexual conduct; or
2. Where the minor is the subject of a sexual portrayal,
Ê is guilty of a category A felony and shall be punished as provided in
NRS 200.750 .
(Added to NRS by 1983, 814; A 1995, 951, 1196, 1337)
A person who
knowingly prepares, advertises or distributes any item or material that
depicts a minor engaging in, or simulating, or assisting others to engage
in or simulate, sexual conduct 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 15 years, or by a
fine of not more than $15,000, or by both fine and imprisonment.
(Added to NRS by 1995, 950; A 1995, 1337)
A person
who knowingly and willfully has in his possession for any purpose any
film, photograph or other visual presentation depicting a person under
the age of 16 years as the subject of a sexual portrayal or engaging in
or simulating, or assisting others to engage in or simulate, sexual
conduct:
1. For the first offense, 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 6 years, and
may be further punished by a fine of not more than $5,000.
2. For any subsequent offense, is guilty of a category A 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 life with the
possibility of parole, and may be further punished by a fine of not more
than $5,000.
(Added to NRS by 1983, 814; A 1985, 1412; 1987, 846; 1995, 951,
1196, 1337; 2005, 2876 )
The
provisions of NRS 200.710 to 200.730
, inclusive, do not apply to law
enforcement personnel during the investigation or prosecution of a
violation of the provisions of NRS 200.710 to 200.730 ,
inclusive.
(Added to NRS by 1995, 950)
For the purposes of NRS 200.710 , to 200.735, inclusive, to determine whether a
person was a minor, the court or jury may:
1. Inspect the person in question;
2. View the performance;
3. Consider the opinion of a witness to the performance regarding
the person’s age;
4. Consider the opinion of a medical expert who viewed the
performance; or
5. Use any other method authorized by the rules of evidence at
common law.
(Added to NRS by 1983, 814; A 1995, 951)
A person punishable pursuant to NRS
200.710 or 200.720 shall be punished for a category A felony by
imprisonment in the state prison:
1. If the minor is 14 years of age or older, for life with the
possibility of parole, with eligibility for parole beginning when a
minimum of 5 years has been served, and shall be further punished by a
fine of not more than $100,000.
2. If the minor is less than 14 years of age, for life with the
possibility of parole, with eligibility for parole beginning when a
minimum of 10 years has been served, and shall be further punished by a
fine of not more than $100,000.
(Added to NRS by 1983, 815; A 1995, 1196; 1997, 1721; 2005, 2876
)
All assets derived from or relating to
any violation of NRS 200.366 , 200.710
to 200.730 , inclusive, or 201.230 are subject to forfeiture. A proceeding for
their forfeiture may be brought pursuant to NRS 179.1156 to 179.119 ,
inclusive.
(Added to NRS by 1983, 815; A 1985, 639, 1468; 1987, 1384; 1995,
951)
