USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY
For the purposes of NRS
202.015 to 202.065 , inclusive, “alcoholic beverage” means:
1. Beer, ale, porter, stout and other similar fermented beverages,
including sake and similar products, of any name or description
containing one-half of 1 percent or more alcohol by volume, brewed or
produced from malt, wholly or in part, or from any substitute therefor.
2. Any beverage obtained by the fermentation of the natural
content of fruits or other agricultural products containing sugar, of not
less than one-half of 1 percent of alcohol by volume.
3. Any distilled spirits commonly referred to as ethyl alcohol,
ethanol or spirits of wine in any form, including all dilutions and
mixtures thereof from whatever process produced.
(Added to NRS by 1987, 481; A 1991, 168; 2001, 1426 ; 2005, 1326 )
1. Any person under 21 years of age who purchases any alcoholic
beverage or any such person who consumes any alcoholic beverage in any
saloon, resort or premises where spirituous, malt or fermented liquors or
wines are sold is guilty of a misdemeanor.
2. Any person under 21 years of age who, for any reason, possesses
any alcoholic beverage in public is guilty of a misdemeanor.
3. This section does not preclude a local governmental entity from
enacting by ordinance an additional or broader restriction.
4. For the purposes of this section, possession “in public”
includes possession:
(a) On any street or highway;
(b) In any place open to the public; and
(c) In any private business establishment which is in effect open
to the public.
5. The term does not include:
(a) Possession for an established religious purpose;
(b) Possession in the presence of the person’s parent, spouse or
legal guardian who is 21 years of age or older;
(c) Possession in accordance with a prescription issued by a person
statutorily authorized to issue prescriptions;
(d) Possession in private clubs or private establishments; or
(e) The selling, handling, serving or transporting of alcoholic
beverages by a person in the course of his lawful employment by a
licensed manufacturer, wholesaler or retailer of alcoholic beverages.
[1:272:1947; 1943 NCL § 10594.02]—(NRS A 1967, 482; 1987, 482)
Any person under 21 years of age who shall loiter or remain on the
premises of any saloon where spirituous, malt or fermented liquors or
wines are sold shall be punished by a fine of not more than $500. Nothing
in this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or
wines are served only in conjunction with regular meals and where dining
tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or
fermented liquors or wines are not sold by the drink for consumption on
the premises.
[1:99:1949; A 1955, 144]—(NRS A 1967, 482)
Every minor who shall falsely represent himself to be 21 years
of age in order to obtain any intoxicating liquor shall be guilty of a
misdemeanor.
[Part 1911 C&P § 241; A 1925, 212; NCL § 10188]
1. Every person who knowingly:
(a) Sells, gives or otherwise furnishes an alcoholic beverage to
any person under 21 years of age;
(b) Leaves or deposits any alcoholic beverage in any place with the
intent that it will be procured by any person under 21 years of age; or
(c) Furnishes, gives, or causes to be given any money or thing of
value to any person under 21 years of age with the knowledge that the
money or thing of value is to be used by the person under 21 years of age
to purchase or procure any alcoholic beverage,
Ê is guilty of a misdemeanor.
2. Paragraph (a) of subsection 1 does not apply to a parent,
guardian or physician of the person under 21 years of age.
3. Every person who sells, gives or otherwise furnishes alcoholic
beverages through the use of the Internet shall adopt a policy to prevent
a person under 21 years of age from obtaining an alcoholic beverage from
the person through the use of the Internet. The policy must include,
without limitation, a method for ensuring that the person who delivers
the alcoholic beverages obtains the signature of a person who is over the
age of 21 years when delivering the beverages and that the packaging or
wrapping of the alcoholic beverages when they are shipped is clearly
marked with words that describe the alcoholic beverages. A person who
fails to adopt a policy pursuant to this subsection is guilty of a
misdemeanor and shall be punished by a fine of not more than $500.
(Added to NRS by 1967, 482; A 1969, 22; 1987, 482; 2001, 2788
)
1. Except as otherwise provided in subsection 2, it is unlawful
for a person to employ, allow or use a person who is less than 18 years
of age to distribute promotional materials that include an offer for
alcoholic beverages for a business, including, without limitation, a
gaming establishment, a saloon, a resort or a restaurant.
2. This section does not prohibit the employment of a person who
is less than 18 years of age to distribute a publication that includes an
advertisement for the sale of alcoholic beverages which is incident to
the publication.
3. A person who violates subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2001, 1426 )
Any proprietor, keeper or manager of a saloon or resort
where spirituous, malt or fermented liquors or wines are sold, who shall,
knowingly, allow or permit any person under the age of 21 years to remain
therein shall be punished by a fine of not more than $500. Nothing in
this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or
wines are served only in conjunction with regular meals and where dining
tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or
fermented liquors or wines are not sold by the drink for consumption on
the premises.
[1:152:1911; A 1955, 85]—(NRS A 1967, 483)
1. A person shall not sell an alcoholic beverage containing more
than 80 percent of alcohol by volume.
2. A person who violates the provisions of this section is guilty
of a misdemeanor.
(Added to NRS by 1991, 168)
1. A person shall not:
(a) Sell or offer for sale, purchase, possess or use an alcohol
vaporizing device; or
(b) Use the brand name of any alcoholic beverage in an
advertisement or other promotion of an alcohol vaporizing device.
2. A person who violates any provision of subsection 1 is guilty
of a misdemeanor.
3. As used in this section:
(a) “Alcohol vaporizing device” means a machine or other device
which mixes liquor with pure oxygen or any other gas to produce a
vaporized product which is consumed by inhalation.
(b) “Liquor” has the meaning ascribed to it in NRS 369.040 .
(Added to NRS by 2005, 1325 )
MISCELLANEOUS CRIMES CONCERNING PUBLIC HEALTH
A person who willfully mingles poison or any other harmful
substance, including, but not limited to, glass or a razor blade, in any
food, drink or medicine intended or prepared for the use of a human
being, and a person who willfully poisons any spring, well or reservoir
of water, 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, or by a fine of not
more than $10,000, or by both fine and imprisonment.
[1911 C&P § 276; RL § 6541; NCL § 10224]—(NRS A 1967, 483; 1971,
1060; 1979, 1433; 1995, 1204; 1997, 519)
1. Every person who:
(a) Shall deposit, leave or keep, on or near a highway or route of
public travel, on land or water, any unwholesome substance;
(b) Shall establish, maintain or carry on, upon or near a highway
or route of public travel, on land or water, any business, trade or
manufacture which is detrimental to the public health;
(c) Shall deposit or cast into any lake, creek or river, wholly or
partly in this State, the offal from or the dead body of any animal; or
(d) Shall knowingly burn stolen metallic wire to remove insulation,
Ê shall be guilty of a gross misdemeanor.
2. As used in this section, “stolen metallic wire” means metallic
wire that has been taken unlawfully from or without the permission of the
owner, whether or not the person who took the metallic wire is or has
been prosecuted or convicted for taking the metallic wire.
[1911 C&P § 281; RL § 6546; NCL § 10229]—(NRS A 1999, 279 )
1. As used in this section:
(a) “Dead animals” means all dead animals or parts thereof,
including condemned meats, not intended to be used as food.
(b) “Dirt” includes loose earth, ashes, manure from barns, stables,
corrals and pens, offal from butcher houses and slaughterhouses, and all
foul and filthy substances.
(c) “Garbage” includes solid or semisolid kitchen refuse subject to
decay or putrefaction, and market waste of animal and vegetable matter
which has been or was intended to be used as food for man or animal.
(d) “Rubbish” means old tin and iron cans and containers, old wood
and paper boxes, old metals, wire, rope, cordage, bottles, bags and
bagging, rubber and rubber tires, paper, and all used or castoff articles
or material, including old plaster, brick, cement, glass, and all old
building material.
2. It shall be unlawful for any person to throw or deposit or
cause to be thrown or deposited on any public highway within the State of
Nevada, or within a distance of 1,000 feet from the center of any public
highway, any dead animal, dirt, garbage or rubbish as defined in
subsection 1.
3. Any person violating the provisions of this section shall be
guilty of a misdemeanor.
[1:178:1925; NCL § 10554] + [2:178:1925; NCL § 10555] +
[3:178:1925; NCL § 10556]—(NRS A 1967, 571)—(Substituted in revision for
NRS 405.220)
1. It shall be unlawful for any person:
(a) To advertise or publish, or cause to be advertised or published
in a newspaper, pamphlet, handbill, book or otherwise, any medicine,
nostrum, drug, substance, instrument or device to produce the miscarriage
or premature delivery of a woman pregnant with child, or which purports
to be, or is represented to be, productive of such miscarriage or
premature delivery; or
(b) To advertise in any manner his or her services, aid, assistance
or advice, or the services, assistance or advice of any other person, in
the procurement of such miscarriage or premature delivery.
2. Every person who shall violate the provisions of subsection 1
shall be guilty of a gross misdemeanor.
[1911 C&P § 187; RL § 6452; NCL § 10134] + [1911 C&P § 188; RL §
6453; NCL § 10135]—(NRS A 1967, 483)
The proprietor or proprietors and the manager or managers of any
newspaper, periodical or other printed sheet published or printed within
this state, which shall contain any advertisement prohibited by NRS
202.200 , shall, for each publication of
such advertisement, be guilty of a misdemeanor.
[1911 C&P § 189; RL § 6454; NCL § 10136]—(NRS A 1967, 484)
Every person who shall knowingly sell, distribute, give away, or
in any manner dispose of or exhibit to another person any newspaper,
pamphlet, book, periodical, handbill, printed slip or writing, or cause
the same to be so sold, distributed, disposed of, or exhibited,
containing any advertisement prohibited in NRS 202.200 , or containing any description or notice of,
or reference to, or information concerning, or direction how or where to
procure any medicine, drug, nostrum, substance, device, instrument or
service, the advertisement of which is prohibited or declared to be
unlawful, shall be guilty of a misdemeanor.
[Part 1911 C&P § 190; RL § 6455; NCL § 10137]—(NRS A 1967, 484)
200 , 202.210
and 202.220 not applicable to licensed physicians.
Nothing in NRS 202.200 , 202.210 and 202.220
shall be construed to interfere with or apply to legally licensed
physicians in the legitimate practice of their profession.
[Part 1911 C&P § 190; RL § 6455; NCL § 10137]—(NRS A 1967, 484)
1. It is unlawful for any person to publish or cause to be
published, to deliver or distribute or cause to be delivered or
distributed in any manner whatsoever, or to post, or display, or
knowingly to permit to be posted, displayed, or to remain on any
buildings, windows or outhouses, or premises or other surface owned or
controlled by him in the State of Nevada, or to manufacture or sell, or
knowingly to have displayed in or on any window or place where the same
could be read by passers-by or the public, any advertisement, label,
statement, print or writing which refers to any person or persons from
whom, or to any means by which, or to any office or place at which may be
obtained any treatment or cure of syphilis, gonorrhea, chancroid, lost
manhood, sexual weakness, lost vitality, impotency, seminal emissions,
gleet, varicocele or self-abuse, whether described by such names, words,
terms or phrases, or by any other names, words, terms or phrases,
calculated or intended to convey to the reader the idea that any of the
diseases, infirmities, disabilities, conditions or habits are meant or
referred to, or which refers to any medicine, article, device or
preparation that may be used for the treatment, cure or prevention of any
of the diseases, infirmities, disabilities, conditions or habits
mentioned in this section.
2. Any person violating any of the provisions of this section is
guilty of a misdemeanor.
3. This section does not apply to publications, advertisements or
notices of the United States Government, the State of Nevada or of any
city or town or other political subdivision of the State of Nevada.
[1:221:1921; NCL § 10531] + [2:221:1921; NCL § 10532] +
[3:221:1921; NCL § 10533] + [4:221:1921; NCL § 10534]—(NRS A 1967, 484;
1985, 513)
1. A person shall not operate or maintain any shoe-fitting device
or shoe-fitting machine which uses fluoroscopic, X-ray or radiation
principles.
2. Any person violating the provisions of this section is guilty
of a misdemeanor.
(Added to NRS by 1960, 119; A 1985, 335)
It is unlawful:
1. For a wholesale optical supplier or manufacturer to furnish,
sell or dispense prescription glasses or lenses, pursuant to an
individual prescription, to anyone other than a licensed optometrist,
optician or physician. Such licensed optometrist, optician or physician
shall dispense such glasses or lenses to the individual for whom the
glasses were prescribed.
2. For a person responsible for industrial safety in any business
establishment to dispense prescription glasses to the employees of such
business establishment.
(Added to NRS by 1967, 822)
1. Except for use in the treatment of retinal detachment, it is
unlawful for a person to:
(a) Inject any liquid silicone substance into the human body; or
(b) Sell or offer for sale in this state any liquid silicone
substance for the purpose of injection into the human body.
2. A person who violates the provisions of subsection 1 is guilty
of a category D felony and shall be punished as provided in NRS 193.130
.
(Added to NRS by 1975, 120; A 1979, 1433; 1987, 203; 1995, 1204)
TOBACCO
As used in NRS 202.2485 to 202.2497 , inclusive:
1. “Distribute” includes furnishing, giving away or providing
products made from tobacco or samples thereof at no cost to promote the
product, whether or not in combination with a sale.
2. “Health authority” means the district health officer in a
district, or his designee, or, if none, the State Health Officer, or his
designee.
(Added to NRS by 1993, 2843; A 1995, 2603; 2001, 2788 )
1. It is the public policy of the State of Nevada and the purpose
of NRS 202.2491 , 202.24915 and 202.2492 to place restrictions on the smoking of
tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public
interest and NRS 202.2491 , 202.24915
and 202.2492 are enacted in the exercise of the police
power of this state to protect the health, peace, safety and general
welfare of its people.
3. Health authorities, police officers of cities or towns,
sheriffs and their deputies and other peace officers of this state shall,
within their respective jurisdictions, enforce the provisions of NRS
202.2491 , 202.24915 and 202.2492 . Police officers of cities or towns, sheriffs
and their deputies and other peace officers of this state shall, within
their respective jurisdictions, enforce the provisions of NRS 202.2493
, 202.24935 and 202.2494 .
4. Except as otherwise provided in subsection 5, an agency, board,
commission or political subdivision of this state, including, without
limitation, any agency, board, commission or governing body of a local
government, shall not impose more stringent restrictions on the smoking,
use, sale, distribution, marketing, display or promotion of tobacco or
products made from tobacco than are provided by NRS 202.2491 , 202.24915 , 202.2492 , 202.2493 ,
202.24935 and 202.2494 .
5. A school district may, with respect to the property, buildings,
facilities and vehicles of the school district, impose more stringent
restrictions on the smoking, use, sale, distribution, marketing, display
or promotion of tobacco or products made from tobacco than are provided
by NRS 202.2491 , 202.24915 , 202.2492 , 202.2493 ,
202.24935 and 202.2494 .
(Added to NRS by 1975, 462; A 1991, 644; 1993, 2843; 1995, 2603;
1999, 1692 ; 2001, 2788 ; 2003, 1007 )
1. Except as otherwise provided in subsections 5 and 6 and NRS
202.24915 , the smoking of tobacco in
any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as
defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist,
physician, podiatric physician, psychologist, optician, optometrist or
doctor of Oriental medicine.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food
for human consumption off the premises.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or
in any maintenance facility or office associated with a bus system
operated by any regional transportation commission.
(h) School bus.
(i) Video arcade.
2. The person in control of an area listed in paragraph (c), (d),
(e) or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place
not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may
be used for smoking, except for a room or portion of the area of a store
described in paragraph (e) of subsection 1 if the room or portion of the
area:
(1) Is leased to or operated by a person licensed pursuant
to NRS 463.160 ; and
(2) Does not otherwise qualify for an exemption set forth in
NRS 202.24915 .
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place
not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection,
designate a separate area which may be used for smoking.
Ê A school district which prohibits the use of tobacco by pupils need not
designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or
more shall maintain a flexible nonsmoking area within the restaurant and
offer each patron the opportunity to be seated in a smoking or nonsmoking
area.
5. A business which derives more than 50 percent of its gross
receipts from the sale of alcoholic beverages or 50 percent of its gross
receipts from gaming operations may be designated as a smoking area in
its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph
(b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming
establishment may designate separate rooms or areas within the
establishment which may or may not be used for smoking.
7. As used in this section:
(a) “Child care facility” means an establishment operated and
maintained to furnish care on a temporary or permanent basis, during the
day or overnight, to five or more children under 18 years of age, if
compensation is received for the care of any of those children. The term
does not include the home of a natural person who provides child care.
(b) “Licensed gaming establishment” has the meaning ascribed to it
in NRS 463.0169 .
(c) “Public building” means any building or office space owned or
occupied by:
(1) Any component of the Nevada System of Higher Education
and used for any purpose related to the System.
(2) The State of Nevada and used for any public purpose,
other than that used by the Department of Corrections to house or provide
other services to offenders.
(3) Any county, city, school district or other political
subdivision of the State and used for any public purpose.
Ê If only part of a building is owned or occupied by an entity described
in this paragraph, the term means only that portion of the building which
is so owned or occupied.
(d) “School bus” has the meaning ascribed to it in NRS 483.160
.
(e) “Video arcade” means a facility legally accessible to persons
under 18 years of age which is intended primarily for the use of pinball
and video machines for amusement and which contains a minimum of 10 such
machines.
(Added to NRS by 1975, 462; A 1977, 649, 958; 1985, 1755; 1987,
428; 1989, 870, 1626; 1991, 591, 644, 1132, 1695; 1993, 363, 2227; 1999,
1692 ; 2001, 1108 ; 2001 Special Session, 230 ; 2003, 289 ; 2005, 462 )
1. A store that is principally devoted to the sale of food for
human consumption off the premises may allow the smoking of tobacco in a
public area of the store that is leased to or operated by a person who is
licensed pursuant to NRS 463.160 if:
(a) The entire interior public area of the store is 10,000 square
feet or less; or
(b) The area:
(1) Is segregated from the other public areas of the store
by two or more walls or partial walls, or any combination thereof, in a
configuration that includes at least one corner; and
(2) Contains a method of ventilation which substantially
removes smoke from the area.
2. Except as otherwise provided in subsection 3, until January 1,
2007, a store that is principally devoted to the sale of food for human
consumption off the premises may allow the smoking of tobacco in a public
area of the store that is leased to or operated by a person who is
licensed pursuant to NRS 463.160 if the store was constructed before October 1, 1999, or
received final approval for construction before October 1, 1999. On or
after January 1, 2007, such a store may allow smoking in that public area
only if the area contains a method of ventilation which substantially
removes smoke from the area.
3. If at any time before January 1, 2007, a store described in
subsection 2 remodels 25 percent or more of the square footage of the
entire public area within the store, the store may continue to allow the
smoking of tobacco in a public area of the store that is leased to or
operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodeling a method
of ventilation which substantially removes smoke from the area.
4. For the purposes of this section, “partial wall” or “wall” may
include, without limitation, one or more gaming devices, as defined in
NRS 463.0155 , if the gaming devices are configured together or in
conjunction with other structures to create a barrier that is similar to
a partial wall or wall.
(Added to NRS by 1999, 1691 ; A 2003, 1007 )
1. A person who violates NRS 202.2491 or 202.24915 is guilty of a misdemeanor.
2. In each health district, the district health officer shall,
and, for areas of this state which are not within a health district, the
State Health Officer shall, designate one or more of his employees to
prepare, sign and serve written citations on persons accused of violating
NRS 202.2491 or 202.24915 . Such an employee:
(a) May exercise the authority to prepare, sign and serve those
citations only within the geographical jurisdiction of the district or
State Health Officer by which he is employed; and
(b) Shall comply with the provisions of NRS 171.1773 .
(Added to NRS by 1975, 463; A 1985, 250; 1993, 2844; 1999, 1694
)
1. In addition to any criminal penalty, a person who violates NRS
202.2491 or 202.24915 is liable for a civil penalty of $100 for
each violation.
2. A health authority within whose jurisdiction a violation of NRS
202.2491 or 202.24915 is committed shall:
(a) Collect the civil penalty, and may commence a civil proceeding
for that purpose; and
(b) Deposit any money he collects pursuant to this section with the
State Treasurer for credit to the Account for Health Education for
Minors, which is hereby created in the State General Fund.
3. The Superintendent of Public Instruction:
(a) Shall administer the Account for Health Education for Minors;
and
(b) May, with the advice of the State Health Officer, expend money
in the Account only for programs of education for minors regarding human
health.
4. The interest and income earned on the money in the Account for
Health Education for Minors, after deducting any applicable charges, must
be credited to the Account.
5. All claims against the Account for Health Education for Minors
must be paid as other claims against the State are paid.
(Added to NRS by 1993, 2843; A 1999, 1694 )
1. A person shall not sell, distribute or offer to sell cigarettes
or smokeless products made from tobacco in any form other than in an
unopened package which originated with the manufacturer and bears any
health warning required by federal law. A person who violates this
subsection shall be punished by a fine of $100 and a civil penalty of
$100.
2. Except as otherwise provided in subsections 3, 4 and 5, it is
unlawful for any person to sell, distribute or offer to sell cigarettes,
cigarette paper, tobacco of any description or products made from tobacco
to any child under the age of 18 years. A person who violates this
subsection shall be punished by a fine of not more than $500 and a civil
penalty of not more than $500.
3. A person shall be deemed to be in compliance with the
provisions of subsection 2 if, before he sells, distributes or offers to
sell to another, cigarettes, cigarette paper, tobacco of any description
or products made from tobacco, he:
(a) Demands that the person present a valid driver’s license or
other written or documentary evidence which shows that the person is 18
years of age or older;
(b) Is presented a valid driver’s license or other written or
documentary evidence which shows that the person is 18 years of age or
older; and
(c) Reasonably relies upon the driver’s license or written or
documentary evidence presented by the person.
4. The employer of a child who is under 18 years of age may, for
the purpose of allowing the child to handle or transport tobacco or
products made from tobacco in the course of the child’s lawful
employment, provide tobacco or products made from tobacco to the child.
5. With respect to any sale made by his employee, the owner of a
retail establishment shall be deemed to be in compliance with the
provisions of subsection 2 if he:
(a) Had no actual knowledge of the sale; and
(b) Establishes and carries out a continuing program of training
for his employees which is reasonably designed to prevent violations of
subsection 2.
6. Any money recovered pursuant to this section as a civil penalty
must be deposited in a separate account in the State General Fund to be
used for the enforcement of this section and NRS 202.2494 .
[1911 C&P § 237; RL § 6502; NCL § 10184] + [1911 C&P § 238; RL §
6503; NCL § 10185] + [1:271:1949; 1943 NCL § 1046.01]—(NRS A 1959, 675;
1961, 379, 625; 1967, 482; 1989, 1955; 1995, 2604)
1. It is unlawful for a person to knowingly sell or distribute
cigarettes, cigarette paper, tobacco of any description or products made
from tobacco to a child under the age of 18 years through the use of the
Internet.
2. A person who violates the provisions of subsection 1 shall be
punished by a fine of not more than $500 and a civil penalty of not more
than $500. Any money recovered pursuant to this section as a civil
penalty must be deposited in the same manner as money is deposited
pursuant to subsection 6 of NRS 202.2493 .
3. Every person who sells or distributes cigarettes, cigarette
paper, tobacco of any description or products made from tobacco through
the use of the Internet shall adopt a policy to prevent a child under the
age of 18 years from obtaining cigarettes, cigarette paper, tobacco of
any description or products made from tobacco from the person through the
use of the Internet. The policy must include, without limitation, a
method for ensuring that the person who delivers such items obtains the
signature of a person who is over the age of 18 years when delivering the
items, that the packaging or wrapping of the items when they are shipped
is clearly marked with the word “cigarettes” or the words “tobacco
products,” and that the person complies with the provisions of 15 U.S.C.
§ 376. A person who fails to adopt a policy pursuant to this subsection
is guilty of a misdemeanor and shall be punished by a fine of not more
than $500.
(Added to NRS by 2001, 2787 )
1. A cigarette vending machine may be placed in a public area only
if persons who are under 21 years of age are prohibited from loitering in
that area pursuant to NRS 202.030 or
463.350 .
2. A coin-operated vending machine containing cigarettes must not
be used to dispense any product not made from tobacco.
(Added to NRS by 1993, 2843; A 1995, 2605; 2003, 1203 )
2493 and 202.2494 ; assistance of child in conducting inspection.
1. As necessary to comply with applicable federal law, the
Attorney General shall conduct random, unannounced inspections at
locations where tobacco and products made from tobacco are sold,
distributed or offered for sale to inspect for and enforce compliance
with NRS 202.2493 and 202.2494 . For assistance in conducting any such
inspection, the Attorney General may contract with:
(a) Any sheriff’s department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the Attorney
General, perform the inspection in a fair and impartial manner.
2. If the inspector desires to enlist the assistance of a child
under the age of 18 for such an inspection, the inspector shall obtain
the written consent of the child’s parent for such assistance.
3. A child assisting in an inspection pursuant to this section
shall, if questioned about his age, state his true age and that he is
under 18 years of age.
4. If a child is assisting in an inspection pursuant to this
section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the child’s
appearance to make him appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to
occur and retain any photographs taken of the child pursuant to this
paragraph.
5. The person supervising an inspection using the assistance of a
child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from
which the child attempted to purchase tobacco or products made from
tobacco that an inspection has been performed and the results of that
inspection.
(b) Prepare a report regarding the inspection. The report must
include the following information:
(1) The name of the person who supervised the inspection and
the position held by him;
(2) The age and date of birth of the child who assisted in
the inspection;
(3) The name and position of the person from whom the child
attempted to purchase tobacco or products made from tobacco;
(4) The name and address of the establishment at which the
child attempted to purchase tobacco or products made from tobacco;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the
inspection resulted in the sale, distribution or offering for sale of
tobacco or products made from tobacco to the child.
6. No civil or criminal action based upon an alleged violation of
NRS 202.2493 or 202.2494 may be brought as a result of an inspection
for compliance in which the assistance of a child has been enlisted
unless the inspection has been conducted in accordance with the
provisions of this section.
(Added to NRS by 1995, 2602)
The Attorney General shall compile the results of inspections performed
pursuant to NRS 202.2496 during the
immediately preceding fiscal year as is necessary to prepare and submit a
report pursuant to 42 U.S.C. § 300x-26(b)(2)(B).
(Added to NRS by 1995, 2603)
WEAPONS
Dangerous Weapons and Firearms
As used in NRS 202.253 to 202.369 ,
inclusive:
1. “Explosive or incendiary device” means any explosive or
incendiary material or substance that has been constructed, altered,
packaged or arranged in such a manner that its ordinary use would cause
destruction or injury to life or property.
2. “Firearm” means any device designed to be used as a weapon from
which a projectile may be expelled through the barrel by the force of any
explosion or other form of combustion.
3. “Firearm capable of being concealed upon the person” applies to
and includes all firearms having a barrel less than 12 inches in length.
4. “Motor vehicle” means every vehicle that is self-propelled.
(Added to NRS by 1977, 879; A 1979, 157; 1989, 1239; 1995, 1151,
2533, 2726; 1997, 662, 826; 2001, 805 ; 2003, 1350 ; 2005, 594 )
1. A private person who wishes to transfer a firearm to another
person may, before he transfers the firearm, request that the Central
Repository for Nevada Records of Criminal History perform a background
check on the person who wishes to acquire the firearm.
2. The person who requests the information pursuant to subsection
1 shall provide the Central Repository with identifying information about
the person who wishes to acquire the firearm.
3. Upon receiving a request from a private person pursuant to
subsection 1 and the identifying information required pursuant to
subsection 2, the Central Repository shall within 5 business days after
receiving the request:
(a) Perform a background check on the person who wishes to acquire
the firearm; and
(b) Notify the person who requests the information whether the
information available to the Central Repository indicates that the
receipt of a firearm by the person who wishes to acquire the firearm
would violate a state or federal law.
4. If the person who requests the information does not receive
notification from the Central Repository regarding his request within 5
business days after making the request, he may presume that the receipt
of a firearm by the person who wishes to acquire the firearm would not
violate a state or federal law.
5. The Central Repository may charge a reasonable fee for
performing a background check and notifying a person of the results of
the background check pursuant to this section.
6. The failure of a person to request the Central Repository to
perform a background check pursuant to this section before transferring a
firearm to another person does not give rise to any civil cause of action.
(Added to NRS by 1997, 825)
1. A person who sets a so-called trap, spring pistol, rifle, or
other deadly weapon shall be punished:
(a) If no injury results therefrom to any human being, for a gross
misdemeanor.
(b) If injuries not fatal result therefrom to any human being, 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 the death of a human being results therefrom:
(1) Under circumstances not rendering the act murder, 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; or
(2) Otherwise, for murder which is a category A felony as
provided in NRS 200.030 .
2. Subsection 1 does not prevent the use of any loaded spring gun,
set gun or other device for the destruction of gophers, moles, coyotes or
other burrowing rodents or predatory animals by agents or employees of
governmental agencies engaged in cooperative predatory animal and rodent
control work, but:
(a) A loaded spring gun, set gun or other device must not be set
within 15 miles of the boundaries of any incorporated city or
unincorporated town; and
(b) Before setting any such loaded spring gun, set gun or other
device on any real property permission must first be obtained from the
owner, lessee or administrator thereof.
[1911 C&P § 302; RL § 6567; NCL § 10250]—(NRS A 1960, 336; 1967,
485; 1979, 1433; 1995, 1205)
1. It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 or more in his blood or
breath; or
(b) Is under the influence of any controlled substance, or is under
the combined influence of intoxicating liquor and a controlled substance,
or any person who inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of
any of these, to a degree which renders him incapable of safely
exercising actual physical control of a firearm,
Ê to have in his actual physical possession any firearm. This prohibition
does not apply to the actual physical possession of a firearm by a person
who was within his personal residence and had the firearm in his
possession solely for self-defense.
2. Any evidentiary test to determine whether a person has violated
the provisions of subsection 1 must be administered in the same manner as
an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947 , inclusive, except that submission to the evidentiary test is
required of any person who is directed by a police officer to submit to
the test. If a person to be tested fails to submit to a required test as
directed by a police officer, the officer may direct that reasonable
force be used to the extent necessary to obtain the samples of blood from
the person to be tested, if the officer has reasonable cause to believe
that the person to be tested was in violation of this section.
3. Any person who violates the provisions of subsection 1 is
guilty of a misdemeanor.
4. A firearm is subject to forfeiture pursuant to NRS 179.1156
to 179.119 , inclusive, only if, during the violation of
subsection 1, the firearm is brandished, aimed or otherwise handled by
the person in a manner which endangered others.
5. As used in this section, the phrase “concentration of alcohol
of 0.10 or more in his blood or breath” means 0.10 gram or more of
alcohol per 100 milliliters of the blood of a person or per 210 liters of
his breath.
(Added to NRS by 1995, 2533; A 1999, 2470 ; 2003, 2565 )
1. A person who unlawfully possesses, manufactures or disposes of
any explosive or incendiary device with the intent to destroy life or
property 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. This section does not prohibit a person from possessing,
manufacturing or using any material, component, substance or device as
required for the performance of his duties related to mining,
agriculture, construction or any other valid occupational purpose, or if
the person is authorized by a governmental entity which has lawful
control over such matters to use those items in the performance of his
duties.
3. For the purposes of this section, “dispose of” means give, give
away, loan, offer, offer for sale, sell or transfer.
[1911 C&P § 306; RL § 6571; NCL § 10254]—(NRS A 1973, 552; 1979,
1434; 1995, 1205; 2001, 805 )
1. A person shall not knowingly possess any component of an
explosive or incendiary device with the intent to manufacture an
explosive or incendiary device.
2. A person who violates subsection 1 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.
3. This section does not prohibit a person from possessing,
manufacturing or using any material, component, substance or device as
required for the performance of his duties related to mining,
agriculture, construction or any other valid occupational purpose, or if
the person is authorized by a governmental entity which has lawful
control over such matters to use those items in the performance of his
duties.
(Added to NRS by 2001, 804 )
1. Except as otherwise provided in subsection 3, a person shall
not possess any explosive or incendiary device or any explosive or
incendiary material, substance or component that may be readily converted
to an explosive or incendiary device:
(a) In or upon any public street or highway in this state;
(b) In or near any private habitation, public place or any place
open to the public; or
(c) In, on or near any public conveyance.
2. A person who violates subsection 1 is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
3. This section does not prohibit a person from possessing any
material, component, substance or device:
(a) As required for the performance of his duties related to
mining, agriculture, construction or any other valid occupational
purpose, or if the person is authorized by a governmental entity which
has lawful control over such matters to use those items in the
performance of his duties;
(b) In an amount which, if detonated or otherwise exploded, would
not ordinarily cause substantial bodily harm to another person or
substantial harm to the property of another; or
(c) As part of a model rocket or engine for a model rocket that is
designed, sold and used for the purpose of propelling a model rocket.
(Added to NRS by 2001, 804 )
1. A person shall not manufacture, purchase, possess, sell,
advertise for sale or transport a hoax bomb if the person knows or should
know that the hoax bomb is to be used to make a reasonable person believe
that the hoax bomb is an explosive or incendiary device.
2. A person who violates subsection 1 is guilty of a gross
misdemeanor.
3. This section does not prohibit:
(a) The purchase, possession, sale, advertising for sale,
transportation or use of a military artifact, if the military artifact is
harmless or inert, unless the military artifact is used to make a
reasonable person believe that the military artifact is an explosive or
incendiary device.
(b) The authorized manufacture, purchase, possession, sale,
transportation or use of any material, substance or device by a member of
the Armed Forces of the United States, a fire department or a law
enforcement agency if the person is acting lawfully while in the line of
duty.
(c) The manufacture, purchase, possession, sale, transportation or
use of any material, substance or device that is permitted by a specific
statute.
4. As used in this section, “hoax bomb” means:
(a) An inoperative facsimile or imitation of an explosive or
incendiary device; or
(b) A device or object that appears to be or to contain an
explosive or incendiary device.
(Added to NRS by 1991, 816; A 2001, 805 )
1. Except as otherwise provided in this section, a person shall
not carry or possess, while on the property of the Nevada System of
Higher Education or a private or public school or while in a vehicle of a
private or public school:
(a) An explosive or incendiary device;
(b) A dirk, dagger or switchblade knife;
(c) A nunchaku or trefoil;
(d) A blackjack or billy club or metal knuckles; or
(e) A pistol, revolver or other firearm.
2. Any person who violates subsection 1 is guilty of a gross
misdemeanor.
3. This section does not prohibit the possession of a weapon
listed in subsection 1 on the property of a private or public school by a:
(a) Peace officer;
(b) School security guard; or
(c) Person having written permission from the president of a branch
or facility of the Nevada System of Higher Education or the principal of
the school to carry or possess the weapon.
4. For the purposes of this section:
(a) “Firearm” includes:
(1) Any device used to mark the clothing of a person with
paint or any other substance; and
(2) Any device from which a metallic projectile, including
any ball bearing or pellet, may be expelled by means of spring, gas, air
or other force.
(b) “Nunchaku” has the meaning ascribed to it in NRS 202.350 .
(c) “Switchblade knife” has the meaning ascribed to it in NRS
202.350 .
(d) “Trefoil” has the meaning ascribed to it in NRS 202.350 .
(e) “Vehicle” has the meaning ascribed to “school bus” in NRS
484.148 .
(Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806
)
1. A person who destroys, or attempts to destroy, with dynamite,
nitroglycerine, gunpowder or other high explosive, any dwelling house or
other building, knowing or having reason to believe that a human being is
therein at the time, is guilty of a category A felony and shall be
punished 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 10 years has been served; or
(c) For a definite term of 25 years, with eligibility for parole
beginning when a minimum of 10 years has been served,
Ê in the discretion of the jury, or of the court upon a plea of guilty.
2. A person who conspires with others to commit the offense
described in subsection 1 shall be punished in the same manner.
[1911 C&P § 307; RL § 6572; NCL § 10255] + [1911 C&P § 308; RL §
6573; NCL § 10256]—(NRS A 1961, 45; 1973, 1805; 1995, 1206, 2467; 1997,
642; 2003, 1482 )
1. Except as provided in subsection 2, it is unlawful to
manufacture or sell any metal-penetrating bullet capable of being fired
from a handgun.
2. A person may manufacture and sell metal-penetrating bullets
pursuant to an agreement with a law enforcement agency for the sale of
such bullets to that agency.
3. A person who violates the provisions of this section is guilty
of a gross misdemeanor.
4. As used in this section, “metal-penetrating bullet” means a
bullet whose core:
(a) Reduces the normal expansion of the bullet upon impact; and
(b) Is at least as hard as the maximum hardness attainable using
solid red metal alloys,
Ê and which can be used in a handgun. The term does not include any
bullet with a copper or brass jacket and a core of lead or a lead alloy,
or a bullet made of lead or lead alloys.
(Added to NRS by 1983, 800)
1. Except as otherwise provided in subsection 3, a person who
knowingly or willfully possesses, manufactures or disposes of any
short-barreled rifle or short-barreled shotgun is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
2. For purposes of this section:
(a) “Short-barreled rifle” means:
(1) A rifle having one or more barrels less than 16 inches
in length; or
(2) Any weapon made from a rifle, whether by alteration,
modification or other means, with an overall length of less than 26
inches.
(b) “Short-barreled shotgun” means:
(1) A shotgun having one or more barrels less than 18 inches
in length; or
(2) Any weapon made from a shotgun, whether by alteration,
modification or other means, with an overall length of less than 26
inches.
3. This section does not prohibit:
(a) The possession or use of any short-barreled rifle or
short-barreled shotgun by any peace officer when authorized to do so in
the performance of official duties;
(b) The possession of any short-barreled rifle or short-barreled
shotgun by a person who is licensed as a firearms importer, manufacturer,
collector or dealer by the United States Department of the Treasury, or
by a person to whom such a rifle or shotgun is registered with the United
States Department of the Treasury; or
(c) The possession of any short-barreled rifle or short-barreled
shotgun that has been determined to be a collector’s item pursuant to 26
U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.
(Added to NRS by 1977, 879; A 1979, 1434; 1991, 1136; 1995, 1206;
2005, 64 )
1. A person shall not intentionally change, alter, remove or
obliterate the serial number upon any firearm. Any person who violates
the provisions of this subsection is guilty of a category C felony and
shall be punished as provided in NRS 193.130 .
2. A person shall not knowingly possess a firearm on which the
serial number has been intentionally changed, altered, removed or
obliterated. Any person who violates the provisions of this subsection is
guilty of a category D felony and shall be punished as provided in NRS
193.130 .
(Added to NRS by 1977, 880; A 2003, 1350 )
1. Unless a greater penalty is provided in NRS 202.287 , a person, whether under the influence of
liquor, a controlled substance or otherwise, who maliciously, wantonly or
negligently discharges or causes to be discharged any pistol, gun or any
other kind of firearm, in or upon any public street or thoroughfare, or
in any theater, hall, store, hotel, saloon or any other place of public
resort, or throws any deadly missile in a public place or in any place
where any person might be endangered thereby, although no injury results,
is guilty of a misdemeanor.
2. All civil, military and peace officers shall be vigilant in
carrying the provisions of subsection 1 into full force and effect. Any
peace officer who neglects his duty in the arrest of any such offender is
guilty of a gross misdemeanor.
[1911 C&P § 304; RL § 6569; NCL § 10252] + [1911 C&P § 305; RL §
6570; NCL § 10253]—(NRS A 1967, 485; 1989, 1240)
1. A person who willfully and maliciously discharges a firearm at
or into any house, room, apartment, tenement, shop, warehouse, store,
mill, barn, stable, outhouse or other building, tent, vessel, aircraft,
vehicle, vehicle trailer, semitrailer or house trailer, railroad
locomotive, car or tender:
(a) If it has been abandoned, is guilty of a misdemeanor unless a
greater penalty is provided in NRS 202.287 .
(b) If it is occupied, 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.
2. Whenever a firearm is so discharged at or into any vessel,
aircraft, vehicle, vehicle trailer, semitrailer or house trailer,
railroad locomotive, car or tender, in motion or at rest, and it cannot
with reasonable certainty be ascertained in what county the crime was
committed, the offender may be arrested and tried in any county through
which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or
house trailer, locomotive or railroad car may have run on the trip during
which the firearm was discharged at or into it.
(Added to NRS by 1979, 157; A 1989, 1240; 1995, 1206)
1. A person who is in, on or under a structure or vehicle and who
maliciously or wantonly discharges or maliciously or wantonly causes to
be discharged a firearm within or from the structure or vehicle:
(a) If the structure or vehicle is not within an area designated by
city or county ordinance as a populated area for the purpose of
prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the structure or vehicle is within an area designated by
city or county ordinance as a populated area for the purpose of
prohibiting the discharge of weapons, 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, or by a fine of not more than $5,000, or by both fine and
imprisonment.
2. If a firearm is discharged within or out of any vehicle that is
in motion or at rest and it cannot with reasonable certainty be
ascertained in what county the crime was committed, the offender may be
arrested and tried in any county through which the vehicle may have run
on the trip during which the firearm was discharged.
3. The provisions of this section do not apply to:
(a) A person who lawfully shoots at a game mammal or game bird
pursuant to subsection 2 of NRS 503.010 .
(b) A peace officer while engaged in the performance of his
official duties.
(c) A person who discharges a firearm in a lawful manner and in the
course of a lawful business, event or activity.
4. As used in this section:
(a) “Structure” means any temporary or permanent structure,
including, but not limited to, any tent, house, room, apartment,
tenement, shop, warehouse, store, mill, barn, stable, outhouse or other
building.
(b) “Vehicle” means any motor vehicle or trailer designed for use
with a motor vehicle, whether or not it is self-propelled, operated on
rails or propelled by electric power obtained from overhead wires.
(Added to NRS by 1989, 1239; A 1993, 2774; 1995, 1152, 1207, 2403,
2409; 2003, 987 )
Unless a greater penalty is
provided in NRS 202.287 , a person who
willfully:
1. Aims any gun, pistol, revolver or other firearm, whether loaded
or not, at or toward any human being; or
2. Discharges any firearm, air gun or other weapon, or throws any
deadly missile in a public place or in any place where any person might
be endangered thereby, although an injury does not result,
Ê is guilty of a gross misdemeanor.
[1911 C&P § 344; RL § 6609; NCL § 10292]—(NRS A 1989, 820, 1240,
1243)
1. Except as otherwise provided in this section, a child under the
age of 18 years shall not handle or have in his possession or under his
control, except while accompanied by or under the immediate charge of his
parent or guardian or an adult person authorized by his parent or
guardian to have control or custody of the child, any firearm of any kind
for hunting or target practice or for other purposes. A child who
violates this subsection commits a delinquent act and the court may order
the detention of the child in the same manner as if the child had
committed an act that would have been a felony if committed by an adult.
2. A person who aids or knowingly permits a child to violate
subsection 1:
(a) Except as otherwise provided in paragraph (b), for the first
offense, is guilty of a misdemeanor.
(b) For a first offense, if the person knows or has reason to know
that there is a substantial risk that the child will use the firearm to
commit a violent act, is guilty of a category C felony and shall be
punished as provided in NRS 193.130 .
(c) For a second or any subsequent 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.
3. A person does not aid or knowingly permit a child to violate
subsection 1 if:
(a) The firearm was stored in a securely locked container or at a
location which a reasonable person would have believed to be secure;
(b) The child obtained the firearm as a result of an unlawful entry
by any person in or upon the premises where the firearm was stored;
(c) The injury or death resulted from an accident which was
incident to target shooting, sport shooting or hunting; or
(d) The child gained possession of the firearm from a member of the
military or a law enforcement officer, while the member or officer was
performing his official duties.
4. The provisions of subsection 1 do not apply to a child who is a
member of the Armed Forces of the United States.
5. Except as otherwise provided in subsection 8, a child who is 14
years of age or older, who has in his possession a valid license to hunt,
may handle or have in his possession or under his control, without being
accompanied by his parent or guardian or an adult person authorized by
his parent or guardian to have control or custody of him:
(a) A rifle or shotgun that is not a fully automatic firearm, if
the child is not otherwise prohibited by law from possessing the rifle or
shotgun and the child has the permission of his parent or guardian to
handle or have in his possession or under his control the rifle or
shotgun; or
(b) A firearm capable of being concealed upon the person, if the
child has the written permission of his parent or guardian to handle or
have in his possession or under his control such a firearm and the child
is not otherwise prohibited by law from possessing such a firearm,
Ê and the child is traveling to the area in which he will be hunting or
returning from that area and the firearm is not loaded, or the child is
hunting pursuant to that license.
6. Except as otherwise provided in subsection 8, a child who is 14
years of age or older may handle or have in his possession or under his
control a rifle or shotgun that is not a fully automatic firearm if the
child is not otherwise prohibited by law from possessing the rifle or
shotgun, without being accompanied by his parent or guardian or an adult
person authorized by his parent or guardian to have control or custody of
him, if the child has the permission of his parent or guardian to handle
or have in his possession or under his control the rifle or shotgun and
the child is:
(a) Attending a course of instruction in the responsibilities of
hunters or a course of instruction in the safe use of firearms;
(b) Practicing the use of a firearm at an established firing range
or at any other area where the discharge of a firearm is permitted;
(c) Participating in a lawfully organized competition or
performance involving the use of a firearm;
(d) Within an area in which the discharge of firearms has not been
prohibited by local ordinance or regulation and he is engaging in a
lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
(e) Traveling to or from any activity described in paragraph (a),
(b), (c) or (d), and the firearm is not loaded;
(f) On real property that is under the control of an adult, and the
child has the permission of that adult to possess the firearm on the real
property; or
(g) At his residence.
7. Except as otherwise provided in subsection 8, a child who is 14
years of age or older may handle or have in his possession or under his
control, for the purpose of engaging in any of the activities listed in
paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of
being concealed upon the person, without being accompanied by his parent
or guardian or an adult person authorized by his parent or guardian to
have control or custody of him, if the child:
(a) Has the written permission of his parent or guardian to handle
or have in his possession or under his control such a firearm for the
purpose of engaging in such an activity; and
(b) Is not otherwise prohibited by law from possessing such a
firearm.
8. A child shall not handle or have in his possession or under his
control a loaded firearm if he is:
(a) An occupant of a motor vehicle;
(b) Within any residence, including his residence, or any building
other than a facility licensed for target practice, unless possession of
the firearm is necessary for the immediate defense of the child or
another person; or
(c) Within an area designated by a county or municipal ordinance as
a populated area for the purpose of prohibiting the discharge of weapons,
unless he is within a facility licensed for target practice.
9. For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the
firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the
firearm or there is a cartridge in the chamber, if the firearm is a
semiautomatic firearm.
[1911 C&P § 345; RL § 6610; NCL § 10293]—(NRS A 1963, 3; 1991,
1154; 1995, 1152; 1997, 516, 1181)
Any person in
this state who sells or barters to a child who is under the age of 18
years, with reckless disregard of whether the child is under the age of
18 years, or with knowledge or reason to know that the child is under the
age of 18 years, a pistol, revolver or a firearm capable of being
concealed upon the 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 6 years, and may be
further punished by a fine of not more than $5,000.
[1:164:1955]—(NRS A 1995, 1154; 1997, 519, 1183)
1. Unless a greater penalty is provided in NRS 202.287 , a person having, carrying or procuring from
another person any dirk, dirk-knife, sword, sword cane, pistol, gun or
other deadly weapon, who, in the presence of two or more persons, draws
or exhibits any of such deadly weapons in a rude, angry or threatening
manner not in necessary self-defense, or who in any manner unlawfully
uses that weapon in any fight or quarrel, is guilty of a misdemeanor.
2. A sheriff, deputy sheriff, marshal, constable or other peace
officer shall not be held to answer, under the provisions of subsection
1, for drawing or exhibiting any of the weapons mentioned therein while
in the lawful discharge of his duties.
[1911 C&P § 174; RL § 6439; NCL § 10121]—(NRS A 1967, 486; 1989,
1240)
1. Except as otherwise provided for firearms forfeitable pursuant
to NRS 453.301 , when any instrument or weapon described in NRS 202.350 is taken from the possession of any person
charged with the commission of any public offense or crime or any child
charged with committing a delinquent act, the instrument or weapon must
be surrendered to:
(a) The head of the police force or department of an incorporated
city if the possession thereof was detected by any member of the police
force of the city; or
(b) The chief administrator of a state law enforcement agency, for
disposal pursuant to NRS 333.220 , if
the possession thereof was detected by any member of the agency.
Ê In all other cases, the instrument or weapon must be surrendered to the
sheriff of the county or the sheriff of the metropolitan police
department for the county in which the instrument or weapon was taken.
2. Except as otherwise provided in subsection 5, the governing
body of the county or city or the metropolitan police committee on fiscal
affairs shall at least once a year order the local law enforcement
officer to whom any instrument or weapon is surrendered pursuant to
subsection 1 to:
(a) Retain the confiscated instrument or weapon for use by the law
enforcement agency headed by the officer;
(b) Sell the confiscated instrument or weapon to another law
enforcement agency;
(c) Destroy or direct the destruction of the confiscated instrument
or weapon if it is not otherwise required to be destroyed pursuant to
subsection 5;
(d) Trade the confiscated instrument or weapon to a properly
licensed retailer or wholesaler in exchange for equipment necessary for
the performance of the agency’s duties; or
(e) Donate the confiscated instrument or weapon to a museum, the
Nevada National Guard or, if appropriate, to another person for use which
furthers a charitable or public interest.
3. All proceeds of a sale ordered pursuant to subsection 2 by:
(a) The governing body of a county or city must be deposited with
the county treasurer or the city treasurer and the county treasurer or
the city treasurer shall credit the proceeds to the general fund of the
county or city.
(b) A metropolitan police committee on fiscal affairs must be
deposited in a fund which was created pursuant to NRS 280.220 .
4. Any officer receiving an order pursuant to subsection 2 shall
comply with the order as soon as practicable.
5. Except as otherwise provided in subsection 6, the officer to
whom a confiscated instrument or weapon is surrendered pursuant to
subsection 1 shall:
(a) Except as otherwise provided in paragraph (c), destroy or
direct to be destroyed any instrument or weapon which is determined to be
dangerous to the safety of the public.
(b) Except as otherwise provided in paragraph (c), return any
instrument or weapon, which has not been destroyed pursuant to paragraph
(a):
(1) Upon demand, to the person from whom the instrument or
weapon was confiscated if the person is acquitted of the public offense
or crime of which he was charged; or
(2) To the legal owner of the instrument or weapon if the
Attorney General or the district attorney determines that the instrument
or weapon was unlawfully acquired from the legal owner. If retention of
the instrument or weapon is ordered or directed pursuant to paragraph
(c), except as otherwise provided in paragraph (a), the instrument or
weapon must be returned to the legal owner as soon as practicable after
the order or direction is rescinded.
(c) Retain the confiscated instrument or weapon held by him
pursuant to an order of a judge of a court of record or by direction of
the Attorney General or district attorney that the retention is necessary
for purposes of evidence, until the order or direction is rescinded.
(d) Return any instrument or weapon which was stolen to its
rightful owner, unless the return is otherwise prohibited by law.
6. Before any disposition pursuant to subsection 5, the officer
who is in possession of the confiscated instrument or weapon shall submit
a full description of the instrument or weapon to a laboratory which
provides forensic services in this State. The director of the laboratory
shall determine whether the instrument or weapon:
(a) Must be sent to the laboratory for examination as part of a
criminal investigation; or
(b) Is a necessary addition to a referential collection maintained
by the laboratory for purposes relating to law enforcement.
[1:93:1913; 1919 RL p. 2710; NCL § 2300] + [2:93:1913; A 1953,
546]—(NRS A 1959, 547; 1967, 1719; 1989, 12, 143, 144; 1995, 304, 1154,
1161)
1. Except as otherwise provided in this section and NRS 202.355
and 202.3653 to 202.369 ,
inclusive, a person within this State shall not:
(a) Manufacture or cause to be manufactured, or import into the
State, or keep, offer or expose for sale, or give, lend or possess any
knife which is made an integral part of a belt buckle or any instrument
or weapon of the kind commonly known as a switchblade knife, blackjack,
slungshot, billy, sand-club, sandbag or metal knuckles;
(b) Manufacture or cause to be manufactured, or import into the
State, or keep, offer or expose for sale, or give, lend, possess or use a
machine gun or a silencer, unless authorized by federal law;
(c) With the intent to inflict harm upon the person of another,
possess or use a nunchaku or trefoil; or
(d) Carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any
components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or
deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2. Except as otherwise provided in NRS 202.275 and 212.185 ,
a person who violates any of the provisions of:
(a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph
(d) of subsection 1 is guilty:
(1) For the first offense, of a gross misdemeanor.
(2) For any subsequent offense, of a category D felony and
shall be punished as provided in NRS 193.130 .
(b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of
subsection 1 is guilty of a category C felony and shall be punished as
provided in NRS 193.130 .
3. Except as otherwise provided in this subsection, the sheriff of
any county may, upon written application by a resident of that county
showing the reason or the purpose for which a concealed weapon is to be
carried, issue a permit authorizing the applicant to carry in this State
the concealed weapon described in the permit. The sheriff shall not issue
a permit to a person to carry a switchblade knife. This subsection does
not authorize the sheriff to issue a permit to a person to carry a
pistol, revolver or other firearm.
4. Except as otherwise provided in subsection 5, this section does
not apply to:
(a) Sheriffs, constables, marshals, peace officers, correctional
officers employed by the Department of Corrections, special police
officers, police officers of this State, whether active or honorably
retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making
arrests or preserving the peace while the person so summoned is actually
engaged in assisting such an officer.
(c) Any full-time paid peace officer of an agency of the United
States or another state or political subdivision thereof when carrying
out official duties in the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
5. The exemptions provided in subsection 4 do not include a former
peace officer who is retired for disability unless his former employer
has approved his fitness to carry a concealed weapon.
6. The provisions of paragraph (b) of subsection 1 do not apply to
any person who is licensed, authorized or permitted to possess or use a
machine gun or silencer pursuant to federal law. The burden of
establishing federal licensure, authorization or permission is upon the
person possessing the license, authorization or permission.
7. This section shall not be construed to prohibit a qualified law
enforcement officer or a qualified retired law enforcement officer from
carrying a concealed weapon in this State if he is authorized to do so
pursuant to 18 U.S.C. § 926B or 926C.
8. As used in this section:
(a) “Concealed weapon” means a weapon described in this section
that is carried upon a person in such a manner as not to be discernible
by ordinary observation.
(b) “Honorably retired” means retired in Nevada after completion of
10 years of creditable service as a member of the Public Employees’
Retirement System. A former peace officer is not “honorably retired” if
he was discharged for cause or resigned before the final disposition of
allegations of serious misconduct.
(c) “Machine gun” means any weapon which shoots, is designed to
shoot or can be readily restored to shoot more than one shot, without
manual reloading, by a single function of the trigger.
(d) “Nunchaku” means an instrument consisting of two or more
sticks, clubs, bars or rods connected by a rope, cord, wire or chain used
as a weapon in forms of Oriental combat.
(e) “Qualified law enforcement officer” has the meaning ascribed to
it in 18 U.S.C. § 926B(c).
(f) “Qualified retired law enforcement officer” has the meaning
ascribed to it in 18 U.S.C. § 926C(c).
(g) “Silencer” means any device for silencing, muffling or
diminishing the report of a firearm, including any combination of parts,
designed or redesigned, and intended for use in assembling or fabricating
a silencer or muffler, and any part intended only for use in such
assembly or fabrication.
(h) “Switchblade knife” means a spring-blade knife, snap-blade
knife or any other knife having the appearance of a pocket knife, any
blade of which is 2 or more inches long and which can be released
automatically by a flick of a button, pressure on the handle or other
mechanical device, or is released by any type of mechanism. The term does
not include a knife which has a blade that is held in place by a spring
if the blade does not have any type of automatic release.
(i) “Trefoil” means an instrument consisting of a metal plate
having three or more radiating points with sharp edges, designed in the
shape of a star, cross or other geometric figure and used as a weapon for
throwing.
[1:47:1925; NCL § 2302] + [3:47:1925; NCL § 2304]—(NRS A 1959, 548;
1963, 90; 1967, 486; 1973, 190, 900; 1977, 269, 880; 1979, 1435; 1985,
452, 593, 792; 1989, 653; 1995, 1207, 2726; 1997, 826, 1601; 1999, 421
, 1208 ; 2001, 575 ; 2003, 1351 ; 2005, 594 )
1. Upon written application, the sheriff of any county may issue a
permit authorizing a person whose place of business is located in that
county to manufacture or to keep, offer or expose for sale switchblade
knives if the person demonstrates good cause for such authorization.
2. Before issuing a permit, the sheriff shall request the board of
county commissioners to hold a public hearing concerning the issuance of
the permit.
3. If the sheriff issues a permit which authorizes a person to
sell switchblade knives, the permit must provide that switchblade knives
may be sold only to:
(a) A person in another state, territory or country;
(b) A person who is authorized by law to possess a switchblade
knife in this state, including, without limitation, any sheriff,
constable, marshal, peace officer and member of the Armed Forces of the
United States when on duty; and
(c) A distributor who has been issued a permit pursuant to this
section.
(Added to NRS by 2003, 1350 )
1. Except as otherwise provided in this section, a person shall
not use an electronic stun device on another person for any purpose other
than self-defense.
2. Except as otherwise provided in this section, a person shall
not have in his possession or under his custody or control any electronic
stun device if he:
(a) Has been convicted of a felony in this State or any other
state, or in any political subdivision thereof, or of a felony in
violation of the laws of the United States of America, unless he has
received a pardon and the pardon does not restrict his right to bear arms;
(b) Is a fugitive from justice;
(c) Has been adjudicated as mentally ill or has been committed to
any mental health facility; or
(d) Is illegally or unlawfully in the United States.
3. A child under 18 years of age shall not have in his possession
or under his custody or control any electronic stun device.
4. Except as otherwise provided in this section, a person within
this State shall not sell, give or otherwise provide an electronic stun
device to another person if he has actual knowledge that the other person:
(a) Is a child under 18 years of age;
(b) Has been convicted of a felony in this State or any other
state, or in any political subdivision thereof, or of a felony in
violation of the laws of the United States of America, unless he has
received a pardon and the pardon does not restrict his right to bear arms;
(c) Is a fugitive from justice;
(d) Has been adjudicated as mentally ill or has been committed to
any mental health facility; or
(e) Is illegally or unlawfully in the United States.
5. A person who violates the provisions of:
(a) Subsection 1 or paragraph (a) or (b) of subsection 2 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.
(b) Paragraph (c) or (d) of subsection 2 is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
6. A child who violates subsection 3 commits a delinquent act and
the court may order the detention of the child in the same manner as if
the child had committed an act that would have been a felony if committed
by an adult.
7. A person who violates the provisions of subsection 4 is guilty
of a category D felony and shall be punished as provided in NRS 193.130
.
8. The provisions of subsections 1, 2 and 4 do not apply to a
peace officer who possesses or uses or sells, gives or otherwise provides
to another person an electronic stun device within the scope of his
duties.
9. As used in this section, “electronic stun device” means a
device that:
(a) Emits an electrical charge or current that is transmitted by
projectile, physical contact or other means; and
(b) Is designed to disable a person or animal temporarily or
permanently.
(Added to NRS by 2005, 266 )
1. A person shall not own or have in his possession or under his
custody or control any firearm if he:
(a) Has been convicted of a felony in this or any other state, or
in any political subdivision thereof, or of a felony in violation of the
laws of the United States of America, unless he has received a pardon and
the pardon does not restrict his right to bear arms;
(b) Is a fugitive from justice; or
(c) Is an unlawful user of, or addicted to, any controlled
substance.
Ê A person who violates the provisions of this subsection 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. A person shall not own or have in his possession or under his
custody or control any firearm if he:
(a) Has been adjudicated as mentally ill or has been committed to
any mental health facility; or
(b) Is illegally or unlawfully in the United States.
Ê A person who violates the provisions of this subsection is guilty of a
category D felony and shall be punished as provided in NRS 193.130 .
3. As used in this section:
(a) “Controlled substance” has the meaning ascribed to it in 21
U.S.C. § 802(6).
(b) “Firearm” includes any firearm that is loaded or unloaded and
operable or inoperable.
[2:47:1925; A 1955, 185] + [3:47:1925; NCL § 2304]—(NRS A 1959,
548; 1967, 487; 1979, 1435; 1983, 926; 1985, 453, 594; 1991, 72; 1995,
1208; 1997, 828; 2003, 1352 )
1. Except as otherwise provided in subsection 3, a person within
this State shall not sell or otherwise dispose of any firearm or
ammunition to another person if he has actual knowledge that the other
person:
(a) Is under indictment for, or has been convicted of, a felony in
this or any other state, or in any political subdivision thereof, or of a
felony in violation of the laws of the United States of America, unless
he has received a pardon and the pardon does not restrict his right to
bear arms;
(b) Is a fugitive from justice;
(c) Has been adjudicated as mentally ill or has been committed to
any mental health facility; or
(d) Is illegally or unlawfully in the United States.
2. A person who violates the provisions of subsection 1 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.
3. This section does not apply to a person who sells or disposes
of any firearm or ammunition to:
(a) A licensed importer, licensed manufacturer, licensed dealer or
licensed collector who, pursuant to 18 U.S.C. § 925(b), is not precluded
from dealing in firearms or ammunition; or
(b) A person who has been granted relief from the disabilities
imposed by federal laws pursuant to 18 U.S.C. § 925(c).
(Added to NRS by 2003, 1349 )
Concealed Firearms
As used in NRS 202.3653 to 202.369 ,
inclusive, unless the context otherwise requires:
1. “Concealed firearm” means a loaded or unloaded pistol, revolver
or other firearm which is carried upon a person in such a manner as not
to be discernible by ordinary observation.
2. “Department” means the Department of Public Safety.
3. “Permit” means a permit to carry a concealed firearm issued
pursuant to the provisions of NRS 202.3653 to 202.369 ,
inclusive.
(Added to NRS by 1995, 2721; A 1997, 1175; 1999, 850 ; 2001, 2579 ; 2005, 596 )
1. Any person who is a resident of this State may apply to the
sheriff of the county in which he resides for a permit on a form
prescribed by regulation of the Department. Any person who is not a
resident of this State may apply to the sheriff of any county in this
State for a permit on a form prescribed by regulation of the Department.
Application forms for permits must be furnished by the sheriff of each
county upon request.
2. Except as otherwise provided in this section, the sheriff shall
issue a permit for one or more specific firearms to any person who is
qualified to possess each firearm under state and federal law, who
submits an application in accordance with the provisions of this section
and who:
(a) Is 21 years of age or older;
(b) Is not prohibited from possessing a firearm pursuant to NRS
202.360 ; and
(c) Demonstrates competence with each firearm by presenting a
certificate or other documentation to the sheriff which shows that he:
(1) Successfully completed a course in firearm safety
approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety
offered by a federal, state or local law enforcement agency, community
college, university or national organization that certifies instructors
in firearm safety.
Ê Such a course must include instruction in the use of each firearm to
which the application pertains and in the laws of this State relating to
the use of a firearm. A sheriff may not approve a course in firearm
safety pursuant to subparagraph (1) unless he determines that the course
meets any standards that are established by the Nevada Sheriffs’ and
Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association
ceases to exist, its legal successor.
3. The sheriff shall deny an application or revoke a permit if he
determines that the applicant or permittee:
(a) Has an outstanding warrant for his arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental
health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled
substance to the extent that his normal faculties are impaired. For the
purposes of this paragraph, it is presumed that a person has so used
intoxicating liquor or a controlled substance if, during the immediately
preceding 5 years, he has been:
(1) Convicted of violating the provisions of NRS 484.379
; or
(2) Committed for treatment pursuant to NRS 458.290 to 458.350 , inclusive.
(e) Has been convicted of a crime involving the use or threatened
use of force or violence punishable as a misdemeanor under the laws of
this or any other state, or a territory or possession of the United
States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws
of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or
stalking, or is currently subject to a restraining order, injunction or
other order for protection against domestic violence.
(h) Is currently on parole or probation from a conviction obtained
in this State or in any other state or territory or possession of the
United States.
(i) Has, within the immediately preceding 5 years, been subject to
any requirements imposed by a court of this State or of any other state
or territory or possession of the United States, as a condition to the
court’s:
(1) Withholding of the entry of judgment for his conviction
of a felony; or
(2) Suspension of his sentence for the conviction of a
felony.
(j) Has made a false statement on any application for a permit or
for the renewal of a permit.
4. The sheriff may deny an application or revoke a permit if he
receives a sworn affidavit stating articulable facts based upon personal
knowledge from any natural person who is 18 years of age or older that
the applicant or permittee has or may have committed an offense or
engaged in any other activity specified in subsection 3 which would
preclude the issuance of a permit to the applicant or require the
revocation of a permit pursuant to this section.
5. If the sheriff receives notification submitted by a court or
law enforcement agency of this or any other state, the United States or a
territory or possession of the United States that a permittee or an
applicant for a permit has been charged with a crime involving the use or
threatened use of force or violence, the conviction for which would
require the revocation of a permit or preclude the issuance of a permit
to the applicant pursuant to this section, the sheriff shall suspend the
person’s permit or the processing of his application until the final
disposition of the charges against him. If a permittee is acquitted of
the charges against him, or if the charges are dropped, the sheriff shall
restore his permit without imposing a fee.
6. An application submitted pursuant to this section must be
completed and signed under oath by the applicant. The applicant’s
signature must be witnessed by an employee of the sheriff or notarized by
a notary public. The application must include:
(a) The name, address, place and date of birth, social security
number, occupation and employer of the applicant and any other names used
by the applicant;
(b) A complete set of the applicant’s fingerprints taken by the
sheriff or his agent;
(c) A front-view colored photograph of the applicant taken by the
sheriff or his agent;
(d) If the applicant is a resident of this State, the driver’s
license number or identification card number of the applicant issued by
the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the driver’s
license number or identification card number of the applicant issued by
another state or jurisdiction;
(f) The make, model and caliber of each firearm to which the
application pertains;
(g) A nonrefundable fee in the amount necessary to obtain the
report required pursuant to subsection 1 of NRS 202.366 ; and
(h) A nonrefundable fee set by the sheriff not to exceed $60.
(Added to NRS by 1995, 2721; A 1997, 1175; 2001, 612 , 618 , 2579 ; 2003, 8 , 11 )
1. Upon receipt by a sheriff of an application for a permit, the
sheriff shall conduct an investigation of the applicant to determine if
he is eligible for a permit. In conducting the investigation, the sheriff
shall forward a complete set of the applicant’s fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report concerning the
criminal history of the applicant. The sheriff shall issue a permit to
the applicant unless he is not qualified to possess a handgun pursuant to
state or federal law or is not otherwise qualified to obtain a permit
pursuant to NRS 202.3653 to 202.369
, inclusive, or the regulations adopted
pursuant thereto.
2. To assist the sheriff in conducting his investigation, any
local law enforcement agency, including the sheriff of any county, may
voluntarily submit to the sheriff a report or other information
concerning the criminal history of an applicant.
3. Within 120 days after a complete application for a permit is
submitted, the sheriff to whom the application is submitted shall grant
or deny the application. If the application is denied, the sheriff shall
send the applicant written notification setting forth the reasons for the
denial. If the application is granted, the sheriff shall provide the
applicant with a permit containing a colored photograph of the applicant
and containing such other information as may be prescribed by the
Department. The permit must be in substantially the following form:
NEVADA CONCEALED FIREARM PERMIT
County...............................................
Permit Number.....................................
Expires................................................
Date of Birth........................................
Height................................................
Weight..................................................
Name..................................................
Address................................................
City.....................................................
Zip.........................................................
Photograph
Signature...........................................
Issued by...........................................
Date of Issue.....................................
Make, model and caliber of each authorized
firearm.................................................
4. Unless suspended or revoked by the sheriff who issued the
permit, a permit expires:
(a) If the permittee was a resident of this State at the time the
permit was issued, on the fifth anniversary of the permittee’s birthday,
measured from the birthday nearest the date of issuance or renewal.
(b) If the permittee was not a resident of this State at the time
the permit was issued, on the third anniversary of the permittee’s
birthday, measured from the birthday nearest the date of issuance or
renewal.
5. If the date of birth of a permittee is on February 29 in a leap
year, for the purposes of NRS 202.3653
to 202.369 , inclusive, his date of
birth shall be deemed to be on February 28.
(Added to NRS by 1995, 2723; A 1999, 2094 ; 2001, 614 , 620 ; 2003, 13 , 2846 )
1. Except as otherwise provided in this section and NRS 202.3665
:
(a) An application for a permit, and all information contained
within that application; and
(b) All information provided to a sheriff or obtained by a sheriff
in the course of his investigation of an applicant,
Ê are confidential.
2. Any records regarding an applicant or permittee may be released
to a law enforcement agency for the purpose of conducting an
investigation or prosecution.
3. Statistical abstracts of data compiled by a sheriff regarding
permits applied for or issued pursuant to NRS 202.3653 to 202.369 ,
inclusive, including, but not limited to, the number of applications
received and permits issued, may be released to any person.
(Added to NRS by 1997, 1174; A 1999, 851 )
If an application for a permit is denied by a sheriff, the applicant who
submitted the application may seek a judicial review of the denial by
filing a petition in the district court for the county in which the
applicant filed his application for a permit. A judicial review conducted
pursuant to this section must be limited to a determination of whether
the denial was arbitrary, capricious or otherwise characterized by an
abuse of discretion and must be conducted in accordance with the
procedures set forth in chapter 233B of NRS
for reviewing a final decision of an agency.
(Added to NRS by 1995, 2724; A 2001, 615 )
1. If a sheriff who is processing an application for a permit
receives notification pursuant to NRS 202.3657 that the applicant has been:
(a) Charged with a crime involving the use or threatened use of
force or violence, the sheriff shall notify any victim of the crime of
the fact that the sheriff has, pursuant to NRS 202.3657 :
(1) Suspended the processing of the application until the
final disposition of the charges against the applicant; or
(2) Resumed the processing of the application following the
dropping of charges against the applicant or the acquittal of the
applicant.
(b) Convicted of a crime involving the use or threatened use of
force or violence, the sheriff shall notify any victim of the crime of
the fact that the sheriff has, pursuant to NRS 202.3657 , denied the application.
2. If a sheriff who has issued a permit to a permittee receives
notification pursuant to NRS 202.3657
that the permittee has been:
(a) Charged with a crime involving the use or threatened use of
force or violence, the sheriff shall notify any victim of the crime of
the fact that the sheriff has, pursuant to NRS 202.3657 :
(1) Suspended the permit of the permittee until the final
disposition of the charges against the permittee; or
(2) Restored the permit of the permittee following the
dropping of charges against the permittee or the acquittal of the
permittee.
(b) Convicted of a crime involving the use or threatened use of
force or violence, the sheriff shall notify any victim of the crime of
the fact that the sheriff has, pursuant to NRS 202.3657 , revoked the permit of the permittee.
3. The sheriff shall notify a victim pursuant to subsection 1 or 2
not later than 10 days after the date on which the sheriff performs one
of the actions listed in subsection 1 or 2 concerning an application or a
permit.
(Added to NRS by 1999, 850 )
1. Each permittee shall carry the permit, or a duplicate issued
pursuant to the provisions of NRS 202.367 , together with proper identification whenever
the permittee is in actual possession of a concealed firearm. Both the
permit and proper identification must be presented if requested by a
peace officer.
2. A permittee who violates the provisions of this section is
subject to a civil penalty of $25 for each violation.
(Added to NRS by 1995, 2724)
1. A permittee shall notify the sheriff who issued his permit in
writing within 30 days if:
(a) His permanent address changes; or
(b) His permit is lost, stolen or destroyed.
2. The sheriff shall issue a duplicate permit to a permittee if he:
(a) Submits a written statement to the sheriff, signed under oath,
stating that his permit has been lost, stolen or destroyed; and
(b) Pays a nonrefundable fee of $15.
3. If any permittee subsequently finds or recovers his permit
after being issued a duplicate permit pursuant to this section, he shall,
within 10 days:
(a) Notify the sheriff in writing; and
(b) Return the duplicate permit to the sheriff.
4. A permittee who fails to notify a sheriff pursuant to the
provisions of this section is subject to a civil penalty of $25.
(Added to NRS by 1995, 2724)
1. Except as otherwise provided in subsections 2 and 3, a
permittee may carry a concealed firearm while he is on the premises of
any public building.
2. A permittee shall not carry a concealed firearm while he is on
the premises of a public building that is located on the property of a
public airport.
3. A permittee shall not carry a concealed firearm while he is on
the premises of:
(a) A public building that is located on the property of a public
school or the property of the Nevada System of Higher Education, unless
the permittee has obtained written permission to carry a concealed
firearm while he is on the premises of the public building pursuant to
paragraph (c) of subsection 3 of NRS 202.265 .
(b) A public building that has a metal detector at each public
entrance or a sign posted at each public entrance indicating that no
firearms are allowed in the building, unless the permittee is not
prohibited from carrying a concealed firearm while he is on the premises
of the public building pursuant to subsection 4.
4. The provisions of paragraph (b) of subsection 3 do not prohibit:
(a) A permittee who is a judge from carrying a concealed firearm in
the courthouse or courtroom in which he presides or from authorizing a
permittee to carry a concealed firearm while in the courtroom of the
judge and while traveling to and from the courtroom of the judge.
(b) A permittee who is a prosecuting attorney of an agency or
political subdivision of the United States or of this State from carrying
a concealed firearm while he is on the premises of a public building.
(c) A permittee who is employed in the public building from
carrying a concealed firearm while he is on the premises of the public
building.
(d) A permittee from carrying a concealed firearm while he is on
the premises of the public building if the permittee has received written
permission from the person in control of the public building to carry a
concealed firearm while the permittee is on the premises of the public
building.
5. A person who violates subsection 2 or 3 is guilty of a
misdemeanor.
6. As used in this section, “public building” means any building
or office space occupied by:
(a) Any component of the Nevada System of Higher Education and used
for any purpose related to the System; or
(b) The Federal Government, the State of Nevada or any county,
city, school district or other political subdivision of the State of
Nevada and used for any public purpose.
Ê If only part of the building is occupied by an entity described in this
subsection, the term means only that portion of the building which is so
occupied.
(Added to NRS by 1995, 2725; A 1997, 63; 1999, 2767 )
1. If a permittee wishes to renew his permit, the permittee must
complete and submit to the sheriff who issued the permit an application
for renewal of the permit.
2. An application for the renewal of a permit must:
(a) Be completed and signed under oath by the applicant;
(b) Contain a statement that the applicant is eligible to receive a
permit pursuant to NRS 202.3657 ; and
(c) Be accompanied by a nonrefundable fee of $25.
Ê If a permittee fails to renew his permit on or before the date of
expiration of his permit, the application for renewal must include an
additional nonrefundable late fee of $15.
3. No permit may be renewed pursuant to this section unless the
permittee has demonstrated continued competence with a firearm by
successfully completing a course prescribed by the sheriff renewing the
permit.
(Added to NRS by 1995, 2725)
1. A retired law enforcement officer who is a resident of this
State may apply, on a form prescribed by regulation of the Department, to
the sheriff of the county in which he resides for any certification
required pursuant to 18 U.S.C. § 926C(d) to become a qualified retired
law enforcement officer. Application forms for certification must be
provided by the sheriff of each county upon request.
2. The sheriff shall provide the certification pursuant to
subsection 1 to a retired law enforcement officer who submits a completed
application and pays any fee required pursuant to subsection 3 if the
sheriff determines that the officer meets the standards for training and
qualifications.
3. The sheriff may impose a nonrefundable fee in the amount
necessary to pay the expenses in providing the certification.
4. As used in this section, “qualified retired law enforcement
officer” has the meaning ascribed to it in 18 U.S.C. § 926C.
(Added to NRS by 2005, 593 )
All fees
collected pursuant to the provisions of NRS 202.3653 to 202.369 ,
inclusive, must be deposited with the county treasurer of the county in
which the fees are collected and:
1. If the county has a metropolitan police department created
pursuant to chapter 280 of NRS, credited to
the general fund of that metropolitan police department; or
2. If the county does not have a metropolitan police department
created pursuant to chapter 280 of NRS,
credited to the general fund of that county.
(Added to NRS by 1995, 2725; A 2005, 596 )
The State or any political subdivision of the State, the
Department, a sheriff, law enforcement agency, firearm safety or training
instructor or any other person who, in good faith and without gross
negligence, acts pursuant to the provisions of NRS 202.3653 to 202.369 ,
inclusive, is immune from civil liability for those acts. Such acts
include, but are not limited to, the receipt, review or investigation of
an application for a permit, the certification of a retired law
enforcement officer, or the issuance, denial, suspension, revocation or
renewal of a permit.
(Added to NRS by 1995, 2725; A 2005, 596 )
1. The provisions of NRS 202.3653 to 202.369 ,
inclusive, do not prohibit a sheriff from issuing a temporary permit to
carry a concealed firearm. A temporary permit may include, but is not
limited to, provisions specifying the period for which the permit is
valid.
2. Each sheriff who issues a permit pursuant to the provisions of
NRS 202.3653 to 202.369 , inclusive, shall provide such information
concerning the permit and the person to whom it is issued to the Central
Repository for Nevada Records of Criminal History.
(Added to NRS by 1995, 2726; A 1999, 2095 )
The Department may adopt such
regulations as are necessary to carry out the provisions of NRS 202.3653
to 202.369 , inclusive.
(Added to NRS by 1995, 2726; A 2005, 596 )
TEAR GAS BOMBS AND WEAPONS
As used in NRS 202.370 to 202.440 ,
inclusive:
1. “Shell,” “cartridge” or “bomb” includes all shells, cartridges
or bombs capable of being discharged or exploded, when such discharge or
explosions will cause or permit the release or emission of tear gas.
2. “Tear gas” includes all liquid, gaseous or solid substances
intended to produce temporary physical discomfort or permanent injury
through being vaporized or otherwise dispersed in the air. The term does
not include a liquid, gaseous or solid substance whose active ingredient
is composed of natural substances or products derived from natural
substances which cause no permanent injury through being vaporized or
otherwise dispersed in the air.
3. “Weapon designed for the use of such shell, cartridge or bomb”
includes all revolvers, pistols, fountain pen guns, billies, riot guns or
other form of device, portable or fixed, intended for the projection or
release of tear gas except those regularly manufactured and sold for use
with firearm ammunition.
[2:273:1955]—(NRS A 1977, 887; 1981, 2051)
370 to 202.440 ,
inclusive, to small weapons containing “CS” tear gas and to certain law
enforcement, correctional and military personnel.
1. The provisions of NRS 202.370
to 202.440 , inclusive, do not apply to
the sale or purchase by any adult, or the possession or use by any
person, including a minor but not including a convicted person as defined
in NRS 179C.010 , of any form of:
(a) Cartridge which contains not more than 2 fluid ounces in volume
of “CS” tear gas that may be propelled by air or another gas, but not an
explosive, in the form of an aerosol spray; or
(b) Weapon designed for the use of such a cartridge which does not
exceed that size,
Ê and which is designed and intended for use as an instrument of
self-defense.
2. A seller, before delivering to a purchaser a cartridge or
weapon which may be sold pursuant to subsection 1, must record and
maintain for not less than 2 years the name and address of the purchaser
and the brand name, model number or type, and serial number if there is
one, of the weapon or cartridge, or both.
3. The provisions of NRS 202.370
to 202.440 , inclusive, do not prohibit
police departments or regular salaried peace officers thereof, sheriffs
and their regular salaried deputies, the Director, deputy director and
superintendents of, and guards employed by, the Department of
Corrections, personnel of the Nevada Highway Patrol or the military or
naval forces of this state or of the United States from purchasing,
possessing or transporting any shells, cartridges, bombs or weapons for
official use in the discharge of their duties.
4. As used in this section, “CS” tear gas means a crystalline
powder containing ortho-chlorobenzalmalononitrile.
(Added to NRS by 1981, 2050; A 2001 Special Session, 232 )
370 to
202.440 , inclusive; penalties.
1. A person, other than a convicted person, who within this state
knowingly sells or offers for sale, possesses or transports any form of
shell, cartridge or bomb containing or capable of emitting tear gas, or
any weapon designed for the use of such shell, cartridge or bomb, except
as permitted under the provisions of NRS 202.370 to 202.440 ,
inclusive, is guilty of a gross misdemeanor.
2. A convicted person who owns or has in his possession or under
his custody or control any form of shell, cartridge or bomb containing or
capable of emitting tear gas, or any weapon designed for the use of such
a shell, cartridge or bomb, 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.
3. As used in this section, the term “convicted person” has the
meaning ascribed to it in NRS 179C.010 .
[1:273:1955]—(NRS A 1967, 487; 1975, 116; 1977, 867; 1981, 2051;
1995, 1209)
1. Each tear gas weapon sold, transported or possessed under the
authority of NRS 202.370 to 202.440
, inclusive, shall bear the name of the
manufacturer and a serial number applied by him.
2. No person shall change, alter, remove or obliterate the name of
the manufacturer, the serial number or any other mark of identification
on any tear gas weapon. Possession of any such weapon upon which the same
shall have been changed, altered, removed or obliterated, shall be
presumptive evidence that such possessor has changed, altered, removed or
obliterated the same.
3. Any person who violates any of the provisions of this section
is guilty of a gross misdemeanor.
[3:273:1955] + [4:273:1955]—(NRS A 1967, 488)
1. The sheriff of any county may issue a permit for the possession
and transportation of such shells, cartridges, bombs or weapons to any
applicant who submits proof that good cause exists for issuance of the
permit.
2. The permit may also allow the applicant to install, maintain
and operate a protective system involving the use of such shells,
cartridges, bombs or weapons in any place which is accurately and
completely described in the application for the permit.
[5:273:1955]—(NRS A 1973, 338; 1975, 116)
1. All applications for such permits shall:
(a) Be filed in writing;
(b) Be signed by the applicant if an individual, or by a member or
officer qualified to sign if the applicant is a firm or corporation; and
(c) State the name, business in which engaged, business address, a
full description of the place or vehicle in which such shells,
cartridges, bombs or weapons are to be transported, kept, installed or
maintained.
2. If such shells, cartridges, bombs or weapons are to be used in
connection with or to constitute a protective system, the application
shall also contain the name of the person who is to install such
protective system.
[6:273:1955]
Every person, firm or
corporation to whom a permit is issued shall either carry the same upon
his person or keep the same in the place described in the permit. The
permit shall be open to inspection by any peace officer or other person
designated by the authority issuing the permit.
[7:273:1955]—(NRS A 1975, 116)
Permits issued in accordance
with NRS 202.370 to 202.440 , inclusive, may be revoked by the issuing
authority at any time when it shall appear that the need for the
possession or transportation of such shells, cartridges, bombs, weapons,
or protective system involving the use of the same, has ceased, or that
the holder of the permit has engaged in an unlawful business or
occupation or has wrongfully made use of such shells, cartridges, bombs
or weapons or the permit issued.
[8:273:1955]
The sheriff of any county may also grant licenses in a form
to be prescribed by him, effective for not more than 1 year from the date
of issuance, to permit the sale at retail, at the place specified in the
license, of such shells, cartridges, bombs or weapons, and to permit the
installation and maintenance of protective systems involving the use of
such shells, cartridges, bombs or weapons, subject to the following
conditions, upon breach of any of which the license shall be subject to
forfeiture:
1. Such business shall be carried on only in the building
designated in the license.
2. Such license or certified copy thereof must be displayed on the
premises in a place where it may easily be read.
3. No such shell, cartridge, bomb or weapon shall be delivered to
any person not authorized to possess or transport the same under the
provisions of NRS 202.370 to 202.440
, inclusive. No protective system
involving the use of such shells, cartridges, bombs or weapons shall be
installed, nor shall supplies be sold for the maintenance of such system,
unless the licensee has personal knowledge of the existence of a valid
permit for the operation and maintenance of such system.
4. A complete record must be kept of sales made under the
authority of the license, showing the name and address of the purchaser,
the quantity and description of the articles purchased, together with the
serial number, if any, the number and date of issue of the purchaser’s
permit, and the signature of the purchaser or purchasing agent. No sale
shall be made unless the permit authorizing possession and transportation
of shells, cartridges, bombs or weapons is displayed to the seller and
the information herein required is copied therefrom. This record shall be
open to the inspection of any peace officer or other person designated by
the sheriff.
[9:273:1955]—(NRS A 1973, 338; 1975, 116)
ACTS OF TERRORISM; WEAPONS OF MASS DESTRUCTION; LETHAL AGENTS; TOXINS
As used in NRS 202.441 to 202.448 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 202.4415 to 202.4445
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1999, 3 ; A 2003, 2949 )
1. “Act of terrorism” means any act that involves the use or
attempted use of sabotage, coercion or violence which is intended to:
(a) Cause great bodily harm or death to the general population; or
(b) Cause substantial destruction, contamination or impairment of:
(1) Any building or infrastructure, communications,
transportation, utilities or services; or
(2) Any natural resource or the environment.
2. As used in this section, “coercion” does not include an act of
civil disobedience.
(Added to NRS by 2003, 2947 )
“Biological agent” means
any microorganism, virus, infectious substance or other biological
substance, material or product, or any component or compound thereof,
which is naturally occurring, cultivated, engineered, processed,
extracted or manufactured and which is capable of causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the environment.
(Added to NRS by 1999, 3 ; A 2003, 2949 )
“Chemical agent” means any
chemical substance, material or product, or any component or compound
thereof, which is naturally occurring, cultivated, engineered, processed,
extracted or manufactured and which is capable of causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the environment.
(Added to NRS by 2003, 2947 )
“Delivery system” means
any apparatus, equipment, implement, device or means of delivery which is
specifically designed to send, disperse, release, discharge or
disseminate any weapon of mass destruction, any biological agent,
chemical agent, radioactive agent or other lethal agent or any toxin.
(Added to NRS by 1999, 3 ; A 2003, 2949 )
1. “For use as a weapon” means having the capability to be used in
a harmful or threatening manner.
2. The term does not include any act that is done lawfully for a
prophylactic, protective or peaceful purpose.
(Added to NRS by 2003, 2947 )
“Material support” means
any financial, logistical, informational or other support or assistance
intended to further an act of terrorism.
(Added to NRS by 2003, 2947 )
“Oral, written or electronic communication” includes, without
limitation, any of the following:
1. A letter, note or any other type of written correspondence.
2. An item of mail or a package delivered by any person or postal
or delivery service.
3. A telegraph or wire service, or any other similar means of
communication.
4. A telephone, cellular phone, satellite phone, pager or
facsimile machine, or any other similar means of communication.
5. A radio, television, cable, closed circuit, wire, wireless,
satellite or other audio or video broadcast or transmission, or any other
similar means of communication.
6. An audio or video recording or reproduction, or any other
similar means of communication.
7. An item of electronic mail, a computer, computer network or
computer system, or any other similar means of communication.
(Added to NRS by 2003, 2947 )
“Radioactive agent”
means any radioactive substance, material or product, or any component or
compound thereof, which is naturally occurring, cultivated, engineered,
processed, extracted or manufactured and which is capable of causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the environment.
(Added to NRS by 2003, 2948 )
“Terrorist” means a person who
intentionally commits, causes, aids, furthers or conceals an act of
terrorism or attempts to commit, cause, aid, further or conceal an act of
terrorism.
(Added to NRS by 2003, 2948 )
“Toxin” means any toxic substance,
material or product, or any component or compound thereof, which is
naturally occurring, cultivated, engineered, processed, extracted or
manufactured and which is capable of causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the environment.
(Added to NRS by 1999, 3 ; A 2003, 2949 )
“Weapon of
mass destruction” means any weapon or device that is designed or intended
to create a great risk of death or substantial bodily harm to a large
number of persons.
(Added to NRS by 2003, 2948 )
1. A person shall not knowingly or intentionally commit or cause
an act of terrorism or attempt to commit or cause an act of terrorism.
2. A person shall not knowingly or intentionally:
(a) Aid, further or conceal or attempt to aid, further or conceal
an act of terrorism;
(b) Assist, solicit or conspire with another person to commit,
cause, aid, further or conceal an act of terrorism; or
(c) Provide material support with the intent that such material
support be used, in whole or in part, to:
(1) Commit, cause, aid, further or conceal an act of
terrorism; or
(2) Aid a terrorist or conceal a terrorist from detection or
capture.
3. A person who violates subsection 1 is guilty of a category A
felony and:
(a) Shall be punished by imprisonment:
(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; and
(b) Shall further be punished by a fine of at least $50,000 but not
more than $100,000.
4. A person who violates subsection 2 is guilty of a category A
felony and:
(a) Shall be punished by imprisonment:
(1) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been
served; or
(2) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been served; and
(b) Shall be further punished by a fine of at least $25,000 but not
more than $50,000.
5. In addition to any other penalty, the court shall order a
person who violates the provisions of this section to pay restitution:
(a) To each victim for any injuries that are a result of the
violation; and
(b) To the State of Nevada or a local government for any costs that
arise from the violation.
(Added to NRS by 2003, 2948 )
1. A person shall not knowingly:
(a) Develop, manufacture, produce, assemble, stockpile, transfer,
transport, acquire, retain, store, test or possess any weapon of mass
destruction, any biological agent, chemical agent, radioactive agent or
other lethal agent, any toxin or any delivery system for use as a weapon;
or
(b) Send, deliver, disperse, release, discharge, disseminate or use
any weapon of mass destruction, any biological agent, chemical agent,
radioactive agent or other lethal agent, any toxin or any delivery system:
(1) With the intent to cause harm, whether or not such harm
actually occurs; or
(2) Under circumstances reasonably likely to cause harm,
whether or not such harm actually occurs.
2. A person shall not knowingly:
(a) Attempt to do any act described in subsection 1; or
(b) Assist, solicit or conspire with another person to do any act
described in subsection 1.
3. A person who violates any provision of subsection 1 is guilty
of a category A felony and shall be punished:
(a) If the crime does not result in substantial bodily harm or
death:
(1) 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, and shall further be punished by a
fine of not more than $20,000; or
(2) By imprisonment in the state prison for a definite term
of 25 years, with eligibility for parole beginning when a minimum of 10
years has been served, and shall further be punished by a fine of not
more than $20,000.
(b) If the crime results in substantial bodily harm or death:
(1) By imprisonment in the state prison for life without the
possibility of parole, and shall further be punished by a fine of not
more than $50,000;
(2) 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, and shall further be punished by a
fine of not more than $50,000; or
(3) By imprisonment in the state prison for a definite term
of 40 years, with eligibility for parole beginning when a minimum of 20
years has been served, and shall further be punished by a fine of not
more than $50,000.
4. A person who violates any provision of subsection 2 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 shall further be punished by a fine of not
more than $10,000.
5. In addition to any other penalty, the court shall order a
person who violates the provisions of this section to pay restitution:
(a) To each victim for any injuries that are a result of the
violation; and
(b) To the State of Nevada or a local government for any costs that
arise from the violation.
6. The provisions of this section do not apply to any act that is
committed in a lawful manner and in the course of a lawful business,
event or activity.
(Added to NRS by 1999, 3 ; A 2003, 2949 )
1. A person shall not, through the use of any means of oral,
written or electronic communication, knowingly make any threat or convey
any false information concerning an act of terrorism or the presence,
development, manufacture, production, assemblage, transfer,
transportation, acquisition, retention, storage, testing, possession,
delivery, dispersion, release, discharge or use of any weapon of mass
destruction, any biological agent, chemical agent, radioactive agent or
other lethal agent or any toxin with the intent to:
(a) Injure, intimidate or alarm any person, whether or not any
person is actually injured, intimidated or alarmed thereby;
(b) Cause panic or civil unrest, whether or not such panic or civil
unrest actually occurs;
(c) Extort or profit thereby, whether or not the extortion is
actually successful or any profit actually occurs; or
(d) Interfere with the operations of or cause economic or other
damage to any person or any officer, agency, board, bureau, commission,
department, division or other unit of federal, state or local government,
whether or not such interference or damage actually occurs.
2. A person who violates any provision of subsection 1 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.
3. The provisions of this section do not apply to any act that is
committed in a lawful manner and in the course of a lawful business,
event or activity.
(Added to NRS by 1999, 4 ; A 2003, 2950 )
PUBLIC NUISANCES
1. A public nuisance is a crime against the order and economy of
the State.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted
without a license as provided by law, or wherein any swindling game or
device, or bucket shop, or any agency therefor is conducted, or any
article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted as a gaming activity;
(d) Wherein any intoxicating liquors are kept for unlawful use,
sale or distribution;
(e) Wherein a controlled substance, immediate precursor as defined
in NRS 453.086 or controlled substance analog as defined in NRS 453.043
is unlawfully sold, served, stored, kept, manufactured, used
or given away; or
(f) Where vagrants resort,
Ê is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty,
which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or
repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to
obstruct, or renders dangerous for passage, a lake, navigable river, bay,
stream, canal, ditch, millrace or basin, or a public park, square,
street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in
life or the use of property,
Ê is a public nuisance.
4. Agricultural activity conducted on farmland consistent with
good agricultural practice and established before surrounding
nonagricultural activities is not a public nuisance unless it has a
substantial adverse effect on the public health or safety. It is presumed
that an agricultural activity which does not violate a federal, state or
local law, ordinance or regulation constitutes good agricultural practice.
5. A shooting range is not a public nuisance with respect to any
noise attributable to the shooting range if the shooting range is in
compliance with the provisions of all applicable statutes, ordinances and
regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting
range that begins operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range
begins operation, for a shooting range in operation after October 1, 1997.
Ê A shooting range is not subject to any state or local law related to
the control of noise that is adopted or amended after the date set forth
in paragraph (a) or (b), as applicable, and does not constitute a
nuisance for failure to comply with any such law.
6. As used in this section, “shooting range” has the meaning
ascribed to it in NRS 40.140 .
[1911 C&P § 296; A 1941, 64; 1949, 143; 1943 NCL § 10244]—(NRS A
1973, 463; 1977, 1039; 1985, 874; 1997, 951, 1472, 1473, 3129; 1999, 641
)
An act which affects a considerable
number of persons in any of the ways specified in NRS 202.450 is not less a public nuisance because the
extent of the damage is unequal.
[1911 C&P § 297; RL § 6562; NCL § 10245]
Every
person who:
1. Shall commit or maintain a public nuisance, for which no
special punishment is prescribed; or
2. Shall willfully omit or refuse to perform any legal duty
relating to the removal of such nuisance; or
3. Shall let, or permit to be used, any building or boat, or
portion thereof, knowing that it is intended to be, or is being used, for
committing or maintaining any such nuisance,
Ê shall be guilty of a misdemeanor.
[1911 C&P § 298; RL § 6563; NCL § 10246]
Any court or magistrate before
whom there may be pending any proceeding for a violation of NRS 202.470
shall, in addition to any fine or other
punishment which it may impose for such violation, order such nuisance
abated, and all property unlawfully used in the maintenance thereof
destroyed by the sheriff at the cost of the defendant.
[1911 C&P § 299; RL § 6564; NCL § 10247]
MISCELLANEOUS CRIMES CONCERNING PUBLIC SAFETY
1. As used in this section, a dog is:
(a) “Dangerous” if:
(1) It is so declared pursuant to subsection 2; or
(2) Without provocation, on two separate occasions within 18
months, it behaves menacingly, to a degree that would lead a reasonable
person to defend himself against substantial bodily harm, when the dog is:
(I) Off the premises of its owner or keeper; or
(II) Not confined in a cage, pen or vehicle.
(b) “Provoked” when it is tormented or subjected to pain.
(c) “Vicious” if:
(1) Without being provoked, it kills or inflicts substantial
bodily harm upon a human being; or
(2) After its owner or keeper has been notified by a law
enforcement agency that it is dangerous, it continues the behavior
described in paragraph (a).
2. A dog may be declared dangerous by a law enforcement agency if
it is used in the commission of a crime by its owner or keeper.
3. A dog may not be found dangerous or vicious because of a
defensive act against a person who was committing or attempting to commit
a crime or who provoked the dog.
4. A person who knowingly:
(a) Owns or keeps a vicious dog, for more than 7 days after he has
actual notice that the dog is vicious; or
(b) Transfers ownership of a vicious dog after he has actual notice
that the dog is vicious,
Ê is guilty of a misdemeanor.
5. If substantial bodily harm results from an attack by a dog
known to be vicious, its owner or keeper is guilty of a category D felony
and shall be punished as provided in NRS 193.130 . In lieu of, or in addition to, a penalty
provided in this subsection, the judge may order the vicious dog to be
humanely destroyed.
6. This section does not apply to a dog used by a law enforcement
officer in the performance of his duty.
[1911 C&P § 176; RL § 6441; NCL § 10123]—(NRS A 1967, 488; 1993,
2887; 1995, 1209)
1. The doors of all theaters, opera houses, school buildings,
churches, public halls, or places used for public entertainments,
exhibitions or meetings, which are used exclusively or in part for
admission to or egress from the same, or any part thereof, shall be so
hung and arranged as to open outwardly, and during any exhibition,
entertainment or meeting shall be kept unlocked and unfastened, and in
such condition that in case of danger or necessity, immediate escape from
such building shall not be prevented or delayed.
2. Every agent or lessee of any such building who shall rent the
same or allow it to be used for any of the public purposes mentioned in
subsection 1 without having the doors thereof hung and arranged as
provided in this section shall, for each violation of any provision of
this section, be guilty of a misdemeanor.
[1911 C&P § 316; RL § 6581; NCL § 10264]
1. Except as otherwise provided in subsection 2, a person is
guilty of a misdemeanor who:
(a) Rides or drives a horse upon a public street or highway in a
manner likely to endanger the safety or life of another person on the
public street or highway.
(b) While riding or driving a horse upon a public street or
highway, creates or participates in any noise, disturbance or other
demonstration calculated or intended to frighten, intimidate or disturb
any person.
2. The provisions of this section do not apply to a peace officer
who rides or drives a horse while performing his duties as a peace
officer if he:
(a) Is responding to an emergency call or is in pursuit of a
suspected violator of the law; or
(b) Determines that noncompliance with any such provision is
necessary to carry out his duties.
[1911 C&P § 324; RL § 6589; NCL § 10272]—(NRS A 2001, 996 )
Every proprietor, lessee or
occupant of any place of amusement, plat of ground or building, who shall
allow it to be used for an exhibition of skill in throwing any sharp
instrument or in shooting any bow gun, pistol or firearm of any
description, at or toward any human being, shall be guilty of a
misdemeanor.
[1911 C&P § 325; RL § 6590; NCL § 10273]
1. It is unlawful for any person to place any lethal bait on the
public domain:
(a) Within 3 miles of any place of habitation, whether occupied or
vacant; or
(b) At any other place unless it is marked by a steel or wooden
post extending not less than 4 feet above the ground, having the
uppermost 8 inches painted red and bearing a suitable sign advising of
the presence of lethal bait. The post must be installed in the immediate
vicinity of the bait, and the post and sign must be maintained at all
times during which the lethal bait is exposed; or
(c) At any place by distribution from an airplane except upon
written permit first obtained from the committee to control predatory
animals.
2. Any person violating any provision of subsection 1 is guilty of
a misdemeanor.
3. Every person other than the person who placed the bait, post or
sign, who willfully removes any lethal bait, or post or sign advising of
the presence of any lethal bait, is guilty of a misdemeanor.
[1911 C&P § 326.1; added 1953, 524] + [1911 C&P § 326.2; added
1953, 524]—(NRS A 1985, 748)
1. Any person who discards or abandons in any place accessible to
children, or who has in his possession, any refrigerator, icebox or
deep-freeze locker, having a capacity of 1 1/2 cubic feet or more which
is no longer in use and which has not had the door removed, shall be
punished by a fine of not more than $500.
2. Any owner, lessee or manager who knowingly permits such
abandoned or discarded refrigerator, icebox or deep-freeze locker to
remain on premises under his control without having the door removed
shall be punished by a fine of not more than $500.
3. Guilt of a violation of this section shall not in itself render
one guilty of manslaughter, battery or other crime against a person who
may suffer death or injury from entrapment in such refrigerator, icebox,
or deep-freeze locker.
4. The provisions of this section shall not apply to any vendor or
seller of refrigerators, iceboxes or deep-freeze lockers who keeps or
stores them for sale purposes, if the vendor or seller takes reasonable
precautions to secure effectively the door of any such refrigerator,
icebox or deep-freeze locker so as to prevent entrance by children small
enough to fit therein.
[1911 C&P § 326.5; added 1953, 206]—(NRS A 1967, 488)
1. A parent, legal guardian or other person responsible for a
child who is 7 years of age or younger shall not knowingly and
intentionally leave that child in a motor vehicle if:
(a) The conditions present a significant risk to the health and
safety of the child; or
(b) The engine of the motor vehicle is running or the keys to the
vehicle are in the ignition,
Ê unless the child is being supervised by and within the sight of a
person who is at least 12 years of age.
2. A person who violates the provisions of subsection 1 is guilty
of a misdemeanor. The court may suspend the proceedings against a person
who is charged with violating subsection 1 and dismiss the proceedings
against the person if the person presents proof to the court, within the
time specified by the court, that he has successfully completed an
educational program satisfactory to the court. The educational program
must include, without limitation, information concerning the dangers of
leaving a child unattended or inadequately attended in a motor vehicle.
3. A law enforcement officer or other person rendering emergency
services who reasonably believes that a violation of this section has
occurred may, without incurring civil liability, use any reasonable means
necessary to protect the child and to remove the child from the motor
vehicle.
4. No person may be prosecuted under this section if the conduct
would give rise to prosecution under any other provision of law.
5. The provisions of this section do not apply to a person who
unintentionally locks a motor vehicle with a child in the vehicle.
6. As used in this section, “motor vehicle” means every vehicle
which is self-propelled but not operated upon rails.
(Added to NRS by 2005, 973 )
1. Every person who willfully and maliciously removes, damages or
destroys any rope, wire, bell, signal, instrument or apparatus for the
communication of alarms of fire or police calls is guilty of an offense
proportionate to the value of the property removed, damaged or destroyed,
but in no event less than a misdemeanor.
2. Every contractor who willfully or maliciously installs or
causes to be installed in any structure a fire protection system knowing
it to be inoperable, or who impairs the effectiveness of a fire
protection system in any structure to an extent that a person in the
structure would be endangered in the event of a fire, shall be punished
by the permanent revocation of every license issued to him by this state
or any political subdivision authorizing him to install fire protection
systems, and for a gross misdemeanor.
3. The conviction of a person for a violation of the provisions of
subsection 2 does not preclude the prosecution of that person for
deceptive trade practices, fraud or similar crimes.
4. As used in this section:
(a) “Automatic fire extinguishing system” means a system approved
by the State Fire Marshal that is installed in a structure and designed
to extinguish a specific type of fire. This type of system includes dry
chemical, carbon dioxide, halogenated agent, steam, high-expansion foam,
foam extinguishing and liquid agent systems.
(b) “Automatic fire sprinkler system” means a system of underground
or overhead pipes, or both, to which sprinklers are attached that is
installed in a structure and designed to discharge water automatically
when activated by heat from a fire and to sound an alarm when the system
is in operation.
(c) “Contractor” means any person, including a subcontractor,
employee or agent of the contractor, who, for another person and for
compensation or with the intention or expectation of receiving
compensation, undertakes to install or cause to be installed, by himself
or by or through others, in any structure, a fire protection system.
(d) “Fire alarm system” means a system composed of a control unit
and a combination of electrical devices that is designed to sound an
alarm in the event of a fire and that may be activated manually,
automatically or in both ways.
(e) “Fire protection system” includes an automatic fire sprinkler
system, an automatic fire extinguishing system, a fire alarm system and a
standpipe system.
(f) “Standpipe system” means a system of pipes, valves, connectors
and related equipment that is attached to a water supply and designed so
that water can be discharged through a hose attached to a connector for
the purpose of extinguishing a fire.
(g) “Structure” includes a building, bridge, tunnel and power plant.
[1911 C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1967, 489; 1989,
1044)
Unless a
greater penalty is otherwise provided by statute and except under the
circumstances described in NRS 484.377 , a person who performs any act or neglects any duty imposed by
law in willful or wanton disregard of the safety of persons or property
shall be punished:
1. If the act or neglect does not result in the substantial bodily
harm or death of a person, for a gross misdemeanor.
2. If the act or neglect results in the substantial bodily harm or
death of a person, for a category C felony as provided in NRS 193.130
.
(Added to NRS by 1995, 466; A 1995, 1332)
EXPLOSIVES; BOMB THREATS
As used in NRS 202.750 to 202.840 ,
inclusive, the term “explosive” means gunpowders, powders used for
blasting, all forms of high explosives, blasting materials, fuses (other
than electric circuit breakers), detonators and other detonating agents,
smokeless powders, other explosive or incendiary devices and any chemical
compounds, mechanical mixtures or device that contains any oxidizing and
combustible units, or other ingredients, in such proportions, quantities
or packing that ignition by fire, by friction, by concussion, by
percussion, or by detonation of the compound, mixture or device or any
part thereof may cause an explosion.
(Added to NRS by 1971, 1280)
It is unlawful for any person:
1. Who is under indictment for, or has been convicted in any court
of, a crime relating to the practice of shipping or transporting
explosives that is punishable by imprisonment for a term exceeding 1 year;
2. Who is a fugitive from justice;
3. Who is an unlawful user of or addicted to any depressant or
stimulant drug or any controlled substance; or
4. Who has been judicially declared mentally ill or who has been
committed to a hospital as mentally ill,
Ê to ship or transport any explosive within the State or to receive any
explosive which has been shipped or transported within the State.
(Added to NRS by 1971, 1280; A 1973, 26; 1987, 1548; 2003, 2691
)
Any explosive
involved or used or intended to be used in any violation of NRS 202.750
to 202.840 , inclusive, or any other law or ordinance
shall be subject to seizure or forfeiture of those materials.
(Added to NRS by 1971, 1281)
A person who transports or receives, or attempts to
transport or receive within the State, any explosive with the knowledge
or intent that it will be used to kill, injure or intimidate a person or
unlawfully to damage or destroy any building, vehicle or real property is
guilty of a category B felony and shall be punished:
1. If no substantial bodily harm results, 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 less than $2,000 nor
more than $10,000, or by both fine and imprisonment.
2. If substantial bodily harm results, 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 less than $2,000 nor
more than $20,000, or by both fine and imprisonment.
(Added to NRS by 1971, 1281; A 1973, 1806; 1995, 1210)
Nothing in NRS 202.760 to 202.790 ,
inclusive, shall be construed to prevent any person from transporting or
receiving any explosive pursuant to any authority granted by the Federal
Government or this state or for any lawful purpose.
(Added to NRS by 1971, 1281)
Any person who possesses an explosive in any building in
whole or in part owned, possessed or used by or leased to the State of
Nevada, or any department or agency thereof, except with the written
consent of the agency, department or other person responsible for the
management of such building, shall be imprisoned for no more than 1 year,
or fined no more than $1,000, or both. In no instance shall imprisonment
be less than 6 months, or the fine less than $500.
(Added to NRS by 1971, 1281)
1. A person who:
(a) Uses an explosive to commit any felony; or
(b) Carries an explosive unlawfully during the commission of any
felony,
Ê is guilty of a separate felony unless the use of an explosive is a
necessary element of the other crime.
2. A person who commits the offense described in subsection 1 is
guilty of a category B felony and shall be punished:
(a) For the first offense, 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.
(b) For the second or any subsequent offense, 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.
(Added to NRS by 1971, 1281; A 1979, 1436; 1995, 1210)
A person who maliciously damages or destroys, or
attempts to damage or destroy, by means of an explosive, any building,
vehicle or real property in the State:
1. If no substantial bodily harm results, 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, or by a fine of not less than $2,000 nor more than $10,000, or
by both fine and imprisonment.
2. If substantial bodily harm results, 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 by a fine of not less than $2,000 nor more than $20,000, or
by both fine and imprisonment.
(Added to NRS by 1971, 1282; A 1973, 1807; 1995, 1210)
A person who
through the use of the mail, written note, telephone, telegraph, radio
broadcast or other means of communication, willfully makes any threat, or
maliciously conveys false information knowing it to be false, concerning
an attempt or alleged attempt being made, or to be made, to kill, injure
or intimidate any person or unlawfully to damage or destroy any building,
vehicle, aircraft or other real or personal property by means of any
explosive, bomb, spring trap or mechanism known or commonly thought to be
dangerous to human life, limb or safety 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.
(Added to NRS by 1971, 1282; A 1973, 552; 1979, 1436; 1995, 1211)
REPORTING OF CERTAIN OFFENSES AGAINST CHILDREN
As used in NRS 202.870 to 202.894 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 202.873 and 202.876
have the meanings ascribed to them in
those sections.
(Added to NRS by 1999, 3521 )
“Law enforcement
agency” means:
1. The Office of the Attorney General or the office of a district
attorney within this State and any attorney, investigator, special
investigator or employee who is acting in his professional or
occupational capacity for such an office; or
2. Any other law enforcement agency within this State and any
peace officer or employee who is acting in his professional or
occupational capacity for such an agency.
(Added to NRS by 1999, 3521 )
“Violent or
sexual offense” means any act that, if prosecuted in this State, would
constitute any of the following offenses:
1. Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260 ,
inclusive.
2. Mayhem pursuant to NRS 200.280 .
3. Kidnapping pursuant to NRS 200.310 to 200.340 ,
inclusive.
4. Sexual assault pursuant to NRS 200.366 .
5. Robbery pursuant to NRS 200.380 .
6. Administering poison or another noxious or destructive
substance or liquid with intent to cause death pursuant to NRS 200.390
.
7. Battery with intent to commit a crime pursuant to NRS 200.400
.
8. Administering a drug or controlled substance to another person
with the intent to enable or assist the commission of a felony or crime
of violence pursuant to NRS 200.405 or
200.408 .
9. False imprisonment pursuant to NRS 200.460 , if the false imprisonment involves the use or
threatened use of force or violence against the victim or the use or
threatened use of a firearm or a deadly weapon.
10. Assault with a deadly weapon pursuant to NRS 200.471 .
11. Battery which is committed with the use of a deadly weapon or
which results in substantial bodily harm pursuant to NRS 200.481 .
12. An offense involving pornography and a minor pursuant to NRS
200.710 or 200.720 .
13. Solicitation of a minor to engage in acts constituting the
infamous crime against nature pursuant to NRS 201.195 .
14. Intentional transmission of the human immunodeficiency virus
pursuant to NRS 201.205 .
15. Open or gross lewdness pursuant to NRS 201.210 .
16. Lewdness with a child pursuant to NRS 201.230 .
17. An offense involving pandering or prostitution in violation of
NRS 201.300 , 201.320 or 201.340 .
18. Coercion pursuant to NRS 207.190 , if the coercion involves the use or
threatened use of force or violence against the victim or the use or
threatened use of a firearm or a deadly weapon.
19. An attempt, conspiracy or solicitation to commit an offense
listed in subsections 1 to 18, inclusive.
(Added to NRS by 1999, 3521 )
For the purposes of NRS 202.870 to 202.894 ,
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.
3. May make a report 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
information.
(Added to NRS by 1999, 3522 )
1. Except as otherwise provided in NRS 202.885 and 202.888 ,
a person who knows or has reasonable cause to believe that another person
has committed a violent or sexual offense against a child who is 12 years
of age or younger shall:
(a) Report the commission of the violent or sexual offense against
the child 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 other person has committed the violent or sexual offense
against the child.
2. A person who knowingly and willfully violates the provisions of
subsection 1 is guilty of a misdemeanor.
3. A report made pursuant to this section must include, without
limitation:
(a) If known, the name of the child and the name of the person who
committed the violent or sexual offense against the child;
(b) The location where the violent or sexual offense was committed;
and
(c) The facts and circumstances which support the person’s belief
that the violent or sexual offense was committed.
(Added to NRS by 1999, 3523 )
1. A person may not be prosecuted or convicted pursuant to NRS
202.882 unless a court in this State or
any other jurisdiction has entered a judgment of conviction against a
culpable actor for:
(a) The violent or sexual offense against the child; or
(b) Any other offense arising out of the same facts as the violent
or sexual offense against the child.
2. For any violation of NRS 202.882 , an indictment must be found or an information
or complaint must be filed within 1 year after the date on which:
(a) A court in this State or any other jurisdiction has entered a
judgment of conviction against a culpable actor as provided in subsection
1; or
(b) The violation is discovered,
Ê whichever occurs later.
3. For the purposes of this section:
(a) A court in “any other jurisdiction” includes, without
limitation, a tribal court or a court of the United States or the Armed
Forces of the United States.
(b) “Convicted” and “conviction” mean a judgment based upon:
(1) A plea of guilty or nolo contendere;
(2) A finding of guilt by a jury or a court sitting without
a jury;
(3) An adjudication of delinquency or finding of guilt by a
court having jurisdiction over juveniles; or
(4) Any other admission or finding of guilt in a criminal
action or a proceeding in a court having jurisdiction over juveniles.
(c) A court “enters” a judgment of conviction against a person on
the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other
sanction for the conviction; or
(2) The person has exercised any right to appeal the
conviction.
(d) “Culpable actor” means a person who:
(1) Causes or perpetrates an unlawful act;
(2) Aids, abets, commands, counsels, encourages, hires,
induces, procures or solicits another person to cause or perpetrate an
unlawful act; or
(3) Is a principal in any degree, accessory before or after
the fact, accomplice or conspirator to an unlawful act.
(Added to NRS by 1999, 3523 ; A 2003, 1483 )
The provisions of
NRS 202.882 do not apply to a person
who:
1. Is less than 16 years of age;
2. Is, by blood or marriage, the spouse, brother, sister, parent,
grandparent, child or grandchild of:
(a) The child who is the victim of the violent or sexual offense; or
(b) The person who committed the violent or sexual offense against
the child;
3. Suffers from a mental or physical impairment or disability
that, in light of all the surrounding facts and circumstances, would make
it impracticable for the person to report the commission of the violent
or sexual offense against the child to a law enforcement agency;
4. Knows or has reasonable cause to believe that reporting the
violent or sexual offense against the child to a law enforcement agency
would place the person or any other person who is related to him by blood
or marriage or who resides in the same household as he resides, whether
or not the other person is related to him by blood or marriage, in
imminent danger of suffering substantial bodily harm;
5. Became aware of the violent or sexual offense against the child
through a communication or proceeding that is protected by a privilege
set forth in chapter 49 of NRS; or
6. Is acting in his professional or occupational capacity and is
required to report the abuse or neglect of a child pursuant to NRS
432B.220 .
(Added to NRS by 1999, 3524 )
1. If a person who is required to make a report pursuant to NRS
202.882 makes such a report in good
faith and in accordance with that section, the person is immune from
civil or criminal liability for any act or omission related to that
report, but the person is not immune from civil or criminal liability for
any other act or omission committed by the person as part of, in
connection with or as a principal, accessory or conspirator to the
violent or sexual offense against the child, regardless of the nature of
the other act or omission.
2. If a person is not required to make a report pursuant to NRS
202.882 and the person makes such a
report to a law enforcement agency in good faith, the person is immune
from civil or criminal liability for any act or omission related to that
report, but the person is not immune from civil or criminal liability for
any other act or omission committed by the person as part of, in
connection with or as a principal, accessory or conspirator to the
violent or sexual offense against the child, regardless of the nature of
the other act or omission.
3. For the purposes of this section, if a person reports to a law
enforcement agency that another person has committed a violent or sexual
offense against a child, whether or not the person is required to make
such a report pursuant to NRS 202.882 ,
the person is presumed to have made the report in good faith unless the
person is being prosecuted for a criminal violation, including, without
limitation, a violation of the provisions of NRS 207.280 .
(Added to NRS by 1999, 3524 )
220 . If a person reports to a law enforcement agency that
another person has committed a violent or sexual offense against a child,
whether or not the person is required to make such a report pursuant to
NRS 202.882 , and the violent or sexual
offense against the child would constitute abuse or neglect of a child,
as defined in NRS 432B.020 , the report made by the person shall be deemed to be a
report of the abuse or neglect of the child that has been made pursuant
to NRS 432B.220 and:
1. The appropriate agencies shall act upon the report pursuant to
chapter 432B of NRS; and
2. The report may be used in the same manner as other reports that
are made pursuant to NRS 432B.220 .
(Added to NRS by 1999, 3525 )
