USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 207 - MISCELLANEOUS CRIMES
1. Unless the person is prosecuted pursuant to NRS 207.012 or 207.014 ,
a person convicted in this State of:
(a) Any crime of which fraud or intent to defraud is an element, or
of petit larceny, or of any felony, who has previously been two times
convicted, whether in this State or elsewhere, of any crime which under
the laws of the situs of the crime or of this State would amount to a
felony, or who has previously been three times convicted, whether in this
State or elsewhere, of petit larceny, or of any misdemeanor or gross
misdemeanor of which fraud or intent to defraud is an element, is a
habitual criminal and shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 5
years and a maximum term of not more than 20 years.
(b) Any felony, who has previously been three times convicted,
whether in this State or elsewhere, of any crime which under the laws of
the situs of the crime or of this State would amount to a felony, or who
has previously been five times convicted, whether in this State or
elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor
of which fraud or the intent to defraud is an element, is a habitual
criminal and shall be punished for a category A felony by imprisonment in
the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been
served; or
(3) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been served.
2. It is within the discretion of the prosecuting attorney whether
to include a count under this section in any information or file a notice
of habitual criminality if an indictment is found. The trial judge may,
at his discretion, dismiss a count under this section which is included
in any indictment or information.
[1911 C&P § 27; RL § 6292; NCL § 9976]—(NRS A 1961, 446; 1965, 250;
1967, 217, 516; 1971, 173; 1977, 360; 1981, 1647; 1985, 1026, 1643; 1995,
856, 1238, 1358, 2392; 1997, 1184)
1. A person who:
(a) Has been convicted in this State of a felony listed in
subsection 2; and
(b) Before the commission of that felony, was twice convicted of
any crime which under the laws of the situs of the crime or of this State
would be a felony listed in subsection 2, whether the prior convictions
occurred in this State or elsewhere,
Ê is a habitual felon and shall be punished for a category A felony by
imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been
served; or
(3) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been served.
2. The district attorney shall include a count under this section
in any information or shall file a notice of habitual felon if an
indictment is found, if each prior conviction and the alleged offense
committed by the accused constitutes a violation of subparagraph (1) of
paragraph (a) of subsection 1 of NRS 193.330 , NRS 199.160 , 199.500 ,
200.030 , 200.310 , 200.340 ,
200.366 , 200.380 , 200.390 ,
subsection 3 or 4 of NRS 200.400 , NRS
200.410 , subsection 3 of NRS 200.450
, subsection 5 of NRS 200.460 , NRS 200.463 , 200.464 ,
200.465 , subsection 1, paragraph (a) of
subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS
200.508 , NRS 200.710 , 200.720 ,
201.230 , 201.450 , 202.170 ,
202.270 , subsection 2 of NRS 202.780
, paragraph (b) of subsection 2 of NRS
202.820 , subsection 2 of NRS 202.830
, NRS 205.010 , subsection 4 of NRS 205.060 , subsection 4 of NRS 205.067 , NRS 205.075 , 207.400 ,
paragraph (a) of subsection 1 of NRS 212.090 , NRS 453.3325 , 453.333 , 484.219 , 484.3795 or 484.37955 .
3. The trial judge may not dismiss a count under this section that
is included in an indictment or information.
(Added to NRS by 1995, 1237; A 1997, 1185; 2001, 1140 ; 2003, 388 ; 2005, 88 , 165 , 1059 )
1. A person who:
(a) Has been convicted in this State of any felony committed on or
after July 1, 1995, of which fraud or intent to defraud is an element; and
(b) Has previously been two times convicted, whether in this State
or elsewhere, of any felony of which fraud or intent to defraud is an
element before the commission of the felony under paragraph (a) of this
subsection,
Ê is a habitually fraudulent felon and shall be punished for a category B
felony by imprisonment in the state prison for a minimum term of not less
than 5 years and a maximum term of not more than 20 years, if the victim
of each offense was an older person, a mentally disabled person or a
vulnerable person.
2. The prosecuting attorney shall include a count under this
section in any information or shall file a notice of habitually
fraudulent felon if an indictment is found, if the prior convictions and
the alleged offense committed by the accused are felonies of which fraud
or intent to defraud is an element and the victim of each offense was:
(a) An older person;
(b) A mentally disabled person; or
(c) A vulnerable person.
3. The trial judge may not dismiss a count under this section that
is included in an indictment or information.
4. As used in this section:
(a) “Mentally disabled person” means a person who has a mental
impairment which is medically documented and substantially limits one or
more of the person’s major life activities. The term includes, but is not
limited to, a person who:
(1) Is mentally retarded;
(2) Suffers from a severe mental or emotional illness;
(3) Has a severe learning disability; or
(4) Is experiencing a serious emotional crisis in his life
as a result of the fact that he or a member of his immediate family has a
catastrophic illness.
(b) “Older person” means a person who is:
(1) Sixty-five years of age or older if the crime was
committed before October 1, 2003.
(2) Sixty years of age or older if the crime was committed
on or after October 1, 2003.
(c) “Vulnerable person” has the meaning ascribed to it in
subsection 7 of NRS 200.5092 .
(Added to NRS by 1995, 855; A 1995, 1338; 1997, 1185; 2003, 2568
; 2005, 1114 )
1. A conviction pursuant to NRS 207.010 , 207.012 or
207.014 operates only to increase, not
to reduce, the sentence otherwise provided by law for the principal crime.
2. If a count pursuant to NRS 207.010 , 207.012 or
207.014 is included in an information
charging the primary offense, each previous conviction must be alleged in
the accusatory pleading, but no such conviction may be alluded to on
trial of the primary offense, nor may any allegation of the conviction be
read in the presence of a jury trying the offense or a grand jury
considering an indictment for the offense. A count pursuant to NRS
207.010 , 207.012 or 207.014
may be separately filed after conviction of the primary offense, but if
it is so filed, sentence must not be imposed, or the hearing required by
subsection 3 held, until 15 days after the separate filing.
3. If a defendant charged pursuant to NRS 207.010 , 207.012 or
207.014 pleads guilty to or is found
guilty of the primary offense but denies any previous conviction charged,
the court shall determine the issue of the previous conviction after
hearing all relevant evidence presented on the issue by the prosecution
and the defendant. At such a hearing, the defendant may not challenge the
validity of a previous conviction. The court shall impose sentence:
(a) Pursuant to NRS 207.010 upon
finding that the defendant has suffered previous convictions sufficient
to support an adjudication of habitual criminality;
(b) Pursuant to NRS 207.012 upon
finding that the defendant has suffered previous convictions sufficient
to support an adjudication of habitual felon; or
(c) Pursuant to NRS 207.014 upon
finding that the defendant has suffered previous convictions sufficient
to support an adjudication of habitually fraudulent felon.
4. Nothing in the provisions of this section, NRS 207.010 , 207.012 or
207.014 limits the prosecution in
introducing evidence of prior convictions for purposes of impeachment.
5. For the purposes of NRS 207.010 , 207.012 and
207.014 , a certified copy of a felony
conviction is prima facie evidence of conviction of a prior felony.
6. Nothing in the provisions of this section, NRS 207.010 , 207.012 or
207.014 prohibits a court from imposing
an adjudication of habitual criminality, adjudication of habitual felon
or adjudication of habitually fraudulent felon based upon a stipulation
of the parties.
(Added to NRS by 1995, 1238; A 1997, 519, 524, 1186; 2003, 1483
)
VAGRANTS
1. It is unlawful to:
(a) Offer or agree to engage in or engage in lewd or dissolute
conduct in any public place or in any place open to the public or exposed
to public view;
(b) Offer or agree to engage in, engage in or aid and abet any act
of prostitution;
(c) Be a pimp, panderer or procurer or live in or about houses of
prostitution;
(d) Seek admission to a house upon frivolous pretexts for no other
apparent motive than to see who may be therein, or to gain an insight of
the premises;
(e) Keep a place where lost or stolen property is concealed;
(f) Loiter in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act;
(g) Lodge in any building, structure or place, whether public or
private, without the permission of the owner or person entitled to the
possession or in control thereof.
2. A person who violates a provision of subsection 1 shall be
punished:
(a) For the first violation of paragraph (a), (b) or (c) of
subsection 1 and for each subsequent violation of the same paragraph
occurring more than 3 years after the first violation, for a misdemeanor.
(b) For the second violation of paragraph (a), (b) or (c) of
subsection 1 within 3 years after the first violation of the same
paragraph, by imprisonment in the county jail for not less than 30 days
nor more than 6 months and by a fine of not less than $250 nor more than
$1,000.
(c) For the third or subsequent violation of paragraph (a), (b) or
(c) of subsection 1 within 3 years after the first violation of the same
paragraph, by imprisonment in the county jail for 6 months and by a fine
of not less than $250 nor more than $1,000.
(d) For a violation of any provision of paragraphs (d) to (g),
inclusive, of subsection 1, for a misdemeanor.
3. The terms of imprisonment prescribed by subsection 2 must be
imposed to run consecutively.
4. A local government may enact an ordinance which regulates the
time, place or manner in which a person or group of persons may beg or
solicit alms in a public place or place open to the public.
[1911 C&P § 354; A 1915, 32; 1923, 224; NCL § 10302]—(NRS A 1963,
696; 1967, 517; 1971, 2025; 1973, 1061; 1979, 353; 1985, 749, 931; 1993,
808)
All persons having the
physical ability to work, convicted of violating NRS 207.030 and imprisoned therefor, may be required to
perform labor on the public works, buildings, grounds or ways in the
county, and the sheriff or other person having them in charge while
performing such labor may employ any usual, reasonable, humane and
sufficient means to guard against and prevent any such prisoner escaping
from custody while being so employed.
[1911 C&P § 355; RL § 6620; NCL § 10303]—(NRS A 1979, 206; 1995,
1082)
For each day’s work
willingly and faithfully performed by a person convicted of violating NRS
207.030 , the person must receive credit
for 2 days’ time, which must be applied upon and deducted from his term
of imprisonment by the sheriff.
[1911 C&P § 356; RL § 6621; NCL § 10304]—(NRS A 1995, 1082)
The sheriff shall,
during fair and reasonable weather, when the same can be done without
extra expense to the county, procure employment for and set at work such
persons convicted of violating NRS 207.030 who are serving out their term of
imprisonment; and to this end, upon application of any road supervisor,
superintendent, foreman or other overseer or custodian of any public
works, buildings or grounds, he may deliver into the custody and charge
of such person making the application such prisoners, to do labor as
required, who after working hours of the day, or after suspension of
labor from any cause, must be returned into the custody of the sheriff of
the county for safekeeping until again required for labor.
[1911 C&P § 358; RL § 6623; NCL § 10306]—(NRS A 1995, 1083)
INTERFERENCE WITH EMERGENCY COMMUNICATIONS
As used in NRS 207.163 :
1. “Emergency call” means a situation in which property or human
life is in jeopardy and the prompt summoning of aid is essential.
2. “Public telephone” means a telephone which is made available to
the public upon the deposit of a coin, currency or other monetary
instrument or through the use of a calling card, credit card or debit
card.
(Added to NRS by 1973, 718; A 2003, 326 )
1. It is unlawful for a person to refuse to relinquish a public
telephone immediately when he has been informed that it is needed for an
emergency call and in fact the line is needed for an emergency call and
there is no other reasonably apparent and immediately accessible
telephone from which to make the call.
2. It is unlawful for a person to secure the use of a public
telephone by falsely stating that it is needed for an emergency call.
(Added to NRS by 1973, 718; A 2003, 326 )
163 .
1. It is unlawful for a person, firm or corporation providing
telephone service to distribute or cause to be distributed in this State
copies of any telephone directory if such directory fails to contain the
notice required by this section.
2. Every telephone directory published and distributed after
September 1, 1973, in this State which lists the telephone numbers of any
telephone exchange located in this State shall contain a notice of the
offense provided in NRS 207.163 , as
follows:
(a) The notice shall be printed in type which is at least as large
as other type on the page; and
(b) The notice shall be preceded by the word “warning” printed in
type which is at least as large as other type on the page,
Ê except that telephone directories distributed solely for business
purposes, commonly known as classified directories, need not contain such
notice.
(Added to NRS by 1973, 718)
1. As used in this section “emergency” means a situation in which
a natural person is or is reasonably believed by the person transmitting
the communication to be in imminent danger of serious bodily injury or in
which property is or is reasonably believed by the person transmitting
the communication to be in imminent danger of damage or destruction.
2. Except as provided in subsection 3, any person who
intentionally, knowingly, recklessly or with criminal negligence
interrupts, impedes or otherwise interferes with the transmission of a
communication over a radio channel assigned to the Citizens’ Radio
Service, the purpose of which is to inform or inquire about an emergency,
is guilty of a misdemeanor.
3. If any person suffers serious bodily injury or if property
damage in excess of $1,000 occurs as a result of a violation of the
provisions of subsection 2, the offender is guilty of a gross misdemeanor.
4. A person is presumed to have intentionally, knowingly or with
criminal negligence interrupted, impeded or interfered with a
transmission if he:
(a) Interrupted, impeded or interfered with the transmission of a
communication on a channel which was dedicated to use for emergency
communications; or
(b) Operated equipment capable, by itself or with a linear
amplifier, of producing power which exceeds limits set by a regulation of
the Federal Communications Commission.
(Added to NRS by 1981, 650)
DECEPTIVE ADVERTISING
As used in NRS 207.170 to 207.177
, inclusive, “false, deceptive or
misleading advertising” as applied to a telephone communication includes,
but is not limited to, any communication which is so made with the intent
to solicit any person to purchase any merchandise, property or services,
without initially disclosing such intent to the person.
[1:201:1917; A 1955, 191] + [2:201:1917; 1919 RL p. 3390; NCL §
10530]—(NRS A 1965, 122; 1967, 520; 1971, 129; 1973, 209)
It is unlawful for any person, firm, corporation or
association or any agent or employee thereof to use, publish,
disseminate, display or make or cause directly or indirectly to be used,
published, disseminated, displayed or made, in any newspaper, magazine or
other publication, by any radio, television or other advertising medium,
or by any advertising device, or by public outcry, proclamation, or
declaration, or by any other manner or means, including but not limited
to solicitation or dissemination by mail, telephone or door-to-door
contacts, any statement which is known or through the exercise of
reasonable care should be known to be false, deceptive or misleading in
order to induce any person to purchase, sell, lease, dispose of, utilize
or acquire any title or interest in any real or personal property or any
personal or professional services or to enter into any obligation or
transaction relating thereto, or to include such statement as part of a
plan or scheme which intentionally misstates cost or price for the
purposes of producing an erroneous belief by any person that the actual
cost or price is the same as stated therein.
(Added to NRS by 1973, 210)
NRS 207.170 to 207.177 ,
inclusive, do not apply to:
1. Any radio or television broadcasting station which broadcasts;
or
2. Any publisher, printer, distributor or owner of any newspaper
or magazine, billboard or other advertising medium, or to any owner,
operator, agent or employee of any advertising agency or other business
engaged in preparing or disseminating advertising for public consumption
on behalf of any other person, firm, corporation, association or other
business entity, who publishes, prints, distributes, prepares or
disseminates,
Ê such advertising in good faith without knowledge of its untrue or
deceptive or misleading character.
(Added to NRS by 1973, 210)
It
is sufficient in bringing any action pursuant to NRS 207.170 to 207.177 ,
inclusive, that any statement referred to in NRS 207.171 has a tendency to deceive or mislead the
public because of its false or deceptive or misleading character even
though no member of the public is actually deceived or misled by such
statement.
(Added to NRS by 1973, 211)
Any person, firm, corporation or association or any
other organization which violates any provision of NRS 207.170 to 207.177 ,
inclusive, is liable for a civil penalty not to exceed $2,500 for each
violation, which shall be recovered in a civil action brought in the name
of the State of Nevada by the Attorney General or by any district
attorney in a court of competent jurisdiction. As used in this section,
the term, “each violation” includes, as a single violation, a continuous
or repetitive violation arising out of the same act.
(Added to NRS by 1973, 211)
Any person, firm, or any officer
or managing agent of any corporation or association who knowingly and
willfully violates the provisions of NRS 207.171 shall be punished:
1. For the first or second offense, for a misdemeanor.
2. For the third offense and all subsequent offenses, for a gross
misdemeanor.
(Added to NRS by 1973, 211)
The Attorney General or any district
attorney may bring an action in any court of competent jurisdiction in
the name of the State of Nevada on his own complaint or on the complaint
of any board, officer, person, corporation or association to enjoin any
violation or proposed violation of the provisions of NRS 207.170 to 207.177 ,
inclusive.
(Added to NRS by 1973, 211)
Any
person, firm, or any officer or managing agent of any corporation or
association who violates any order or injunction issued pursuant to NRS
207.170 to 207.177 , inclusive, is guilty of a gross misdemeanor.
(Added to NRS by 1973, 211)
MISCELLANEOUS
1. Any person who knowingly sends or delivers any letter or
writing:
(a) Threatening to accuse another of a crime or misdemeanor, or to
expose or publish any of his infirmities or failings, with intent to
extort money, goods, chattels or other valuable thing; or
(b) Threatening to maim, wound, kill or murder, or to burn or
destroy his house or other property, or to accuse another of a crime or
misdemeanor, or expose or publish any of his infirmities, though no
money, goods, chattels or other valuable thing be demanded,
Ê is guilty of a misdemeanor.
2. Any person who:
(a) Writes and sends, or writes and delivers, either through the
mail, express, by private parties or otherwise, any anonymous letter, or
any letter bearing a fictitious name, charging any person with crime; or
(b) Writes and sends any anonymous letter or letters bearing a
fictitious name, containing vulgar or threatening language, obscene
pictures, or containing reflections upon his standing in society or in
the community,
Ê is guilty of a misdemeanor.
[1911 C&P § 173; RL § 6438; NCL § 10120]—(NRS A 1967, 521; 1991,
1010; 1997, 2504)
Unless a greater penalty is provided by law, a person
who, by reason of the actual or perceived race, color, religion, national
origin, physical or mental disability or sexual orientation of another
person or group of persons, willfully violates any provision of NRS
200.471 , 200.481 , 200.5099 ,
200.571 , 200.575 , 203.010 ,
203.020 , 203.030 , 203.060 ,
203.080 , 203.090 , 203.100 ,
203.110 , 203.119 , 206.010 ,
206.040 , 206.140 , 206.200 ,
206.310 , 207.180 , 207.200 or
207.210 is guilty of a gross
misdemeanor.
(Added to NRS by 1989, 898; A 1993, 511; 1995, 2706)
1. It is unlawful for a person, with the intent to compel another
to do or abstain from doing an act which the other person has a right to
do or abstain from doing, to:
(a) Use violence or inflict injury upon the other person or any of
his family, or upon his property, or threaten such violence or injury;
(b) Deprive the person of any tool, implement or clothing, or
hinder him in the use thereof; or
(c) Attempt to intimidate the person by threats or force.
2. A person who violates the provisions of subsection 1 shall be
punished:
(a) Where physical force or the immediate threat of physical force
is used, for a category B felony by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more
than 6 years, and may be further punished by a fine of not more than
$5,000.
(b) Where no physical force or immediate threat of physical force
is used, for a misdemeanor.
[1911 C&P § 475; RL § 6740; NCL § 10424]—(NRS A 1967, 522; 1979,
1455; 1995, 1239)
1. Except as otherwise provided in subsection 4, if a person is
convicted of coercion or attempted coercion in violation of paragraph (a)
of subsection 2 of NRS 207.190 , the
court shall, at the request of the prosecuting attorney, conduct a
separate hearing to determine whether the offense was sexually motivated.
A request for such a hearing may not be submitted to the court unless the
prosecuting attorney, not less than 72 hours before the commencement of
the trial, files and serves upon the defendant a written notice of his
intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted
before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of
whether the offense was sexually motivated may be presented. The
prosecuting attorney must prove beyond a reasonable doubt that the
offense was sexually motivated.
4. A person may stipulate that his offense was sexually motivated
before a hearing held pursuant to subsection 1 or as part of an agreement
to plead nolo contendere or guilty.
5. The court shall enter in the record:
(a) Its finding from a hearing held pursuant to subsection 1; or
(b) A stipulation made pursuant to subsection 4.
6. For the purposes of this section, an offense is “sexually
motivated” if one of the purposes for which the person committed the
offense was his sexual gratification.
(Added to NRS by 1997, 1681; A 1997, 2510; 2003, 1484 )
1. If a monetary instrument represents the proceeds of or is
directly or indirectly derived from any unlawful activity, it is unlawful
for a person, having knowledge of that fact:
(a) To conduct or attempt to conduct a financial transaction
involving the instrument:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transaction conceals the
location, source, ownership or control of the instrument; or
(3) With the knowledge that the transaction evades any
provision of federal or state law that requires the reporting of a
financial transaction.
(b) To transport or attempt to transport the monetary instrument:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transportation conceals the
location, source, ownership or control of any proceeds derived from
unlawful activity; or
(3) With the knowledge that the transportation evades any
provision of federal or state law that requires the reporting of a
financial transaction.
2. It is unlawful for any person to conduct or attempt to conduct
a financial transaction with the intent to evade a regulation adopted
pursuant to NRS 463.125 .
3. A person who violates any provision of subsection 1 or 2 is
guilty of a category D felony and shall be punished as provided in NRS
193.130 .
4. Each violation of subsection 1 or 2 involving one or more
monetary instruments totaling $10,000 or more shall be deemed a separate
offense.
5. As used in this section:
(a) “Financial transaction” means any purchase, sale, loan, pledge,
gift, transfer, deposit, withdrawal or other exchange involving a
monetary instrument. The term does not include any instrument or
transaction for the payment of assistance of counsel in a criminal
prosecution.
(b) “Monetary instrument” includes any coin or currency of the
United States or any other country, any traveler’s check, personal check,
money order, bank check, cashier’s check, stock, bond, precious metal,
precious stone or gem or any negotiable instrument to which title passes
upon delivery. The term does not include any instrument or transaction
for the payment of assistance of counsel in a criminal prosecution.
(c) “Unlawful activity” includes any crime related to racketeering
as defined in NRS 207.360 or any
offense punishable as a felony pursuant to state or federal statute. The
term does not include any procedural error in the acceptance of a credit
instrument, as defined in NRS 463.01467 , by a person who holds a nonrestricted gaming license.
(Added to NRS by 1991, 181; A 1995, 430, 1240, 1332)
1. Unless a greater penalty is provided pursuant to NRS 200.603
, any person who, under circumstances
not amounting to a burglary:
(a) Goes upon the land or into any building of another with intent
to vex or annoy the owner or occupant thereof, or to commit any unlawful
act; or
(b) Willfully goes or remains upon any land or in any building
after having been warned by the owner or occupant thereof not to trespass,
Ê is guilty of a misdemeanor. The meaning of this subsection is not
limited by subsections 2 and 4.
2. A sufficient warning against trespassing, within the meaning of
this section, is given by either of the following methods:
(a) Painting, at intervals of not more than 200 feet on each side
of the land, upon or near the boundary, a post, structure or natural
object with not less than 50 square inches of fluorescent orange paint
or, if the post is a metal fence post, painting the entire post with such
paint.
(b) Fencing the area.
3. It is prima facie evidence of trespass for any person to be
found on private or public property which is posted or fenced as provided
in subsection 2 without lawful business with the owner or occupant of the
property.
4. An entryman on land under the laws of the United States is an
owner within the meaning of this section.
5. As used in this section, “fence” means a barrier sufficient to
indicate an intent to restrict the area to human ingress, including, but
not limited to, a wall, hedge or chain link or wire mesh fence.
[1911 C&P § 500; RL § 6765; NCL § 10447]—(NRS A 1969, 96; 1975,
1169; 1987, 2086; 1989, 997; 2005, 930 )
1. It is unlawful for any person to post such land within the
meaning of subsection 2 of NRS 207.200
unless he has:
(a) Obtained written authorization from the owner or occupant of
the land, or any building thereon, to do so unless he is the owner or
occupant.
(b) Placed the name and address of the owner or occupant on each
sign.
2. Any person violating any of the provisions of subsection 1 is
guilty of a misdemeanor.
(Added to NRS by 1973, 1116)
It shall be a misdemeanor for any person maliciously to tear down,
mutilate or destroy any sign, signboard or other notice forbidding
trespass within an enclosure.
[Part 1911 C&P § 503; RL § 6768; NCL § 10450]
1. Any person or persons opening and passing through gates or bars
when gates or bars are placed in fences enclosing fields, or in fences
partly enclosing lands, and not shutting and fastening the same, shall be
deemed guilty of a misdemeanor.
2. The provisions of this section shall not apply to gates in
towns and cities nor gates necessary in the approach to any building or
works where the passing through or into fields or lands is not
contemplated.
[1911 C&P § 504; RL § 6769; NCL § 10451]
Any person
who knowingly diverts or causes to be diverted to his own or some other
person’s use any irrigation water to which another person has a vested
right, without such rightful user’s permission, is guilty of a
misdemeanor.
(Added to NRS by 1977, 883)
Every person who
shall, in any case not otherwise specially provided for, do any act for
the doing of which a license or other authority is required by law,
without having such license or other authority as required by law, shall
be guilty of a misdemeanor.
[1911 C&P § 543; RL § 6808; NCL § 10489]
A person who conducts
dog racing as a gaming activity in this State is guilty of a misdemeanor.
(Added to NRS by 1997, 3130)
1. As used in this section, “system” means a system established to
provide a telephone number to be used in an emergency.
2. It is unlawful for any person knowingly or willfully to make or
cause to be made any telephonic access to a system if no actual or
perceived emergency exists.
3. Any person who violates any provision of this section is guilty
of a gross misdemeanor.
(Added to NRS by 1991, 17)
1. A person who, without lawful authority, willfully and
maliciously engages in a course of conduct with a child who is under 16
years of age and who is at least 5 years younger than the person which
would cause a reasonable child of like age to feel terrorized,
frightened, intimidated or harassed, and which actually causes the child
to feel terrorized, frightened, intimidated or harassed, commits the
crime of unlawful contact with a child.
2. A person who, without lawful authority, willfully and
maliciously engages in a course of conduct with a mentally ill person
which would cause a mentally ill person of like mental condition to feel
terrorized, frightened, intimidated or harassed, and which actually
causes the mentally ill person to feel terrorized, frightened,
intimidated or harassed, commits the crime of unlawful contact with a
mentally ill person.
3. The penalties provided in this section do not preclude the
victim from seeking any other legal remedy available.
4. Unless a greater penalty is provided by specific statute, a
person who commits the crime of unlawful contact with a child or unlawful
contact with a mentally ill person is guilty of:
(a) For the first offense, a gross misdemeanor.
(b) For the second and each subsequent offense, 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.
5. As used in this section:
(a) “Course of conduct” means a pattern of conduct which consists
of a series of acts over time that evidences a continuity of purpose
directed at a specific person.
(b) “Mentally ill person” means a person who has any mental
dysfunction leading to impaired ability to maintain himself and to
function effectively in his life situation without external support.
(c) “Without lawful authority” includes acts that are initiated or
continued without the victim’s consent. The term does not include acts
that are otherwise protected or authorized by constitutional or statutory
law, regulation or order of a court of competent jurisdiction, including,
but not limited to:
(1) Picketing which occurs during a strike, work stoppage or
any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or
other person while gathering information for communication to the public
if that person is employed or engaged by or has contracted with a
newspaper, periodical, press association or radio or television station
and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the
normal course of his lawful employment.
(4) Any activities carried out in the exercise of the
constitutionally protected rights of freedom of speech and assembly.
(Added to NRS by 1963, 41; A 1967, 523; 1975, 79; 1979, 1456; 1995,
1240; 2001, 2789 ; 2003, 1377 )
Any person who, without legitimate reason to supervise any
of such children or other legitimate reason to be at leisure in such
place, loiters about any school or public place at or near which children
attend or normally congregate is guilty of a misdemeanor.
(Added to NRS by 1963, 41; A 1967, 523)
Every person who
deliberately reports to any police officer, sheriff, district attorney,
deputy sheriff, deputy district attorney or member of the Department of
Public Safety that a felony or misdemeanor has been committed, which
causes a law enforcement agency to conduct a criminal or internal
investigation, knowing such report to be false, is guilty of a
misdemeanor.
(Added to NRS by 1965, 409; A 1967, 523; 2005, 939 )
A person who:
1. Gives, offers or promises to give, or attempts to give or
offer, any compensation, gratuity or thing of value, or any promise
thereof, to any participant or player or any judge, referee, manager or
other official of a sporting event or contest; or
2. Asks or receives or offers to receive directly or indirectly
any compensation, gratuity, reward or thing of value or any promise
thereof, as a participant or player, or as a judge, referee, manager or
other official of a sporting event or contest,
Ê with the intention, understanding or agreement that the player or
participant or judge, referee, manager or other official of the sporting
event will not use his best efforts to win, or will so conduct himself as
to limit his or his team’s margin of victory, or will corruptly judge,
referee, manage or otherwise officiate the sporting event or contest with
the intention or purpose that the result of the sporting event will be
affected thereby, is guilty of a category C felony and shall be punished
as provided in NRS 193.130 .
(Added to NRS by 1965, 553; A 1967, 523; 1995, 1240)
Any person who, with corrupt
intent:
1. Offers, confers or agrees to confer any benefit upon any
employee, agent or fiduciary without the consent of the employer or
principal of that employee, agent or fiduciary in order to influence
adversely that person’s conduct in relation to the commercial affairs of
his employer or principal; or
2. While an employee, agent or fiduciary, solicits, accepts or
agrees to accept any benefit from another person upon an agreement or
understanding that the benefit will influence adversely his conduct in
relation to the commercial affairs of his employer or principal,
Ê commits commercial bribery and is guilty of a misdemeanor.
(Added to NRS by 1979, 345)
As used in NRS 207.300
and 207.310 :
1. “Disability” means, with respect to a person:
(a) A physical or mental impairment that substantially limits one
or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. “Familial status” means the fact that a person:
(a) Lives with a child under the age of 18 and has:
(1) Lawful custody of the child; or
(2) Written permission to live with the child from the
person who has lawful custody of the child;
(b) Is pregnant; or
(c) Has begun a proceeding to adopt or otherwise obtain lawful
custody of a child.
(Added to NRS by 1991, 1981; A 1995, 1988)
It is unlawful for any person to refuse to rent, lease, sell or
otherwise convey any real property solely because of race, religious
creed, color, national origin, disability, ancestry, familial status or
sex.
(Added to NRS by 1971, 732; A 1973, 195; 1985, 335; 1991, 1981)
1. As used in this section:
(a) “Customer” means a person who applies for a loan or other
financial assistance to purchase, construct, improve or repair a
dwelling. The term includes a person who does not intend to enter into a
transaction for a loan or other financial assistance, but applies for the
loan or financial assistance as if he intended to enter into the
transaction.
(b) “Lender” means a bank, savings and loan association, insurance
company or other person whose business consists in whole or in part of
making commercial real estate loans.
2. It is unlawful for any lender to deny a loan, or other
financial assistance rendered by the lender, to any customer or to
discriminate against any customer in fixing the amount, conditions,
duration, rate of interest or other terms of a loan or other financial
assistance or to refuse to purchase a loan from another lender because of
the race, color, religious creed, national origin, disability, ancestry,
familial status or sex of:
(a) The customer;
(b) Any person associated with the customer in connection with the
loan or other financial assistance or with the purpose of the loan or
other financial assistance; or
(c) The present or prospective owners, lessees, tenants or
occupants of the dwelling in relation to which the loan or other
financial assistance is to be made or given.
3. A person who violates the provisions of this section is guilty
of:
(a) A misdemeanor for the first and second offenses.
(b) A gross misdemeanor for the third and subsequent offenses.
(Added to NRS by 1971, 732; A 1975, 829; 1989, 10; 1991, 1981;
1995, 1988; 1997, 52)
Any person
who prepares for sale or sells any term paper, thesis, dissertation or
similar writing intending such writing to be submitted to an academic
institution as the work of any person not the author in fulfillment of a
requirement for completion of a course of study, award of a degree or
other academic credit is guilty of a misdemeanor.
(Added to NRS by 1973, 1161)
1. Except as otherwise provided in subsection 2, a person shall
not make or cause to be made an unsolicited electronic or telephonic
transmission to a facsimile machine to solicit a person to purchase real
property, goods or services.
2. The provisions of subsection 1 do not apply to an unsolicited
electronic or telephonic transmission sent to a person who has a
preexisting business relationship with the person who makes or causes the
transmission to be made.
3. Any person who violates the provisions of subsection 1 is
guilty of a misdemeanor.
4. As used in this section, “facsimile machine” means a device
which receives and copies a reproduction or facsimile of a document or
photograph which is transmitted electronically or telephonically by
telecommunications lines.
(Added to NRS by 1991, 126)
It is unlawful
for any person to sell to another any card or other document purporting
to establish the identity of the holder unless the purchaser appears
personally before the seller and declares his identity in writing under
the penalty of perjury. This section does not apply to any governmental
agency.
(Added to NRS by 1975, 1461)
1. As used in this section, unless the context otherwise requires:
(a) “Access device” means any card, plate, account number or other
means of access that can be used, alone or in conjunction with another
access device, to obtain payments, allotments, benefits, money, goods or
other things of value, or that can be used to initiate a transfer of
funds pursuant to the Act.
(b) “Act” means the Food Stamp Act of 1977, as amended (7 U.S.C. §§
2011 et seq.) and regulations adopted thereunder.
(c) “Authorization to purchase” means a document issued by the
United States Department of Agriculture or by a state agency which
permits the holder to purchase coupons or otherwise receive benefits
under the Act.
(d) “Coupon” means a food stamp, coupon, certificate or access
device issued by the United States Department of Agriculture as provided
in the Act.
2. A person who knowingly uses, transfers, sells, purchases,
acquires, alters or possesses coupons and who is not authorized by the
Act to do so, or who knowingly presents or causes to be presented coupons
which are received, transferred or used in a manner not authorized by the
Act, shall be punished:
(a) If the value of the coupons is less than $250, for a
misdemeanor, and be sentenced to restore the amount of the value so
obtained.
(b) If the value of the coupons is $250 or more, for a category E
felony as provided in NRS 193.130 . In
addition to any other penalty, the court shall order the person to pay
restitution.
3. A district attorney or the Attorney General may commence
proceedings to enforce the provisions of this section in any court of
competent jurisdiction.
4. If a person is convicted of violating any of the provisions of
this section, the prosecuting attorney shall report the sentence imposed
by the court for that person to the Division of Welfare and Supportive
Services of the Department of Health and Human Services within 60 days
after the imposition of the sentence.
5. The value of all coupons misappropriated in separate acts of
fraud involving coupons must be combined for the purposes of imposing
punishment for the offense charged if:
(a) The separate acts were committed within 6 months before the
offense;
(b) None of the individual acts is punishable as a felony; and
(c) The cumulative value of all the coupons misappropriated is
sufficient to make the offense punishable as a felony.
6. At the time of sentencing, a court may accept as a partial
mitigation of the offense satisfactory evidence that a person convicted
of violating any of the provisions of this section sold or transferred
the coupons for cash to buy necessities which may not be lawfully
obtained with coupons.
(Added to NRS by 1977, 608; A 1981, 1028; 1989, 1440; 1995, 1241,
2692)
1. A person shall not:
(a) Impersonate an officer or employee of a utility or, without
authority, assume any characteristic, such as a uniform or insigne, or
any identification by which an officer or employee of a utility is
distinguished, known or identified; and
(b) Use the impersonation or the assumed characteristic or identity
to commit or attempt to commit any unlawful act or any act in which the
person purports to represent the utility or an officer or employee of the
utility.
2. A person who violates any provision of this section is guilty
of:
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS
193.130 if the person acted with the
intent to:
(1) Commit, cause, aid, further or conceal, or attempt to
commit, cause, aid, further or conceal, any unlawful act involving
terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to
commit, cause, aid, further or conceal any unlawful act involving
terrorism or sabotage.
(Added to NRS by 1987, 405; A 2003, 2463 )
RACKETEERING
As used in NRS 207.350 to 207.520 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 207.360 to 207.390
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1983, 1495)
“Crime
related to racketeering” means the commission of, attempt to commit or
conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter, except vehicular manslaughter as described in NRS
484.3775 ;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnapping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting
to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322
;
13. Forgery;
14. Any violation of NRS 199.280
which is punished as a felony;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of
chapter 197 or 199 of NRS which is punished as a felony;
18. Battery with intent to commit a crime in violation of NRS
200.400 ;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232 , 453.316 to 453.3395 , inclusive, or 453.375 to 453.401 , inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260 , 202.275 or
202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued at
$250 or more;
25. Embezzlement of money or property valued at $250 or more;
26. Obtaining possession of money or property valued at $250 or
more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence;
29. Any violation of NRS 201.300
or 201.360 ;
30. Any violation of NRS 90.570 ,
91.230 or 686A.290 , or insurance fraud pursuant to NRS 686A.291 ;
31. Any violation of NRS 205.506 , 205.920 or
205.930 ; or
32. Any violation of NRS 202.445
or 202.446 .
(Added to NRS by 1983, 1495; A 1989, 18, 160; 1991, 124, 161; 1997,
493; 1999, 2642 ; 2001, 1100 ; 2003, 2951 ; 2005, 79 )
“Criminal syndicate”
means any combination of persons, so structured that the organization
will continue its operation even if individual members enter or leave the
organization, which engages in or has the purpose of engaging in
racketeering activity.
(Added to NRS by 1983, 1496)
“Enterprise” includes:
1. Any natural person, sole proprietorship, partnership,
corporation, business trust or other legal entity; and
2. Any union, association or other group of persons associated in
fact although not a legal entity.
Ê The term includes illicit as well as licit enterprises and governmental
as well as other entities.
(Added to NRS by 1983, 1496)
“Racketeering
activity” means engaging in at least two crimes related to racketeering
that have the same or similar pattern, intents, results, accomplices,
victims or methods of commission, or are otherwise interrelated by
distinguishing characteristics and are not isolated incidents, if at
least one of the incidents occurred after July 1, 1983, and the last of
the incidents occurred within 5 years after a prior commission of a crime
related to racketeering.
(Added to NRS by 1983, 1496)
1. It is unlawful for a person:
(a) Who has with criminal intent received any proceeds derived,
directly or indirectly, from racketeering activity to use or invest,
whether directly or indirectly, any part of the proceeds, or the proceeds
derived from the investment or use thereof, in the acquisition of:
(1) Any title to or any right, interest or equity in real
property; or
(2) Any interest in or the establishment or operation of any
enterprise.
(b) Through racketeering activity to acquire or maintain, directly
or indirectly, any interest in or control of any enterprise.
(c) Who is employed by or associated with any enterprise to conduct
or participate, directly or indirectly, in:
(1) The affairs of the enterprise through racketeering
activity; or
(2) Racketeering activity through the affairs of the
enterprise.
(d) Intentionally to organize, manage, direct, supervise or finance
a criminal syndicate.
(e) Knowingly to incite or induce others to engage in violence or
intimidation to promote or further the criminal objectives of the
criminal syndicate.
(f) To furnish advice, assistance or direction in the conduct,
financing or management of the affairs of the criminal syndicate with the
intent to promote or further the criminal objectives of the syndicate.
(g) Intentionally to promote or further the criminal objectives of
a criminal syndicate by inducing the commission of an act or the omission
of an act by a public officer or employee which violates his official
duty.
(h) To conspire to violate any of the provisions of this section.
2. A person who violates this section is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 5 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $25,000.
(Added to NRS by 1983, 1496; A 1995, 1241)
In lieu of the fine
which may be imposed for a violation of NRS 207.400 , the convicted person may be sentenced to pay
a fine which does not exceed three times:
1. Any gross pecuniary value he gained; or
2. Any gross loss he caused, including property damage and
personal injury but excluding any pain and suffering,
Ê whichever is greater, as a result of the violation. He may also be
sentenced to pay court costs and the reasonable costs of the
investigation and prosecution. If property is ordered forfeited pursuant
to NRS 207.450 , the value of that
property must be subtracted from a fine imposed pursuant to this section.
(Added to NRS by 1983, 1497)
1. The Account for the Prosecution of Racketeering is hereby
created within the Attorney General’s Special Fund created pursuant to
NRS 228.096 . Any amount of the balance
in the Account in excess of $50,000 must be deposited in the State
General Fund.
2. The Attorney General shall use the money in the Account to pay
the expenses involved in the investigation of racketeering activity and
any civil action or criminal prosecution related thereto. He may
distribute money in the Account to other law enforcement agencies in this
State for similar use. To the extent possible, each agency receiving
money from the Account shall reimburse the Account with money it obtains
as a result of a forfeiture or settlement which arises from any civil
action or criminal prosecution related to racketeering activity. Each
such agency shall also deposit in the Account an amount equal to 10
percent of the actual value of any other proceeds or property obtained in
the forfeiture or settlement.
(Added to NRS by 1985, 973; A 1989, 1469)
1. If the indictment or information filed regarding a violation of
NRS 207.400 alleges that real or
personal property was derived from, realized through, or used or intended
for use in the course of the unlawful act and the extent of that property:
(a) The jury; or
(b) If the trial is without a jury, the court,
Ê shall, upon a conviction, determine at a separate hearing the extent of
the property to be forfeited. If the indictment or information does not
include such an allegation, the property is not subject to criminal
forfeiture.
2. The property subject to criminal forfeiture pursuant to
subsection 1 includes:
(a) Any title or interest acquired or maintained by the unlawful
conduct;
(b) Any proceeds derived from the unlawful conduct;
(c) Any property or contractual right which affords a source of
influence over any enterprise established, operated, controlled,
participated in or conducted in violation of NRS 207.400 ;
(d) Any position, office, appointment, tenure or contract of
employment:
(1) Which was acquired or maintained in violation of NRS
207.400 ;
(2) Through which the convicted person conducted or
participated in the conduct of such unlawful affairs of an enterprise; or
(3) Which afforded him a source of influence or control over
the affairs of an enterprise which he exercised in violation of NRS
207.400 ;
(e) Any compensation, right or benefit derived from a position,
office, appointment, tenure or contract of employment that accrued to him
during the period of unlawful conduct; and
(f) Any amount payable or paid under any contract for goods or
services which was awarded or performed in violation of NRS 207.400
.
3. If property which is ordered to be criminally forfeited
pursuant to subsection 1:
(a) Cannot be located;
(b) Has been sold to a purchaser in good faith for value;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by the conduct of
the defendant;
(e) Has been commingled with other property which cannot be divided
without difficulty or undue injury to innocent persons; or
(f) Is otherwise unreachable without undue injury to innocent
persons,
Ê the court shall order the forfeiture of other property of the defendant
up to the value of the property that is unreachable.
(Added to NRS by 1983, 1497)
1. The prosecuting attorney may apply for, and a court may issue
without notice or hearing, a temporary restraining order to preserve
property which would be subject to criminal forfeiture under NRS 207.420
if:
(a) An indictment or information has been filed regarding a
violation of NRS 207.400 and the extent
of criminally forfeitable property is included therein or the court
believes there is probable cause for such an inclusion;
(b) The property is in the possession or control of the party
against whom the order will be entered; and
(c) The court determines that the nature of the property is such
that it can be concealed, disposed of or placed beyond the jurisdiction
of the court before a hearing on the matter.
2. A temporary restraining order which is issued without notice
may be issued for not more than 10 days and may be extended only for good
cause or by consent. The court shall provide notice and hold a hearing on
the matter before the order expires.
(Added to NRS by 1983, 1499)
1. After an information or indictment is filed regarding a
violation of NRS 207.400 , the
prosecuting attorney may request the court to:
(a) Enter a restraining order or injunction;
(b) Require the execution of a satisfactory bond;
(c) Appoint a receiver; or
(d) Take any other necessary action,
Ê to secure property which is subject to criminal forfeiture.
2. The court shall, after a hearing for which notice was given to
any person whose rights in the property proposed for forfeiture would be
affected, order such an action if the prosecuting attorney shows by a
preponderance of the evidence that the action is necessary to preserve
the defendant’s property which is subject to criminal forfeiture.
3. If no indictment or information has been filed regarding a
violation of NRS 207.400 , the court
may, after such a hearing and upon a showing of the prosecuting attorney
that:
(a) There is probable cause to believe that the property for which
the order is sought would be subject to criminal forfeiture; and
(b) The requested order would not result in substantial and
irreparable harm or injury to the party against whom the order is to be
entered that outweighs the need to secure the property for the potential
criminal forfeiture,
Ê order an action to secure the property. Such an order may not be
effective for more than 90 days unless it is extended for good cause or
an indictment or information is filed regarding a violation of NRS
207.400 and the extent of the
criminally forfeitable property is listed therein.
(Added to NRS by 1983, 1498)
1. Upon entry of a judgment for a violation of NRS 207.400 , the court may order the forfeiture of the
appropriate property.
2. Upon entry of such an order, the court may:
(a) Enter a restraining order or injunction;
(b) Require the execution of a satisfactory bond;
(c) Appoint a receiver; or
(d) Take any other necessary action,
Ê to protect the interests of the State.
(Added to NRS by 1983, 1499)
1. Except as otherwise provided in subsection 2, the following are
subject to civil forfeiture to the State:
(a) All property, real or personal, including money used in the
course of, intended for use in the course of, derived from or gained
through conduct in violation of NRS 207.400 ;
(b) Any title or interest a person has acquired or maintained in
violation of NRS 207.400 ; and
(c) Any property or contractual right which affords a source of
influence over any enterprise established, operated, controlled,
participated in or conducted in violation of NRS 207.400 .
2. Upon a showing by the owner of the requisite facts, the
following is not subject to forfeiture under this section:
(a) Except as otherwise provided in paragraph (b), property used
without the knowledge or consent of its owner; and
(b) A means of transportation used by a person in the transaction
of his business as a common carrier unless it appears the owner or person
in charge of the common carrier consented to or had knowledge of the
violation of NRS 207.400 .
(Added to NRS by 1983, 1499)
1. Any person who is injured in his business or property by reason
of any violation of NRS 207.400 has a
cause of action against a person causing such injury for three times the
actual damages sustained. An injured person may also recover attorney’s
fees in the trial and appellate courts and costs of investigation and
litigation reasonably incurred. The defendant or any injured person in
the action may demand a trial by jury in any civil action brought
pursuant to this section. Any injured person has a claim to forfeited
property or the proceeds derived therefrom and this claim is superior to
any claim the State may have to the same property or proceeds if the
injured person’s claim is asserted before a final decree is issued which
grants forfeiture of the property or proceeds to the State.
2. A final judgment or decree rendered in favor of the State in
any criminal proceeding under NRS 205.322 or 207.400
estops the defendant in any subsequent civil action or proceeding from
denying the essential allegations of the criminal offense.
3. Any civil action or proceeding under this section must be
instituted in the district court of the State in the county in which the
prospective defendant resides or has committed any act which subjects him
to criminal or civil liability under this section or NRS 205.322 , 207.400 or
207.460 .
4. Any civil remedy provided pursuant to this section is not
exclusive of any other available remedy or penalty.
(Added to NRS by 1983, 1501)
A district court may, following a determination of civil liability under
NRS 207.470 or 207.490 , take such actions as it deems proper,
including ordering the defendant to pay all costs and expenses of the
proceedings.
(Added to NRS by 1983, 1502)
1. Property subject to forfeiture under NRS 207.420 and 207.460
may be seized by a law enforcement agency upon process issued by a court.
Before an order of civil forfeiture is issued and without legal process,
notice of the claim for forfeiture of real property may be given in the
manner provided in NRS 14.010 and
14.015 . A seizure of personal property
may be made without legal process if the seizure is incident to:
(a) A lawful arrest or search; or
(b) An inspection under an administrative warrant.
2. Property seized or made the subject of notice under this
section is deemed to be in the custody of the agency subject only to
orders of the court which has jurisdiction over the proceedings for
forfeiture. An agency which has seized such property without process
shall begin the proceedings for forfeiture promptly. Such an action takes
precedence over other civil proceedings. The seized property is subject
to an action to claim the delivery of the property if the agency does not
file the complaint for forfeiture within 60 days after the property is
seized. If a complaint for forfeiture is filed after an affidavit
claiming delivery, the complaint must be treated as a counterclaim.
3. When property is seized under this section, pending forfeiture
and final disposition, the law enforcement agency may:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require another agency authorized by law to take custody of the
property and remove it to an appropriate location.
4. The district attorney may institute civil proceedings under
this section for the forfeiture of property subject to forfeiture
pursuant to NRS 207.460 . The Attorney
General may institute such proceedings when the property is seized by a
state agency. If a district attorney has not instituted such a proceeding
or has not pursued one which was instituted, the Attorney General may
intercede after giving 30 days’ written notice to the district attorney
of his intention to do so.
5. In any action so brought, the district court shall proceed as
soon as practicable to the hearing and determination. Pending final
determination in an action brought under this section or NRS 207.470
, the district court may at any time
enter such injunctions, prohibitions or restraining orders, or take such
actions, including the acceptance of satisfactory performance bonds, as
the court deems proper in connection with any property or interest
subject to forfeiture.
6. Upon a finding of civil liability under this section or NRS
207.470 , the court may order the
forfeiture of the appropriate property and interests.
(Added to NRS by 1983, 1500)
1. The State, county or city may sell or retain for its official
use the property or interests so forfeited. If the forfeited property or
interest is to be sold or otherwise disposed of, the State, county or
city shall do so as soon as commercially feasible. Except as otherwise
provided in subsection 2, the proceeds from such a sale must be used:
(a) First to satisfy a claim of an injured person as provided in
NRS 207.470 ;
(b) Then for payment of all proper expenses of any proceedings for
the forfeiture and sale, including any expenses for the seizure and
maintenance of the property, advertising and court costs; and
(c) Then to repay any money received pursuant to NRS 207.415 and to pay the amount required to be paid by
that section.
Ê The balance of the proceeds, if any, must be deposited in the General
Fund of the State or a county or city as the court provides in the order
of forfeiture.
2. If the property forfeited is encumbered by a bona fide security
interest and the secured party shows that he did not consent or have
knowledge of the violation causing the forfeiture, the State shall pay
the existing balance or return the property to the secured party.
(Added to NRS by 1983, 1501; A 1985, 973)
No
person, except one:
1. Who holds a community property interest in the property;
2. Whose name or interest appears on the document of title or
certificate of registration of the property;
3. Who is injured in his business or property by the violation; or
4. Who can otherwise prove ownership or a bona fide security
interest in the property or interest subject to forfeiture,
Ê may be a party to proceeding for a forfeiture brought pursuant to NRS
207.490 .
(Added to NRS by 1983, 1501)
A criminal action or
proceeding under NRS 205.322 or 207.400
may be commenced at any time within 5
years after the conduct in violation of the section occurs. Except as
otherwise provided in NRS 217.007 , a
civil action or proceeding under NRS 207.470 may be commenced at any time within 5 years
after the violation occurs or after the injured person sustains the
injury, whichever is later. If a criminal prosecution or civil action or
other proceeding is brought to punish, prevent or restrain any violation
of the provisions of NRS 205.322 or
207.400 , the running of the period of
limitations prescribed by this section with respect to any cause of
action arising under NRS 207.470 , which
is based in whole or in part upon any matter complained of in the
prosecution or proceeding, is suspended during the pendency of the
prosecution or proceeding and for 2 years following termination of the
prosecution or proceeding.
(Added to NRS by 1983, 1501; A 1985, 1828; 1993, 454)
