USA Statutes : nevada
Title : Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
Chapter : CHAPTER 212 - OFFENSES RELATING TO PRISONS AND PRISONERS
1. Every person sentenced to imprisonment in any penal institution
is under the protection of the law, and any unauthorized injury to his
person shall be punished in the same manner as if he were not so
convicted or sentenced.
2. A conviction of crime does not work a forfeiture of any
property, real or personal, or of any right or interest therein unless
otherwise specifically authorized by statute. All forfeitures in the
nature of deodands, or in case of suicide or where a person flees from
justice, are abolished.
[1911 C&P § 13; RL § 6278; NCL § 9962]—(NRS A 1985, 1468)
1. A jailer or person who is guilty of willful inhumanity or
oppression to any prisoner under his care or custody shall be punished:
(a) Where the prisoner suffers substantial bodily harm from the
inhumanity or oppression, for a category D felony as provided in NRS
193.130 .
(b) Where no substantial bodily harm results, for a gross
misdemeanor.
2. Whether or not the prisoner suffers substantial bodily harm,
any public officer guilty of willful inhumanity is guilty of a
malfeasance in office.
[Part 62:108:1866; B § 2660; BH § 1697; C § 1843; RL § 2818; NCL §
4818]—(NRS A 1967, 524; 1995, 1255)
ESCAPES AND RELATED OFFENSES
1. When any prisoner escapes from an institution or facility of
the Department of Corrections, the Director of the Department may issue a
warrant for the recapture of the escaped prisoner. The warrant is
effective in any county in this State, and may command the sheriff of any
county in this State, or any constable thereof, or any police officer of
any city in this State, to arrest the prisoner and return him to the
Director.
2. When any prisoner escapes from a jail, branch county jail or
other local detention facility, the sheriff, chief of police or other
officer responsible for the operation of the facility may issue a warrant
for the recapture of the escaped prisoner. The warrant is effective in
any county in this State, and may command the sheriff of any county in
this State, or any constable thereof, or any police officer of any city
in this State, to arrest the prisoner and return him to the officer who
issued the warrant.
[1:72:1866; B § 3765; BH § 1425; C § 1446; RL § 7594; NCL §
11491]—(NRS A 1977, 868; 1983, 726; 1991, 19; 2001 Special Session, 198
)
1. If an escape is not the result of carelessness, incompetency or
other official delinquency of the Director or other officers of the
Department of Corrections, all expenses of enforcing the provisions of
NRS 212.030 or appertaining to the
recapture and return of escaped convicts are a charge against the State,
and must be paid out of the Reserve for Statutory Contingency Account
upon approval by the State Board of Examiners.
2. Except as otherwise provided in NRS 211.060 , all expenses of enforcing the provisions of
NRS 212.030 or appertaining to the
recapture and return of escaped convicts are a charge against the county,
city or other local government responsible for the operation of that
facility.
[2:72:1866; A 1955, 625]—(NRS A 1963, 1111; 1977, 868; 1991, 19,
1755, 1823; 2001 Special Session, 198 )
1. If any person who has been sentenced to confinement in the
state prison, by any court having competent authority within this State,
escapes therefrom, or is charged with murder or the perpetration of any
crime punishable with death, the Governor may, upon satisfactory evidence
of the guilt of the accused, offer a reward for information that leads to
his apprehension. The reward offered by the Governor must not exceed the
sum of $5,000, and must be paid out of the Reserve for Statutory
Contingency Account upon approval by the State Board of Examiners.
2. If any person who has been sentenced to confinement in a jail,
branch county jail or other local detention facility by any court having
competent authority within this State, escapes therefrom, or is charged
with murder or the perpetration of any crime punishable with death, the
board of county commissioners of the county, the governing body of the
city or other local government responsible for the operation of the
facility may, upon satisfactory evidence of the guilt of the accused,
offer a reward for information that leads to his apprehension. The reward
offered by the board, governing body or other local government must not
exceed the sum of $5,000.
[80:108:1866; B § 2678; BH § 1715; C § 1861; RL § 2831; NCL §
4831]—(NRS A 1963, 1111; 1971, 8; 1991, 19, 1755, 1823)
1. The expenses and costs of prosecuting any person for escaping
from, or breaking out of, the state prison, or attempting so to do, or
for the commission of any crime while a prisoner therein, or any person
acting in concert with such a prisoner, whether as a principal or
accessory, are a charge against the State and must be paid from the
Reserve for Statutory Contingency Account upon approval by the State
Board of Examiners.
2. The expenses and costs of prosecuting any person or persons for
escaping from, or breaking out of, a jail, branch county jail or other
local detention facility or attempting so to do, or for the commission of
any crime while a prisoner therein, or any person acting in concert with
such a prisoner, whether as a principal or accessory, are a charge
against the county, city or other local government responsible for the
operation of that facility.
[1911 C&P § 555; A 1955, 625]—(NRS A 1963, 1112; 1991, 20, 1755,
1824; 1993, 457)
Every person in custody,
under sentence of imprisonment for any crime, who shall escape from
custody, may be recaptured and imprisoned for a term equal to the
unexpired portion of the original term.
[1911 C&P § 73; RL § 6338; NCL § 10022]
A prisoner
confined in a prison, or being in the lawful custody of an officer or
other person, who escapes or attempts to escape from prison or custody,
if he is held on a charge, conviction or sentence of:
1. A felony, shall be punished:
(a) Where a dangerous weapon is used or one or more hostages are
taken to facilitate the escape or attempted escape, or substantial bodily
harm results to anyone as a direct result of the escape or attempted
escape, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $20,000.
The sentence imposed pursuant to this paragraph must run consecutively
after any sentence imposed for the original felony, and is not subject to
suspension or the granting of probation.
(b) Where none of the aggravating factors specified in paragraph
(a) are present, 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.
2. A gross misdemeanor or misdemeanor, shall be punished:
(a) Where a dangerous weapon is used to facilitate the escape or
attempted escape, for a category B felony by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years, and may be further punished by a fine of not more
than $5,000.
(b) Where no dangerous weapon is used, for a gross misdemeanor.
[1911 C&P § 74; A 1955, 191]—(NRS A 1967, 524; 1973, 67; 1979,
1456; 1995, 1255)
1. Except as otherwise provided in subsection 4, a prisoner who is
in lawful custody or confinement, other than residential confinement,
shall not knowingly manufacture, possess or have in his custody or
control any key, picklock, bolt cutters, wire cutters, saw, digging tool,
rope, ladder, hook or any other tool or item adapted, designed or
commonly used for the purpose of escaping or attempting to escape from
lawful custody or confinement, whether or not such an escape or attempted
escape actually occurs.
2. A prisoner who violates any provision of subsection 1 and who
is in lawful custody or confinement for a charge, conviction or sentence
for:
(a) A felony, shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1
year and a maximum term of not more than 6 years, and may be further
punished by a fine of not more than $5,000.
(b) A gross misdemeanor or misdemeanor, shall be punished for a
gross misdemeanor.
3. A sentence imposed upon a prisoner pursuant to this section:
(a) Is not subject to suspension or the granting of probation; and
(b) Must run consecutively after the prisoner has served any
sentences imposed upon him for the offense or offenses for which the
prisoner was in lawful custody or confinement when he violated the
provisions of subsection 1.
4. The provisions of this section do not apply to a prisoner who
commits an act described in subsection 1 if the act is authorized by the
warden, sheriff, administrator or other person responsible for
administering the prison, or his designee, and the prisoner performs the
act in accordance with the directions or instructions given to him by
that person.
(Added to NRS by 2003, 1184 )
1. Any unauthorized absence from the place of assignment by an
offender who is on temporary furlough, participating in a work or
educational release program or otherwise in a classification assignment
under the provisions of chapter 209 of NRS,
constitutes an escape from prison which is a category B felony and the
offender shall be punished as provided in NRS 212.090 .
2. This section does not apply to offenders released on parole.
(Added to NRS by 1977, 854; A 1995, 1255)
A person who, with the
intent to effect or facilitate the escape of a prisoner, whether the
escape is effected or attempted or not, conveys or sends to a prisoner
any information or aid, or conveys or sends into a prison any disguise,
instrument, weapon or other thing, or aids or assists a prisoner in
escaping or attempting to escape from the lawful custody of a sheriff or
other officer or person, shall be punished if the prisoner is held upon a
charge, arrest, commitment, conviction or a sentence:
1. For a felony, 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.
2. For a gross misdemeanor or misdemeanor:
(a) Where a dangerous weapon is used to effect or facilitate the
escape or attempted escape, for a category B felony by imprisonment in
the state prison for a minimum term of not less than 1 year and a maximum
term of not more than 6 years, and may be further punished by a fine of
not more than $5,000.
(b) Where no dangerous weapon is used, for a gross misdemeanor.
[1911 C&P § 75; RL § 6340; NCL § 10024]—(NRS A 1967, 524; 1979,
1457; 1995, 1256)
A person who willfully
allows a prisoner lawfully in his custody to escape, or connives at or
assists such an escape, or willfully omits any act or duty by reason of
which an escape is occasioned, contributed to or assisted, is guilty of a
category B felony and shall, if he connives at or assists the escape, 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 $10,000, and in any other
case, is guilty of a gross misdemeanor.
[1911 C&P § 76; RL § 6341; NCL § 10025]—(NRS A 1967, 525; 1979,
1457; 1995, 1256)
An officer who
asks or receives, directly or indirectly, any compensation, gratuity or
reward, or promise thereof, to procure, assist, connive at or permit any
prisoner in his custody to escape, whether the escape is attempted or
not, or commits any unlawful act tending to hinder justice, 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 $10,000.
[1911 C&P § 77; RL § 6342; NCL § 10026]—(NRS A 1967, 525; 1979,
1457; 1995, 1256)
A person who knowingly
conceals, or harbors for the purpose of concealment, a prisoner who has
escaped or is escaping from custody shall be punished, according to the
charge or conviction or sentence upon which the prisoner was held:
1. For a category C felony as provided in NRS 193.130 , if the prisoner was held for a felony.
2. For a gross misdemeanor, if the prisoner was held for a gross
misdemeanor.
3. For a misdemeanor, if the prisoner was held for a misdemeanor.
[1911 C&P § 78; RL § 6343; NCL § 10027]—(NRS A 1967, 525; 1979,
1458; 1995, 1256)
OTHER UNAUTHORIZED OR PROHIBITED CONDUCT BY OR WITH PRISONERS
Every
person who, not being authorized by law or by any officer authorized
thereby, shall have any verbal communication with any prisoner in any
jail, prison or other penal institution, or shall bring into or convey
out of the same any writing, clothing, food, tobacco or any article
whatsoever, shall be guilty of a misdemeanor.
[1911 C&P § 108; RL § 6373; NCL § 10057]
1. A person shall not visit, or in any manner communicate with,
any prisoner convicted of or charged with any felony, imprisoned in the
county jail, other than the officer having such prisoner in charge, his
attorney or the district attorney, unless the person has a written
permission so to do, signed by the district attorney, or has the consent
of the Director of the Department of Corrections or the constable or
sheriff having such prisoner in charge.
2. Any person violating, aiding in, conniving at or participating
in the violation of this section is guilty of a gross misdemeanor.
[1911 C&P § 552; RL § 6817; NCL § 10497]—(NRS A 1967, 525; 1977,
869; 2001 Special Session, 198 )
1. A person, who is not authorized by law, who knowingly
furnishes, attempts to furnish, or aids or assists in furnishing or
attempting to furnish to a prisoner confined in an institution of the
Department of Corrections, or any other place where prisoners are
authorized to be or are assigned by the Director of the Department, any
deadly weapon, explosive, a facsimile of a firearm or an explosive, any
controlled substance or intoxicating liquor, shall be punished:
(a) Where a deadly weapon, controlled substance, explosive or a
facsimile of a firearm or explosive is involved, 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 an intoxicant is involved, for a gross misdemeanor.
2. Knowingly leaving or causing to be left any deadly weapon,
explosive, facsimile of a firearm or explosive, controlled substance or
intoxicating liquor where it may be obtained by any prisoner constitutes,
within the meaning of this section, the furnishing of the article to the
prisoner.
3. A prisoner confined in an institution of the Department of
Corrections, or any other place where prisoners are authorized to be or
are assigned by the Director of the Department, who possesses a
controlled substance without lawful authorization is guilty of a category
D felony and shall be punished as provided in NRS 193.130 .
[1:163:1949; 1943 NCL § 11474.01]—(NRS A 1963, 520; 1967, 525;
1971, 2026; 1977, 869; 1979, 1458; 1985, 596; 1987, 1548; 1995, 1257;
2001 Special Session, 198 )
1. Any person who sells, barters, exchanges or in any manner
disposes of any spirituous or malt liquor or beverage to any person
confined in any county or city jail or detention facility is guilty of a
gross misdemeanor.
2. This section does not apply to any physician prescribing or
furnishing liquor to any such person, when the liquor is prescribed or
furnished for medicinal purposes only.
[Part 1911 C&P § 220; RL § 6485; NCL § 10167]—(NRS A 1967, 526;
1989, 1177)
It is unlawful for any person, unless he was licensed to sell
alcoholic beverages at that address before July 1, 1983, to sell by
wholesale or retail any alcoholic beverage within one-half mile of any
institution under the jurisdiction of the Department of Corrections which
is designed to house 125 or more offenders within a secure perimeter, and
no license may be granted authorizing the sale of any alcoholic beverage
within one-half mile of such an institution.
[1911 C&P § 239; RL § 6504; NCL § 10186]—(NRS A 1979, 1458; 1983,
381; 2001 Special Session, 199 )
1. A person who is incarcerated in the state prison or any county
or city jail or detention facility or other correctional facility in this
State, or is transferred for medical or psychiatric treatment at another
institution, or is in transit to or from such facility, or is in the
legal custody of any correctional officer or employee, and who possesses
or has in his custody or control any:
(a) Instrument or weapon of the kind commonly known as a blackjack,
slungshot, billy, sand-club, sandbag or metal knuckles;
(b) Explosive substance, including fixed ammunition, or any
incendiary or explosive device;
(c) Dirk, dagger, switchblade knife or sharp instrument;
(d) Pistol, revolver or other firearm;
(e) Facsimile of a firearm or an explosive;
(f) Device capable of propelling a projectile with sufficient force
to cause bodily harm, including, but not limited to, a pellet gun,
slingshot, blowgun, crossbow or bow and arrow; or
(g) Other similar weapon, instrument or device,
Ê is guilty of a category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years.
2. For the purposes of this section, incarceration begins upon
assignment to a cell or other place within the correctional facility
after completion of the initial booking procedure.
(Added to NRS by 1977, 269; A 1985, 596; 1989, 1177; 1995, 1257)
1. A prisoner who is in lawful custody or confinement, other than
in the custody of the Division of Parole and Probation of the Department
of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, and who
voluntarily engages in sexual conduct with another person is guilty of a
category D felony and shall be punished as provided in NRS 193.130 .
2. A person who voluntarily engages in sexual conduct with a
prisoner who is in lawful custody or confinement, other than in the
custody of the Division of Parole and Probation of the Department of
Public Safety pursuant to NRS 209.4886
or 209.4888 or residential
confinement, is guilty of a category D felony and shall be punished as
provided in NRS 193.130 .
3. As used in this section, “sexual conduct”:
(a) Includes acts of masturbation, homosexuality, sexual
intercourse or physical contact with another person’s clothed or
unclothed genitals or pubic area to arouse, appeal to or gratify the
sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner
or an employee of the institution in which the prisoner is confined that
are performed to carry out the necessary duties of such a person or
employee.
(Added to NRS by 1981, 613; A 1997, 1643; 1999, 2882 ; 2001, 1164 , 1937 ; 2001 Special Session, 157 ; 2003, 26 , 29 , 2581 )
1. Except as otherwise provided in subsection 9, a prisoner who is
in lawful custody or confinement, other than residential confinement,
shall not knowingly:
(a) Store or stockpile any human excrement or bodily fluid;
(b) Sell, supply or provide any human excrement or bodily fluid to
any other person;
(c) Buy, receive or acquire any human excrement or bodily fluid
from any other person; or
(d) Use, propel, discharge, spread or conceal, or cause to be used,
propelled, discharged, spread or concealed, any human excrement or bodily
fluid:
(1) With the intent to have the excrement or bodily fluid
come into physical contact with any portion of the body of an officer or
employee of a prison or any other person, whether or not such physical
contact actually occurs; or
(2) Under circumstances in which the excrement or bodily
fluid is reasonably likely to come into physical contact with any portion
of the body of an officer or employee of a prison or any other person,
whether or not such physical contact actually occurs.
2. Except as otherwise provided in subsection 3, if a prisoner
violates any provision of subsection 1, the prisoner is guilty of a
category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of
not more than 10 years, and may be further punished by a fine of not more
than $10,000.
3. If a prisoner violates any provision of paragraph (d) of
subsection 1 and, at the time of the offense, the prisoner knew that any
portion of the excrement or bodily fluid involved in the offense
contained a communicable disease that causes or is reasonably likely to
cause substantial bodily harm, whether or not the communicable disease
was transmitted to a victim as a result of the offense, the prisoner is
guilty of a category A felony and shall be punished by imprisonment in
the state prison:
(a) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole
beginning when a minimum of 10 years has been served,
Ê and may be further punished by a fine of not more than $50,000.
4. A sentence imposed upon a prisoner pursuant to subsection 2 or
3:
(a) Is not subject to suspension or the granting of probation; and
(b) Must run consecutively after the prisoner has served any
sentences imposed upon him for the offense or offenses for which the
prisoner was in lawful custody or confinement when he violated the
provisions of subsection 1.
5. In addition to any other penalty, the court shall order a
prisoner who violates any provision of paragraph (d) of subsection 1 to
reimburse the appropriate person or governmental body for the cost of any
examinations or testing:
(a) Conducted pursuant to paragraphs (a) and (b) of subsection 7; or
(b) Paid for pursuant to subparagraph (2) of paragraph (c) of
subsection 7.
6. The warden, sheriff, administrator or other person responsible
for administering a prison shall immediately and fully investigate any
act described in subsection 1 that is reported or suspected to have been
committed in the prison.
7. If there is probable cause to believe that an act described in
paragraph (d) of subsection 1 has been committed in a prison:
(a) Each prisoner believed to have committed the act or to have
been the bodily source of any portion of the excrement or bodily fluid
involved in the act must submit to any appropriate examinations and
testing to determine whether each such prisoner has any communicable
disease.
(b) If possible, a sample of the excrement or bodily fluid involved
in the act must be recovered and tested to determine whether any
communicable disease is present in the excrement or bodily fluid.
(c) If the excrement or bodily fluid involved in the act came into
physical contact with any portion of the body of an officer or employee
of a prison or any other person:
(1) The results of any examinations or testing conducted
pursuant to paragraphs (a) and (b) must be provided to each such officer,
employee or other person; and
(2) For each such officer or employee, the person or
governmental body operating the prison where the act was committed shall
pay for any appropriate examinations and testing requested by the officer
or employee to determine whether a communicable disease was transmitted
to him as a result of the act.
(d) The results of the investigation conducted pursuant to
subsection 6 and the results of any examinations or testing conducted
pursuant to paragraphs (a) and (b) must be submitted to the district
attorney of the county in which the act was committed or to the Office of
the Attorney General for possible prosecution of each prisoner who
committed the act.
8. If a prisoner is charged with committing an act described in
paragraph (d) of subsection 1 and a victim or an intended victim of the
act was an officer or employee of a prison, the prosecuting attorney
shall not dismiss the charge in exchange for a plea of guilty or nolo
contendere to a lesser charge or for any other reason unless the
prosecuting attorney knows or it is obvious that the charge is not
supported by probable cause or cannot be proved at the time of trial.
9. The provisions of this section do not apply to a prisoner who
commits an act described in subsection 1 if the act:
(a) Is otherwise lawful and is authorized by the warden, sheriff,
administrator or other person responsible for administering the prison,
or his designee, and the prisoner performs the act in accordance with the
directions or instructions given to him by that person;
(b) Involves the discharge of human excrement or bodily fluid
directly from the body of the prisoner and the discharge is the direct
result of a temporary or permanent injury, disease or medical condition
afflicting the prisoner that prevents the prisoner from having physical
control over the discharge of his own excrement or bodily fluid; or
(c) Constitutes voluntary sexual conduct with another person in
violation of the provisions of NRS 212.187 .
(Added to NRS by 1999, 2676 ; A 2003, 1485 )
DAMAGE TO PRISONS AND JAILS
If any person shall, willfully and
intentionally, break down, pull down, or otherwise destroy or injure, in
whole or in part, any public jail or other place of confinement, every
person so offending is guilty of a public offense proportionate to the
value of the loss resulting therefrom, and in no event less than a gross
misdemeanor.
[1911 C&P § 493; RL § 6758; NCL § 10440]—(NRS A 1967, 526)
ELECTRONIC SUPERVISION
1. Except as otherwise provided in NRS 213.400 , a person who has been arrested for, charged
with or convicted of a felony or a gross misdemeanor, who is being
supervised electronically pursuant to such an arrest, charge or
conviction and who:
(a) Is absent or attempts to be absent from his residence,
employment or other activity authorized by the supervising agency without
authorization; or
(b) Removes or disables or attempts to remove or disable the
electronic device used to supervise the person,
Ê is guilty of a gross misdemeanor.
2. A person who has been arrested for, charged with or convicted
of a misdemeanor, who is supervised electronically pursuant to such an
arrest, charge or conviction and who:
(a) Is absent or attempts to be absent from his residence,
employment or other activity authorized by the supervising agency without
authorization; or
(b) Removes or disables or attempts to remove or disable the
electronic device used to supervise the person,
Ê is guilty of a misdemeanor.
3. In addition to any other penalty, the court shall order the
person to pay restitution for any damage to or loss of the electronic
device used to supervise the person.
4. A sentence imposed pursuant to this section must run
consecutively with the sentence imposed for the original offense.
(Added to NRS by 1997, 1225)
