[Rev. 2/10/2015 4:32:06
PM--2014R2]
CHAPTER 200 - CRIMES AGAINST THE PERSON
HOMICIDE
NRS 200.010 “Murder”
defined.
NRS 200.020 Malice:
Express and implied defined.
NRS 200.030 Degrees
of murder; penalties.
NRS 200.033 Circumstances
aggravating first degree murder.
NRS 200.035 Circumstances
mitigating first degree murder.
NRS 200.040 “Manslaughter”
defined.
NRS 200.050 “Voluntary
manslaughter” defined.
NRS 200.060 When
killing punished as murder.
NRS 200.070 “Involuntary
manslaughter” defined.
NRS 200.080 Punishment
for voluntary manslaughter.
NRS 200.090 Punishment
for involuntary manslaughter.
NRS 200.110 Place
of trial for homicide.
NRS 200.120 “Justifiable
homicide” defined; no duty to retreat under certain circumstances.
NRS 200.130 Bare
fear insufficient to justify killing; reasonable fear required.
NRS 200.140 Justifiable
homicide by public officer.
NRS 200.150 Justifiable
or excusable homicide.
NRS 200.160 Additional
cases of justifiable homicide.
NRS 200.170 Burden
of proving circumstances of mitigation or justifiable or excusable homicide.
NRS 200.180 Excusable
homicide by misadventure.
NRS 200.190 Justifiable
or excusable homicide not punishable.
NRS 200.200 Killing
in self-defense.
NRS 200.210 Killing
of unborn quick child; penalty.
NRS 200.220 Taking
drugs to terminate pregnancy; penalty.
NRS 200.230 Death
resulting from overloading of passenger vessel; penalties.
NRS 200.240 Owner
of animal that kills human being guilty of manslaughter under certain
circumstances; penalty.
NRS 200.260 Death
resulting from unlawful manufacture or storage of explosives; penalty.
BODILY INJURY
NRS 200.275 Justifiable
infliction or threat of bodily injury not punishable.
NRS 200.278 Information
required to be provided to school district of person in secondary school who
causes serious bodily injury.
MAYHEM
NRS 200.280 Definition;
penalty.
NRS 200.290 Instrument
or manner of inflicting injury immaterial.
NRS 200.300 Injury
not resulting in permanent injury; defendant may be convicted of assault.
KIDNAPPING
NRS 200.310 Degrees.
NRS 200.320 Kidnapping
in first degree: Penalties.
NRS 200.330 Kidnapping
in second degree: Penalties.
NRS 200.340 Penalty
for aiding or abetting.
NRS 200.350 Where
proceedings may be instituted; consent is not defense.
NRS 200.357 Law
enforcement officer required to take child into protective custody if child in
danger of being removed from jurisdiction.
NRS 200.359 Detention,
concealment or removal of child from person having lawful custody or from
jurisdiction of court: Penalties; limitation on issuance of arrest warrant;
restitution; exceptions.
SEXUAL ASSAULT AND SEDUCTION
NRS 200.364 Definitions.
NRS 200.366 Sexual
assault: Definition; penalties.
NRS 200.368 Statutory
sexual seduction: Penalties.
NRS 200.373 Sexual
assault of spouse by spouse.
NRS 200.377 Victims
of certain sexual offenses: Legislative findings and declarations.
NRS 200.3771 Victims
of certain sexual offenses: Confidentiality of records and reports that reveal
identity; when disclosure permitted; penalty.
NRS 200.3772 Victims
of certain sexual offenses: Procedure for substituting pseudonym for name on
files, records and reports; actual identity confidential; when disclosure
required; immunity for unintentional disclosure.
NRS 200.3773 Victims
of certain sexual offenses: Public officer or employee prohibited from disclosing
identity; exceptions; penalty.
NRS 200.3774 Victims
of certain sexual offenses: Effect of waiver of confidentiality.
NRS 200.378 Court
may impose temporary or extended order to restrict conduct of alleged
perpetrator, defendant or convicted person; penalty for violation of order;
dissemination of order; notice provided in order.
NRS 200.3781 Petitioner
for order: Deferment of costs and fees; free information concerning order; no
fee for serving order.
NRS 200.3782 Duration
of orders; dissolution or modification of temporary order.
NRS 200.3783 Order
to be transmitted to law enforcement agencies; enforcement.
NRS 200.3784 Victim
to be given certain information and documents concerning case; clerk to keep
record of order or condition restricting conduct of defendant.
ROBBERY
NRS 200.380 Definition;
penalty.
ATTEMPTS TO KILL
NRS 200.390 Administration
of poison: Penalty.
BATTERY WITH INTENT TO COMMIT A CRIME
NRS 200.400 Definition;
penalties.
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
NRS 200.405 Administration
of drug to aid commission of felony: Penalty.
NRS 200.408 Administration
of controlled substance to aid commission of crime of violence: Penalty;
definitions.
DUELS AND CHALLENGES
NRS 200.410 Death
resulting from duel; penalty.
NRS 200.430 Incriminating
testimony; witness’s privilege.
NRS 200.440 Posting
for not fighting; use of contemptuous language.
NRS 200.450 Challenges
to fight; penalties.
FALSE IMPRISONMENT
NRS 200.460 Definition;
penalties.
INVOLUNTARY SERVITUDE; PURCHASE OR SALE OF PERSON
NRS 200.463 Involuntary
servitude; penalties.
NRS 200.4631 Involuntary
servitude of minors; penalties.
NRS 200.464 Recruiting,
enticing, harboring, transporting, providing or obtaining another person to be
held in involuntary servitude; benefiting from another person being held in
involuntary servitude; penalty.
NRS 200.465 Assuming
rights of ownership over another person; purchase or sale of person; penalty.
NRS 200.466 Power
of court to order restitution for violation of NRS
200.463, 200.464 or 200.465.
TRAFFICKING IN PERSONS
NRS 200.467 Trafficking
in persons for financial gain; penalties.
NRS 200.468 Trafficking
in persons for illegal purposes; penalty.
NRS 200.469 Power
of court to order restitution for violation of NRS
200.467 or 200.468.
ASSAULT AND BATTERY
NRS 200.471 Assault:
Definitions; penalties.
NRS 200.481 Battery:
Definitions; penalties.
NRS 200.485 Battery
which constitutes domestic violence: Penalties; referring child for counseling;
restriction against dismissal, probation and suspension; definitions.
NRS 200.490 Provoking
assault: Penalty.
CRIMINAL NEGLECT OF PATIENTS
NRS 200.495 Definitions;
penalties.
ABUSE AND NEGLECT OF CHILDREN
NRS 200.508 Abuse,
neglect or endangerment of child: Penalties; definitions.
NRS 200.5081 District
attorney may refer person suspected of violating NRS
200.508 for treatment or counseling.
NRS 200.5083 Mutilation
of genitalia of female child: Penalties; definitions.
NRS 200.5085 Use
of nonmedical remedial treatment.
ABUSE, NEGLECT, EXPLOITATION OR ISOLATION OF OLDER PERSONS AND
VULNERABLE PERSONS
NRS 200.5091 Policy
of State.
NRS 200.5092 Definitions.
NRS 200.50925 “Reasonable
cause to believe” and “as soon as reasonably practicable” defined.
NRS 200.5093 Report
of abuse, neglect, exploitation or isolation of older person; voluntary and
mandatory reports; investigation; penalty.
NRS 200.50935 Report
of abuse, neglect, exploitation or isolation of vulnerable person; voluntary
and mandatory reports; investigation; penalty.
NRS 200.5094 Reports:
Manner of making; contents.
NRS 200.5095 Reports
and records confidential; permissible or required disclosure; penalty.
NRS 200.50955 Law
enforcement agency: Required to act promptly in obtaining certain warrants.
NRS 200.5096 Immunity
from civil or criminal liability for reporting, investigating or submitting
information.
NRS 200.5097 Admissibility
of evidence.
NRS 200.5098 Duties
of Aging and Disability Services Division of Department of Health and Human
Services regarding older persons; organization and operation of teams for provision
of assistance.
NRS 200.50982 Disclosure
of information concerning reports and investigations to other agencies or legal
representative of older person or vulnerable person; disclosure of information
concerning suspect in investigation of abuse, neglect, exploitation or
isolation of older person.
NRS 200.50984 Inspection
of records pertaining to older person on whose behalf investigation is
conducted.
NRS 200.50986 Petition
for removal of guardian of older person.
NRS 200.5099 Penalties.
NRS 200.50995 Penalties
for conspiracy.
LIBEL
NRS 200.510 Definition;
penalties; truth may be given in evidence; jury to determine law and fact.
NRS 200.520 Publication
defined.
NRS 200.530 Liability
of editor or publisher.
NRS 200.540 Criminal
proceedings: Venue.
NRS 200.550 Furnishing
libelous information: Penalty.
NRS 200.560 Threatening
to publish libel: Penalty.
HARASSMENT AND STALKING
NRS 200.571 Harassment:
Definition; penalties.
NRS 200.575 Stalking:
Definitions; penalties.
NRS 200.581 Where
offense committed.
NRS 200.591 Court
may impose temporary or extended order to restrict conduct of alleged
perpetrator, defendant or convicted person; penalty for violation of order;
dissemination of order; notice provided in order.
NRS 200.592 Petitioner
for order: Deferment of costs and fees; free information concerning order; no
fee for serving order.
NRS 200.594 Duration
of orders; dissolution or modification of temporary order.
NRS 200.597 Order
to be transmitted to law enforcement agencies; enforcement.
NRS 200.601 Victim
to be given certain information and documents concerning case; clerk to keep
record of order or condition restricting conduct of defendant.
PEEPING
NRS 200.603 Peering,
peeping or spying through window, door or other opening of dwelling of another;
penalties.
NRS 200.604 Capturing
image of private area of another person; distributing, disclosing, displaying,
transmitting or publishing image of private area of another person; penalties;
exceptions; confidentiality of image.
HAZING
NRS 200.605 Penalties;
definition.
INTERCEPTION AND DISCLOSURE OF WIRE AND RADIO COMMUNICATIONS
OR PRIVATE CONVERSATIONS
NRS 200.610 Definitions.
NRS 200.620 Interception
and attempted interception of wire communication prohibited; exceptions.
NRS 200.630 Disclosure
of existence, content or substance of wire or radio communication prohibited;
exceptions.
NRS 200.640 Unauthorized
connection with facilities prohibited.
NRS 200.650 Unauthorized,
surreptitious intrusion of privacy by listening device prohibited.
NRS 200.690 Penalties.
PORNOGRAPHY INVOLVING MINORS
NRS 200.700 Definitions.
NRS 200.710 Unlawful
to use minor in producing pornography or as subject of sexual portrayal in
performance.
NRS 200.720 Promotion
of sexual performance of minor unlawful.
NRS 200.725 Preparing,
advertising or distributing materials depicting pornography involving minor
unlawful; penalty.
NRS 200.727 Use
of Internet to control visual presentation depicting sexual conduct of person
under 16 years of age; penalties.
NRS 200.730 Possession
of visual presentation depicting sexual conduct of person under 16 years of age
unlawful; penalties.
NRS 200.735 Exemption
for purposes of law enforcement.
NRS 200.737 Use
of electronic communication device by minor to possess, transmit or distribute
sexual images of minor; penalties.
NRS 200.740 Determination
by court or jury of whether person was minor.
NRS 200.750 Penalties.
NRS 200.760 Forfeiture.
PERFORMANCE OF HEALTH CARE OR SURGICAL PROCEDURE WITHOUT A
LICENSE
NRS 200.800 Definitions.
NRS 200.810 “Health
care procedure” defined.
NRS 200.820 “Surgical
procedure” defined.
NRS 200.830 Performance
of health care procedure without license; penalties.
NRS 200.840 Performance
of surgical procedure without license; penalties.
BULLYING BY USE OF ELECTRONIC COMMUNICATION DEVICE
NRS 200.900 Penalties;
definitions.
_________
HOMICIDE
NRS 200.010 “Murder” defined. Murder
is the unlawful killing of a human being:
1. With malice aforethought, either
express or implied;
2. Caused by a controlled substance which
was sold, given, traded or otherwise made available to a person in violation of
chapter 453 of NRS; or
3. Caused by a violation of NRS 453.3325.
Ê The unlawful
killing may be effected by any of the various means by which death may be occasioned.
[1911 C&P § 119; RL § 6384; NCL § 10066]—(NRS A 1983, 512; 1985, 1598; 1989, 589; 2005, 1059)
NRS 200.020 Malice: Express and implied defined.
1. Express malice is that deliberate
intention unlawfully to take away the life of a fellow creature, which is
manifested by external circumstances capable of proof.
2. Malice shall be implied when no
considerable provocation appears, or when all the circumstances of the killing
show an abandoned and malignant heart.
[1911 C&P § 120; A 1915, 67; 1919 RL § 6385; NCL
§ 10067]
NRS 200.030 Degrees of murder; penalties.
1. Murder of the first degree is murder
which is:
(a) Perpetrated by means of poison, lying in wait
or torture, or by any other kind of willful, deliberate and premeditated
killing;
(b) Committed in the perpetration or attempted
perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion
of the home, sexual abuse of a child, sexual molestation of a child under the
age of 14 years, child abuse or abuse of an older person or vulnerable person
pursuant to NRS 200.5099;
(c) Committed to avoid or prevent the lawful
arrest of any person by a peace officer or to effect the escape of any person
from legal custody;
(d) Committed on the property of a public or
private school, at an activity sponsored by a public or private school or on a
school bus while the bus was engaged in its official duties by a person who
intended to create a great risk of death or substantial bodily harm to more
than one person by means of a weapon, device or course of action that would
normally be hazardous to the lives of more than one person; or
(e) Committed in the perpetration or attempted
perpetration of an act of terrorism.
2. Murder of the second degree is all
other kinds of murder.
3. The jury before whom any person
indicted for murder is tried shall, if they find the person guilty thereof,
designate by their verdict whether the person is guilty of murder of the first
or second degree.
4. A person convicted of murder of the
first degree is guilty of a category A felony and shall be punished:
(a) By death, only if one or more aggravating
circumstances are found and any mitigating circumstance or circumstances which
are found do not outweigh the aggravating circumstance or circumstances, unless
a court has made a finding pursuant to NRS
174.098 that the defendant is a person with an intellectual disability and
has stricken the notice of intent to seek the death penalty; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of
parole;
(2) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 20 years has
been served; or
(3) For a definite term of 50 years, with
eligibility for parole beginning when a minimum of 20 years has been served.
Ê A
determination of whether aggravating circumstances exist is not necessary to
fix the penalty at imprisonment for life with or without the possibility of
parole.
5. A person convicted of murder of the
second degree is guilty of a category A felony and shall be punished by
imprisonment in the state prison:
(a) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with
eligibility for parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) “Act of terrorism” has the meaning ascribed
to it in NRS 202.4415;
(b) “Child abuse” means physical injury of a
nonaccidental nature to a child under the age of 18 years;
(c) “School bus” has the meaning ascribed to it
in NRS 483.160;
(d) “Sexual abuse of a child” means any of the
acts described in NRS 432B.100; and
(e) “Sexual molestation” means any willful and
lewd or lascivious act, other than acts constituting the crime of sexual
assault, upon or with the body, or any part or member thereof, of a child under
the age of 14 years, with the intent of arousing, appealing to, or gratifying
the lust, passions or sexual desires of the perpetrator or of the child.
[1911 C&P § 121; A 1915, 67; 1919, 468; 1947,
302; 1943 NCL § 10068]—(NRS A 1957, 330; 1959, 781; 1960, 399; 1961, 235, 486;
1967, 467, 1470; 1973, 1803; 1975, 1580; 1977, 864, 1541, 1627; 1989, 865, 1451; 1995, 257, 1181; 1999, 1335; 2003, 770, 2944; 2007, 74; 2013, 689)
NRS 200.033 Circumstances aggravating first degree murder. The only circumstances by which murder of the
first degree may be aggravated are:
1. The murder was committed by a person
under sentence of imprisonment.
2. The murder was committed by a person
who, at any time before a penalty hearing is conducted for the murder pursuant
to NRS 175.552, is or has been
convicted of:
(a) Another murder and the provisions of
subsection 12 do not otherwise apply to that other murder; or
(b) A felony involving the use or threat of
violence to the person of another and the provisions of subsection 4 do not
otherwise apply to that felony.
Ê For the
purposes of this subsection, a person shall be deemed to have been convicted at
the time the jury verdict of guilt is rendered or upon pronouncement of guilt
by a judge or judges sitting without a jury.
3. The murder was committed by a person
who knowingly created a great risk of death to more than one person by means of
a weapon, device or course of action which would normally be hazardous to the
lives of more than one person.
4. The murder was committed while the
person was engaged, alone or with others, in the commission of, or an attempt
to commit or flight after committing or attempting to commit, any robbery,
arson in the first degree, burglary, invasion of the home or kidnapping in the
first degree, and the person charged:
(a) Killed or attempted to kill the person
murdered; or
(b) Knew or had reason to know that life would be
taken or lethal force used.
5. The murder was committed to avoid or
prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person,
for himself or herself or another, to receive money or any other thing of
monetary value.
7. The murder was committed upon a peace
officer or firefighter who was killed while engaged in the performance of his
or her official duty or because of an act performed in his or her official
capacity, and the defendant knew or reasonably should have known that the
victim was a peace officer or firefighter. For the purposes of this subsection,
“peace officer” means:
(a) An employee of the Department of Corrections
who does not exercise general control over offenders imprisoned within the
institutions and facilities of the Department, but whose normal duties require
the employee to come into contact with those offenders when carrying out the duties
prescribed by the Director of the Department.
(b) Any person upon whom some or all of the
powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out
those powers.
8. The murder involved torture or the
mutilation of the victim.
9. The murder was committed upon one or
more persons at random and without apparent motive.
10. The murder was committed upon a person
less than 14 years of age.
11. The murder was committed upon a person
because of the actual or perceived race, color, religion, national origin,
physical or mental disability or sexual orientation of that person.
12. The defendant has, in the immediate
proceeding, been convicted of more than one offense of murder in the first or
second degree. For the purposes of this subsection, a person shall be deemed to
have been convicted of a murder at the time the jury verdict of guilt is
rendered or upon pronouncement of guilt by a judge or judges sitting without a
jury.
13. The person, alone or with others,
subjected or attempted to subject the victim of the murder to nonconsensual
sexual penetration immediately before, during or immediately after the
commission of the murder. For the purposes of this subsection:
(a) “Nonconsensual” means against the victim’s
will or under conditions in which the person knows or reasonably should know
that the victim is mentally or physically incapable of resisting, consenting or
understanding the nature of his or her conduct, including, but not limited to,
conditions in which the person knows or reasonably should know that the victim
is dead.
(b) “Sexual penetration” means cunnilingus,
fellatio or any intrusion, however slight, of any part of the victim’s body or
any object manipulated or inserted by a person, alone or with others, into the
genital or anal openings of the body of the victim, whether or not the victim
is alive. The term includes, but is not limited to, anal intercourse and sexual
intercourse in what would be its ordinary meaning.
14. The murder was committed on the
property of a public or private school, at an activity sponsored by a public or
private school or on a school bus while the bus was engaged in its official
duties by a person who intended to create a great risk of death or substantial
bodily harm to more than one person by means of a weapon, device or course of
action that would normally be hazardous to the lives of more than one person.
For the purposes of this subsection, “school bus” has the meaning ascribed to
it in NRS 483.160.
15. The murder was committed with the
intent to commit, cause, aid, further or conceal an act of terrorism. For the
purposes of this subsection, “act of terrorism” has the meaning ascribed to it
in NRS 202.4415.
(Added to NRS by 1977, 1542; A 1981, 521, 2011; 1983, 286; 1985, 1979; 1989, 1451; 1993, 76; 1995, 2, 138, 1490, 2705; 1997, 1293; 1999, 1336; 2001
Special Session, 229; 2003, 2945; 2005, 317)
NRS 200.035 Circumstances mitigating first degree murder. Murder of the first degree may be mitigated by
any of the following circumstances, even though the mitigating circumstance is
not sufficient to constitute a defense or reduce the degree of the crime:
1. The defendant has no significant
history of prior criminal activity.
2. The murder was committed while the
defendant was under the influence of extreme mental or emotional disturbance.
3. The victim was a participant in the
defendant’s criminal conduct or consented to the act.
4. The defendant was an accomplice in a
murder committed by another person and the defendant’s participation in the
murder was relatively minor.
5. The defendant acted under duress or
under the domination of another person.
6. The youth of the defendant at the time
of the crime.
7. Any other mitigating circumstance.
(Added to NRS by 1977, 1543)
NRS 200.040 “Manslaughter” defined.
1. Manslaughter is the unlawful killing of
a human being, without malice express or implied, and without any mixture of
deliberation.
2. Manslaughter must be voluntary, upon a
sudden heat of passion, caused by a provocation apparently sufficient to make
the passion irresistible, or involuntary, in the commission of an unlawful act,
or a lawful act without due caution or circumspection.
3. Manslaughter does not include vehicular
manslaughter as described in NRS 484B.657.
[1911 C&P § 122; RL § 6387; NCL § 10069]—(NRS A 1983, 1014; 1995, 1725; 2005, 79)
NRS 200.050 “Voluntary manslaughter” defined.
1. In cases of voluntary manslaughter,
there must be a serious and highly provoking injury inflicted upon the person
killing, sufficient to excite an irresistible passion in a reasonable person,
or an attempt by the person killed to commit a serious personal injury on the
person killing.
2. Voluntary manslaughter does not include
vehicular manslaughter as described in NRS
484B.657.
[1911 C&P § 123; RL § 6388; NCL § 10070]—(NRS A 2005, 79)
NRS 200.060 When killing punished as murder. The
killing must be the result of that sudden, violent impulse of passion supposed
to be irresistible; for, if there should appear to have been an interval
between the assault or provocation given and the killing, sufficient for the
voice of reason and humanity to be heard, the killing shall be attributed to
deliberate revenge and punished as murder.
[1911 C&P § 124; RL § 6389; NCL § 10071]
NRS 200.070 “Involuntary manslaughter” defined.
1. Except under the circumstances provided
in NRS 484B.550 and 484B.653, involuntary manslaughter is
the killing of a human being, without any intent to do so, in the commission of
an unlawful act, or a lawful act which probably might produce such a
consequence in an unlawful manner, but where the involuntary killing occurs in
the commission of an unlawful act, which, in its consequences, naturally tends
to destroy the life of a human being, or is committed in the prosecution of a
felonious intent, the offense is murder.
2. Involuntary manslaughter does not
include vehicular manslaughter as described in NRS 484B.657.
[1911 C&P § 125; RL § 6390; NCL § 10072]—(NRS A 1981, 867; 1983, 1014; 1995, 1726; 2005, 79)
NRS 200.080 Punishment for voluntary manslaughter. A
person convicted of the crime of voluntary manslaughter is guilty of a category
B felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 10
years, and may be further punished by a fine of not more than $10,000.
[1911 C&P § 126; A 1937, 103; 1931 NCL §
10073]—(NRS A 1979,
1424; 1995,
1182)
NRS 200.090 Punishment for involuntary manslaughter. A person convicted of involuntary manslaughter
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
[1911 C&P § 126 1/2; added 1937, 103; 1931 NCL §
10073.01]—(NRS A 1967, 468; 1995, 1182)
NRS 200.110 Place of trial for homicide.
1. If the injury be inflicted in one
county, and the party die within another county, or without the State, the
accused shall be tried in the county where the act was done, or the cause of
death administered.
2. If the party killing shall be in one
county, and the party killed in another county, at the time the cause of death
shall be administered, the accused may be tried in either county.
[1911 C&P § 128; RL § 6393; NCL § 10075]
NRS 200.120 “Justifiable homicide” defined; no duty to retreat under certain
circumstances.
1. Justifiable homicide is the killing of
a human being in necessary self-defense, or in defense of habitation, property
or person, against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against any person or persons who manifestly
intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner,
to enter the habitation of another for the purpose of assaulting or offering
personal violence to any person dwelling or being therein.
2. A person is not required to retreat
before using deadly force as provided in subsection 1 if the person:
(a) Is not the original aggressor;
(b) Has a right to be present at the location
where deadly force is used; and
(c) Is not actively engaged in conduct in
furtherance of criminal activity at the time deadly force is used.
[1911 C&P § 129; RL § 6394; NCL § 10076]—(NRS A 1983, 518; 2011, 265)
NRS 200.130 Bare fear insufficient to justify killing; reasonable fear
required. A bare fear of any of
the offenses mentioned in NRS 200.120, to prevent
which the homicide is alleged to have been committed, shall not be sufficient
to justify the killing. It must appear that the circumstances were sufficient
to excite the fears of a reasonable person and that the party killing really
acted under the influence of those fears and not in a spirit of revenge.
[1911 C&P § 130; RL § 6395; NCL § 10077]
NRS 200.140 Justifiable homicide by public officer. Homicide
is justifiable when committed by a public officer, or person acting under the
command and in the aid of the public officer, in the following cases:
1. In obedience to the judgment of a
competent court.
2. When necessary to overcome actual
resistance to the execution of the legal process, mandate or order of a court
or officer, or in the discharge of a legal duty.
3. When necessary:
(a) In retaking an escaped or rescued prisoner
who has been committed, arrested for, or convicted of a felony;
(b) In attempting, by lawful ways or means, to
apprehend or arrest a person;
(c) In lawfully suppressing a riot or preserving
the peace; or
(d) In protecting against an imminent threat to
the life of a person.
[1911 C&P § 131; RL § 6396; NCL § 10078]—(NRS A
1975, 323; 1993,
931; 2013,
270)
NRS 200.150 Justifiable or excusable homicide. All
other instances which stand upon the same footing of reason and justice as
those enumerated shall be considered justifiable or excusable homicide.
[1911 C&P § 132; RL § 6397; NCL § 10079]
NRS 200.160 Additional cases of justifiable homicide. Homicide is also justifiable when committed:
1. In the lawful defense of the slayer, or
his or her husband, wife, parent, child, brother or sister, or of any other
person in his or her presence or company, when there is reasonable ground to
apprehend a design on the part of the person slain to commit a felony or to do
some great personal injury to the slayer or to any such person, and there is
imminent danger of such design being accomplished; or
2. In the actual resistance of an attempt
to commit a felony upon the slayer, in his or her presence, or upon or in a
dwelling, or other place of abode in which the slayer is.
[1911 C&P § 133; A 1931, 160; 1931 NCL §
10080]—(NRS A 1993,
932)
NRS 200.170 Burden of proving circumstances of mitigation or justifiable or
excusable homicide. The killing of
the deceased named in the indictment or information by the defendant being
proved, the burden of proving circumstances of mitigation, or that justify or
excuse the homicide, will devolve on the accused, unless the proof on the part
of the prosecution sufficiently manifests that the crime committed only amounts
to manslaughter, or that the accused was justified, or excused in committing
the homicide.
[1911 C&P § 134; A 1951, 524]
NRS 200.180 Excusable homicide by misadventure.
1. Excusable homicide by misadventure
occurs when:
(a) A person is doing a lawful act, without any
intention of killing, yet unfortunately kills another, as where a person is at
work with an ax and the head flies off and kills a bystander; or
(b) An officer punishing a criminal happens to
occasion death, which acts of correction are lawful.
2. If the officer exceeds the sentence
under which the officer acts, either in the manner, the instrument, or quantity
of punishment, and death ensues, it is manslaughter or murder, according to the
circumstances of the case.
[1911 C&P § 135; RL § 6400; NCL § 10082]—(NRS A 1985, 1399)
NRS 200.190 Justifiable or excusable homicide not punishable. The homicide appearing to be justifiable or
excusable, the person indicted shall, upon trial, be fully acquitted and
discharged.
[1911 C&P § 136; RL § 6401; NCL § 10083]
NRS 200.200 Killing in self-defense. If
a person kills another in self-defense, it must appear that:
1. The danger was so urgent and pressing
that, in order to save the person’s own life, or to prevent the person from
receiving great bodily harm, the killing of the other was absolutely necessary;
and
2. The person killed was the assailant, or
that the slayer had really, and in good faith, endeavored to decline any
further struggle before the mortal blow was given.
[1911 C&P § 137; RL § 6402; NCL § 10084]
NRS 200.210 Killing of unborn quick child; penalty. A
person who willfully kills an unborn quick child, by any injury committed upon
the mother of the child, commits manslaughter and shall be punished for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 10 years, and may be
further punished by a fine of not more than $10,000.
[1911 C&P § 138; RL § 6403; NCL § 10085]—(NRS A
1967, 468; 1979,
1425; 1995,
1182)
NRS 200.220 Taking drugs to terminate pregnancy; penalty. A woman who takes or uses, or submits to the
use of, any drug, medicine or substance, or any instrument or other means, with
the intent to terminate her pregnancy after the 24th week of pregnancy, unless
the same is performed upon herself upon the advice of a physician acting
pursuant to the provisions of NRS 442.250,
and thereby causes the death of the child of the pregnancy, commits manslaughter
and shall be punished for a category B felony by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 10 years, and may be further punished by a fine of not more than
$10,000.
[1911 C&P § 140; RL § 6405; NCL § 10087]—(NRS A
1967, 468; 1973, 1639; 1979, 1425; 1995, 1183)
NRS 200.230 Death resulting from overloading of passenger vessel; penalties. A person navigating a vessel for gain who
willfully or negligently receives so many passengers or such a quantity of
other lading on board that by means thereof the vessel sinks, is overset or
injured, and thereby a human being is drowned or otherwise killed, commits
manslaughter and shall be punished:
1. If the overloading is negligent, for a
category D felony as provided in NRS
193.130.
2. If the overloading is willful, for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 10 years, and may be
further punished by a fine of not more than $10,000.
[1911 C&P § 141; RL § 6406; NCL § 10088]—(NRS A
1967, 468; 1979,
1425; 1995,
1183)
NRS 200.240 Owner of animal that kills human being guilty of manslaughter
under certain circumstances; penalty. If
the owner or custodian of any vicious or dangerous animal, knowing its
propensities, willfully or negligently allows it to go at large, and the animal
while at large kills a human being who is not in fault, the owner or custodian
commits manslaughter and shall be punished for a category D felony as provided
in NRS 193.130.
[1911 C&P § 142; RL § 6407; NCL § 10089]—(NRS A
1967, 469; 1995,
1183)
NRS 200.260 Death resulting from unlawful manufacture or storage of
explosives; penalty. A person who
makes or keeps gunpowder or any other explosive substance in a city or town in
any quantity or manner prohibited by law or by ordinance of the municipality
commits manslaughter if an explosion thereof occurs whereby the death of a
human being is occasioned, and shall be punished for a category D felony as
provided in NRS 193.130.
[1911 C&P § 144; RL § 6409; NCL § 10091]—(NRS A
1967, 469; 1983,
120; 1995,
1183)
BODILY INJURY
NRS 200.275 Justifiable infliction or threat of bodily injury not
punishable. In addition to any
other circumstances recognized as justification at common law, the infliction
or threat of bodily injury is justifiable, and does not constitute mayhem,
battery or assault, if done under circumstances which would justify homicide.
(Added to NRS by 1983, 519)
NRS 200.278 Information required to be provided to school district of person
in secondary school who causes serious bodily injury.
1. If a court determines that a person who
is currently enrolled in a secondary school unlawfully caused or attempted to
cause serious bodily injury to another person, the court shall provide the
information specified in subsection 2 to the school district in which the
offender is currently enrolled.
2. The information required to be provided
pursuant to subsection 1 must include:
(a) The name of the offender;
(b) A description of any injury sustained by the
other person;
(c) A description of any weapon used by the
offender; and
(d) A description of any threats made by the
offender against the other person before, during or after the incident in which
the offender injured or attempted to injure the person.
(Added to NRS by 1997, 1363)
MAYHEM
NRS 200.280 Definition; penalty. Mayhem
consists of unlawfully depriving a human being of a member of his or her body,
or disfiguring or rendering it useless. If a person cuts out or disables the
tongue, puts out an eye, slits the nose, ear or lip, or disables any limb or
member of another, or voluntarily, or of purpose, puts out an eye, that person
is guilty of mayhem which is a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 10 years, and may be further punished by a
fine of not more than $10,000.
[1911 C&P § 151; RL § 6416; NCL § 10098]—(NRS A
1967, 469; 1979,
1425; 1995,
1183)
NRS 200.290 Instrument or manner of inflicting injury immaterial. To constitute mayhem it is immaterial by what
means or instrument or in what manner the injury was inflicted.
[1911 C&P § 152; RL § 6417; NCL § 10099]
NRS 200.300 Injury not resulting in permanent injury; defendant may be
convicted of assault. Whenever
upon a trial for mayhem it shall appear that the injury inflicted will not
result in any permanent disfiguration of appearance, diminution of vigor, or
other permanent injury, no conviction for maiming shall be had, but the
defendant may be convicted of assault in any degree.
[1911 C&P § 153; RL § 6418; NCL § 10100]
KIDNAPPING
NRS 200.310 Degrees.
1. A person who willfully seizes,
confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries
away a person by any means whatsoever with the intent to hold or detain, or who
holds or detains, the person for ransom, or reward, or for the purpose of
committing sexual assault, extortion or robbery upon or from the person, or for
the purpose of killing the person or inflicting substantial bodily harm upon
the person, or to exact from relatives, friends, or any other person any money
or valuable thing for the return or disposition of the kidnapped person, and a
person who leads, takes, entices, or carries away or detains any minor with the
intent to keep, imprison, or confine the minor from his or her parents,
guardians, or any other person having lawful custody of the minor, or with the
intent to hold the minor to unlawful service, or perpetrate upon the person of
the minor any unlawful act is guilty of kidnapping in the first degree which is
a category A felony.
2. A person who willfully and without
authority of law seizes, inveigles, takes, carries away or kidnaps another
person with the intent to keep the person secretly imprisoned within the State,
or for the purpose of conveying the person out of the State without authority
of law, or in any manner held to service or detained against the person’s will,
is guilty of kidnapping in the second degree which is a category B felony.
[1:165:1947; 1943 NCL § 10612.05]—(NRS A 1959, 20; 1979, 39; 1987, 495; 1995, 1184)
NRS 200.320 Kidnapping in first degree: Penalties. A
person convicted of kidnapping in the first degree is guilty of a category A
felony and shall be punished:
1. Where the kidnapped person suffers
substantial bodily harm during the act of kidnapping or the subsequent
detention and confinement or in attempted escape or escape therefrom, by
imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 15 years has been served; or
(c) For a definite term of 40 years, with
eligibility for parole beginning when a minimum of 15 years has been served.
2. Where the kidnapped person suffers no
substantial bodily harm as a result of the kidnapping, by imprisonment in the
state prison:
(a) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 5 years has been served; or
(b) For a definite term of 15 years, with
eligibility for parole beginning when a minimum of 5 years has been served.
[2:165:1947; 1943 NCL § 10612.06]—(NRS A 1967, 469;
1973, 1804; 1995,
1184)
NRS 200.330 Kidnapping in second degree: Penalties. A
person convicted of kidnapping in the second degree is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than 15 years, and
may be further punished by a fine of not more than $15,000.
[3:165:1947; 1943 NCL § 10612.07]—(NRS A 1967, 469; 1979, 1425; 1995, 1185)
NRS 200.340 Penalty for aiding or abetting.
1. A person who aids and abets kidnapping
in the first degree is guilty of a category A felony and shall be punished for
kidnapping in the first degree as provided in NRS
200.320.
2. A person who aids and abets kidnapping
in the second degree is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 15 years.
[4:165:1947; 1943 NCL § 10612.08]—(NRS A 1967, 470; 1995, 1185)
NRS 200.350 Where proceedings may be instituted; consent is not defense.
1. Any proceedings for kidnapping may be
instituted either in the county where the offense was committed or in any
county through or in which the person kidnapped or confined was taken or kept
while under confinement or restraint.
2. Upon the trial for violation of NRS 200.310 to 200.350,
inclusive, the consent thereto of the person kidnapped or confined shall not be
a defense unless it appears satisfactorily to the jury that such person was
above the age of 18 years and that the person’s consent was not extorted by
threats, duress or fraud.
[5:165:1947; 1943 NCL § 10612.09]
NRS 200.357 Law enforcement officer required to take child into protective
custody if child in danger of being removed from jurisdiction. A law enforcement officer who is conducting an
investigation or making an arrest concerning the abduction of a child shall
take the child into protective custody if the law enforcement officer
reasonably believes that the child is in danger of being removed from the
jurisdiction.
(Added to NRS by 1991, 1422)
NRS 200.359 Detention, concealment or removal of child from person having
lawful custody or from jurisdiction of court: Penalties; limitation on issuance
of arrest warrant; restitution; exceptions.
1. A person having a limited right of
custody to a child by operation of law or pursuant to an order, judgment or
decree of any court, including a judgment or decree which grants another person
rights to custody or visitation of the child, or any parent having no right of
custody to the child, who:
(a) In violation of an order, judgment or decree
of any court willfully detains, conceals or removes the child from a parent,
guardian or other person having lawful custody or a right of visitation of the
child; or
(b) In the case of an order, judgment or decree
of any court that does not specify when the right to physical custody or
visitation is to be exercised, removes the child from the jurisdiction of the
court without the consent of either the court or all persons who have the right
to custody or visitation,
Ê is guilty of
a category D felony and shall be punished as provided in NRS 193.130.
2. A parent who has joint legal custody of
a child pursuant to NRS 125.465 shall
not willfully conceal or remove the child from the custody of the other parent
with the specific intent to deprive the other parent of the parent and child
relationship. A person who violates this subsection shall be punished as
provided in subsection 1.
3. If the mother of a child has primary
physical custody pursuant to subsection 2 of NRS
126.031, the father of the child shall not willfully conceal or remove the
child from the physical custody of the mother. If the father of a child has
primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall
not willfully conceal or remove the child from the physical custody of the
father. A person who violates this subsection shall be punished as provided in
subsection 1.
4. Before an arrest warrant may be issued
for a violation of this section, the court must find that:
(a) This is the home state of the child, as
defined in NRS 125A.085; and
(b) There is cause to believe that the entry of a
court order in a civil proceeding brought pursuant to chapter 125, 125A
or 125C of NRS will not be effective to
enforce the rights of the parties and would not be in the best interests of the
child.
5. Upon conviction for a violation of this
section, the court shall order the defendant to pay restitution for any
expenses incurred in locating or recovering the child.
6. The prosecuting attorney may recommend
to the judge that the defendant be sentenced as for a misdemeanor and the judge
may impose such a sentence if the judge finds that:
(a) The defendant has no prior conviction for
this offense and the child has suffered no substantial harm as a result of the
offense; or
(b) The interests of justice require that the
defendant be punished as for a misdemeanor.
7. A person who aids or abets any other
person to violate this section shall be punished as provided in subsection 1.
8. This section does not apply to a person
who detains, conceals or removes a child to protect the child from the imminent
danger of abuse or neglect or to protect himself or herself from imminent
physical harm, and reported the detention, concealment or removal to a law
enforcement agency or an agency which provides child welfare services within 24
hours after detaining, concealing or removing the child, or as soon as the
circumstances allowed. As used in this subsection:
(a) “Abuse or neglect” has the meaning ascribed
to it in paragraph (a) of subsection 4 of NRS 200.508.
(b) “Agency which provides child welfare
services” has the meaning ascribed to it in NRS 432B.030.
(Added to NRS by 1975, 1397; A 1981, 564; 1989, 1678; 1991, 1422; 1993, 1425; 1995, 997, 1185, 1338; 2001 Special
Session, 17; 2003,
1005)
SEXUAL ASSAULT AND SEDUCTION
NRS 200.364 Definitions. As
used in NRS 200.364 to 200.3784,
inclusive, unless the context otherwise requires:
1. “Offense involving a pupil” means any
of the following offenses:
(a) Sexual conduct between certain employees of a
school or volunteers at a school and a pupil pursuant to NRS 201.540.
(b) Sexual conduct between certain employees of a
college or university and a student pursuant to NRS 201.550.
2. “Perpetrator” means a person who
commits a sexual offense, an offense involving a pupil or sex trafficking.
3. “Sex trafficking” means a violation of
subsection 2 of NRS 201.300.
4. “Sexual offense” means any of the
following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
5. “Sexual penetration” means cunnilingus,
fellatio, or any intrusion, however slight, of any part of a person’s body or
any object manipulated or inserted by a person into the genital or anal
openings of the body of another, including sexual intercourse in its ordinary
meaning.
6. “Statutory sexual seduction” means:
(a) Ordinary sexual intercourse, anal
intercourse, cunnilingus or fellatio committed by a person 18 years of age or
older with a person under the age of 16 years; or
(b) Any other sexual penetration committed by a
person 18 years of age or older with a person under the age of 16 years with
the intent of arousing, appealing to, or gratifying the lust or passions or
sexual desires of either of the persons.
7. “Victim” means a person who is a victim
of a sexual offense, an offense involving a pupil or sex trafficking.
(Added to NRS by 1977, 1626; A 1979, 572; 1991, 801; 1995, 700; 2009, 231, 1296; 2013, 2426)
NRS 200.366 Sexual assault: Definition; penalties.
1. A person who subjects another person to
sexual penetration, or who forces another person to make a sexual penetration
on himself or herself or another, or on a beast, against the will of the victim
or under conditions in which the perpetrator knows or should know that the
victim is mentally or physically incapable of resisting or understanding the
nature of his or her conduct, is guilty of sexual assault.
2. Except as otherwise provided in
subsections 3 and 4, a person who commits a sexual assault is guilty of a
category A felony and shall be punished:
(a) If substantial bodily harm to the victim
results from the actions of the defendant committed in connection with or as a
part of the sexual assault, by imprisonment in the state prison:
(1) For life without the possibility of
parole; or
(2) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 15 years has
been served.
(b) If no substantial bodily harm to the victim
results, by imprisonment in the state prison for life with the possibility of
parole, with eligibility for parole beginning when a minimum of 10 years has
been served.
3. Except as otherwise provided in
subsection 4, a person who commits a sexual assault against a child under the
age of 16 years is guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily
harm to the child, by imprisonment in the state prison for life without the
possibility of parole.
(b) Except as otherwise provided in paragraph
(c), if the crime does not result in substantial bodily harm to the child, by
imprisonment in the state prison for life with the possibility of parole, with
eligibility for parole beginning when a minimum of 25 years has been served.
(c) If the crime is committed against a child
under the age of 14 years and does not result in substantial bodily harm to the
child, by imprisonment in the state prison for life with the possibility of
parole, with eligibility for parole beginning when a minimum of 35 years has
been served.
4. A person who commits a sexual assault
against a child under the age of 16 years and who has been previously convicted
of:
(a) A sexual assault pursuant to this section or
any other sexual offense against a child; or
(b) An offense committed in another jurisdiction
that, if committed in this State, would constitute a sexual assault pursuant to
this section or any other sexual offense against a child,
Ê is guilty of
a category A felony and shall be punished by imprisonment in the state prison
for life without the possibility of parole.
5. For the purpose of this section, “other
sexual offense against a child” means any act committed by an adult upon a
child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Sado-masochistic abuse pursuant to NRS 201.262; or
(d) Luring a child using a computer, system or
network pursuant to NRS 201.560, if
punished as a felony.
(Added to NRS by 1977, 1626; A 1991, 612; 1995, 1186; 1997, 1179, 1719; 1999, 431; 2003, 2825; 2005, 2874; 2007, 3255)
NRS 200.368 Statutory sexual seduction: Penalties. Except
under circumstances where a greater penalty is provided in NRS 201.540, a person who commits
statutory sexual seduction shall be punished:
1. If the person is 21 years of age or
older, for a category C felony as provided in NRS 193.130.
2. If the person is under the age of 21
years, for a gross misdemeanor.
(Added to NRS by 1977, 1627; A 1979, 1426; 1995, 1187; 2001, 703)
NRS 200.373 Sexual assault of spouse by spouse. It
is no defense to a charge of sexual assault that the perpetrator was, at the
time of the assault, married to the victim, if the assault was committed by
force or by the threat of force.
(Added to NRS by 1967, 470; A 1975, 1141; 1977, 1628; 1987, 1165)
NRS 200.377 Victims of certain sexual offenses: Legislative findings and
declarations. The Legislature
finds and declares that:
1. This State has a compelling interest in
assuring that the victim of a sexual offense, an offense involving a pupil or
sex trafficking:
(a) Reports the sexual offense, offense involving
a pupil or sex trafficking to the appropriate authorities;
(b) Cooperates in the investigation and
prosecution of the sexual offense, offense involving a pupil or sex
trafficking; and
(c) Testifies at the criminal trial of the person
charged with committing the sexual offense, offense involving a pupil or sex
trafficking.
2. The fear of public identification and
invasion of privacy are fundamental concerns for the victims of sexual
offenses, offenses involving a pupil or sex trafficking. If these concerns are
not addressed and the victims are left unprotected, the victims may refrain
from reporting and prosecuting sexual offenses, offenses involving a pupil or
sex trafficking.
3. A victim of a sexual offense, an
offense involving a pupil or sex trafficking may be harassed, intimidated and
psychologically harmed by a public report that identifies the victim. A sexual
offense, an offense involving a pupil or sex trafficking is, in many ways, a unique,
distinctive and intrusive personal trauma. The consequences of identification
are often additional psychological trauma and the public disclosure of private
personal experiences.
4. Recent public criminal trials have
focused attention on these issues and have dramatized the need for basic
protections for the victims of sexual offenses, offenses involving a pupil or
sex trafficking.
5. The public has no overriding need to
know the individual identity of the victim of a sexual offense, an offense
involving a pupil or sex trafficking.
6. The purpose of NRS
200.3771 to 200.3774, inclusive, is to protect
the victims of sexual offenses, offenses involving a pupil or sex trafficking
from harassment, intimidation, psychological trauma and the unwarranted
invasion of their privacy by prohibiting the disclosure of their identities to
the public.
(Added to NRS by 1993, 2475; A 2009, 1296;
2013, 2427)
NRS 200.3771 Victims of certain sexual offenses: Confidentiality of records
and reports that reveal identity; when disclosure permitted; penalty.
1. Except as otherwise provided in this
section, any information which is contained in:
(a) Court records, including testimony from
witnesses;
(b) Intelligence or investigative data, reports
of crime or incidents of criminal activity or other information;
(c) Records of criminal history, as that term is
defined in NRS 179A.070; and
(d) Records in the Central Repository for Nevada
Records of Criminal History,
Ê that reveals
the identity of a victim of a sexual offense, an offense involving a pupil or
sex trafficking is confidential, including but not limited to the victim’s
photograph, likeness, name, address or telephone number.
2. A defendant charged with a sexual
offense, an offense involving a pupil or sex trafficking and the defendant’s
attorney are entitled to all identifying information concerning the victim in
order to prepare the defense of the defendant. The defendant and the
defendant’s attorney shall not disclose this information except, as necessary,
to those persons directly involved in the preparation of the defense.
3. A court of competent jurisdiction may
authorize the release of the identifying information, upon application, if the
court determines that:
(a) The person making the application has
demonstrated to the satisfaction of the court that good cause exists for the
disclosure;
(b) The disclosure will not place the victim at
risk of personal harm; and
(c) Reasonable notice of the application and an
opportunity to be heard have been given to the victim.
4. Nothing in this section prohibits:
(a) Any publication or broadcast by the media
concerning a sexual offense, an offense involving a pupil or sex trafficking.
(b) The disclosure of identifying information to
any nonprofit organization or public agency whose purpose is to provide
counseling, services for the management of crises or other assistance to the
victims of crimes if:
(1) The organization or agency needs
identifying information of victims to offer such services; and
(2) The court or a law enforcement agency
approves the organization or agency for the receipt of the identifying
information.
5. The willful violation of any provision
of this section or the willful neglect or refusal to obey any court order made
pursuant thereto is punishable as criminal contempt.
(Added to NRS by 1993, 2476; A 2009, 1297;
2013, 2427)
NRS 200.3772 Victims of certain sexual offenses: Procedure for substituting
pseudonym for name on files, records and reports; actual identity confidential;
when disclosure required; immunity for unintentional disclosure.
1. A victim of a sexual offense, an
offense involving a pupil or sex trafficking may choose a pseudonym to be used
instead of the victim’s name on all files, records and documents pertaining to
the sexual offense, offense involving a pupil or sex trafficking, including,
without limitation, criminal intelligence and investigative reports, court
records and media releases.
2. A victim who chooses to use a pseudonym
shall file a form to choose a pseudonym with the law enforcement agency
investigating the sexual offense, offense involving a pupil or sex trafficking.
The form must be provided by the law enforcement agency.
3. If the victim files a form to use a
pseudonym, as soon as practicable the law enforcement agency shall make a good
faith effort to:
(a) Substitute the pseudonym for the name of the
victim on all reports, files and records in the agency’s possession; and
(b) Notify the prosecuting attorney of the
pseudonym.
Ê The law
enforcement agency shall maintain the form in a manner that protects the
confidentiality of the information contained therein.
4. Upon notification that a victim has
elected to be designated by a pseudonym, the court shall ensure that the victim
is designated by the pseudonym in all legal proceedings concerning the sexual
offense, offense involving a pupil or sex trafficking.
5. The information contained on the form
to choose a pseudonym concerning the actual identity of the victim is
confidential and must not be disclosed to any person other than the defendant
or the defendant’s attorney unless a court of competent jurisdiction orders the
disclosure of the information. The disclosure of information to a defendant or
the defendant’s attorney is subject to the conditions and restrictions
specified in subsection 2 of NRS 200.3771. A
person who violates this subsection is guilty of a misdemeanor.
6. A court of competent jurisdiction may
order the disclosure of the information contained on the form only if it finds
that the information is essential in the trial of the defendant accused of the
sexual offense, offense involving a pupil or sex trafficking, or the identity
of the victim is at issue.
7. A law enforcement agency that complies
with the requirements of this section is immune from civil liability for
unknowingly or unintentionally:
(a) Disclosing any information contained on the
form filed by a victim pursuant to this section that reveals the identity of
the victim; or
(b) Failing to substitute the pseudonym of the
victim for the name of the victim on all reports, files and records in the
agency’s possession.
(Added to NRS by 1993, 2477; A 2009, 1298;
2013, 2428)
NRS 200.3773 Victims of certain sexual offenses: Public officer or employee
prohibited from disclosing identity; exceptions; penalty.
1. A public officer or employee who has
access to any records, files or other documents which include the photograph,
likeness, name, address, telephone number or other fact or information that
reveals the identity of a victim of a sexual offense, an offense involving a
pupil or sex trafficking shall not intentionally or knowingly disclose the
identifying information to any person other than:
(a) The defendant or the defendant’s attorney;
(b) A person who is directly involved in the
investigation, prosecution or defense of the case;
(c) A person specifically named in a court order
issued pursuant to NRS 200.3771; or
(d) A nonprofit organization or public agency
approved to receive the information pursuant to NRS
200.3771.
2. A person who violates the provisions of
subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1993, 2477; A 2009, 1298;
2013, 2429)
NRS 200.3774 Victims of certain sexual offenses: Effect of waiver of
confidentiality. The provisions of
NRS 200.3771, 200.3772
and 200.3773 do not apply if the victim of the
sexual offense, offense involving a pupil or sex trafficking voluntarily
waives, in writing, the confidentiality of the information concerning the
victim’s identity.
(Added to NRS by 1993, 2478; A 2009, 1299;
2013, 2429)
NRS 200.378 Court may impose temporary or extended order to restrict conduct
of alleged perpetrator, defendant or convicted person; penalty for violation of
order; dissemination of order; notice provided in order.
1. In addition to any other remedy
provided by law, a person who reasonably believes that the crime of sexual
assault has been committed against him or her by another person may petition
any court of competent jurisdiction for a temporary or extended order directing
the person who allegedly committed the sexual assault to:
(a) Stay away from the home, school, business or
place of employment of the victim of the alleged sexual assault and any other
location specifically named by the court.
(b) Refrain from contacting, intimidating,
threatening or otherwise interfering with the victim of the alleged sexual
assault and any other person named in the order, including, without limitation,
a member of the family or the household of the victim of the alleged sexual
assault.
(c) Comply with any other restriction which the
court deems necessary to protect the victim of the alleged sexual assault or to
protect any other person named in the order, including, without limitation, a
member of the family or the household of the victim of the alleged sexual
assault.
2. If a defendant charged with a crime
involving sexual assault is released from custody before trial or is found
guilty at the trial, the court may issue a temporary or extended order or
provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or
place of employment of the victim of the alleged sexual assault and any other
location specifically named by the court.
(b) Refrain from contacting, intimidating,
threatening or otherwise interfering with the victim of the alleged sexual
assault and any other person named in the order, including, without limitation,
a member of the family or the household of the victim of the alleged sexual
assault.
(c) Comply with any other restriction which the
court deems necessary to protect the victim of the alleged sexual assault or to
protect any other person named in the order, including, without limitation, a
member of the family or the household of the victim of the alleged sexual
assault.
3. A temporary order may be granted with
or without notice to the adverse party. An extended order may be granted only
after:
(a) Notice of the petition for the order and of
the hearing thereon is served upon the adverse party pursuant to the Nevada
Rules of Civil Procedure; and
(b) A hearing is held on the petition.
4. If an extended order is issued by a
justice court, an interlocutory appeal lies to the district court, which may
affirm, modify or vacate the order in question. The appeal may be taken without
bond, but its taking does not stay the effect or enforcement of the order.
5. Unless a more severe penalty is
prescribed by law for the act that constitutes the violation of the order, any
person who intentionally violates:
(a) A temporary order is guilty of a gross
misdemeanor.
(b) An extended order is guilty of a category C
felony and shall be punished as provided in NRS
193.130.
6. Any court order issued pursuant to this
section must:
(a) Be in writing;
(b) Be personally served on the person to whom it
is directed; and
(c) Contain the warning that violation of the
order:
(1) Subjects the person to immediate
arrest.
(2) Is a gross misdemeanor if the order is
a temporary order.
(3) Is a category C felony if the order is
an extended order.
7. A temporary or extended order issued
pursuant to this section must provide notice that a person who is arrested for
violating the order will not be admitted to bail sooner than 12 hours after the
arrest if:
(a) The arresting officer determines that such a
violation is accompanied by a direct or indirect threat of harm;
(b) The person has previously violated a
temporary or extended order for protection; or
(c) At the time of the violation or within 2
hours after the violation, the person has:
(1) A concentration of alcohol of 0.08 or
more in his or her blood or breath; or
(2) An amount of a prohibited substance in
his or her blood or urine that is equal to or greater than the amount set forth
in subsection 3 of NRS 484C.110.
(Added to NRS by 2009, 228)
NRS 200.3781 Petitioner for order: Deferment of costs and fees; free
information concerning order; no fee for serving order.
1. The payment of all costs and official
fees must be deferred for any person who petitions a court for a temporary or
extended order pursuant to NRS 200.378. After any
hearing and not later than final disposition of such an application or order,
the court shall assess the costs and fees against the adverse party, except
that the court may reduce them or waive them, as justice may require.
2. The clerk of the court shall provide a
person who petitions the court for a temporary or extended order pursuant to NRS 200.378 and the adverse party, free of cost, with
information about the:
(a) Availability of temporary and extended orders
pursuant to NRS 200.378;
(b) Procedure for filing an application for such
an order; and
(c) Right to proceed without legal counsel.
3. A person who obtains an order pursuant
to NRS 200.378 must not be charged any fee to have
the order served in this State.
(Added to NRS by 2009, 230)
NRS 200.3782 Duration of orders; dissolution or modification of temporary
order.
1. A temporary order issued pursuant to NRS 200.378 expires within such time, not to exceed 30
days, as the court fixes. If a petition for an extended order is filed within
the period of a temporary order, the temporary order remains in effect until
the hearing on the extended order is held.
2. On 2 days’ notice to the party who
obtained the temporary order, the adverse party may appear and move its
dissolution or modification, and in that event, the court shall proceed to hear
and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such
time, not to exceed 1 year, as the court fixes. A temporary order may be
converted by the court, upon notice to the adverse party and a hearing, into an
extended order effective for not more than 1 year.
(Added to NRS by 2009, 230)
NRS 200.3783 Order to be transmitted to law enforcement agencies;
enforcement.
1. Each court that issues an order
pursuant to NRS 200.378 shall transmit, as soon as
practicable, a copy of the order to all law enforcement agencies within its
jurisdiction. The copy must include a notation of the date on which the order
was personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may
arrest and take into custody a person when the peace officer has probable cause
to believe that:
(a) An order has been issued pursuant to NRS 200.378 to the person to be arrested;
(b) The person to be arrested has been served
with a copy of the order; and
(c) The person to be arrested is acting in
violation of the order.
3. Any law enforcement agency in this
State may enforce a court order issued pursuant to NRS
200.378.
(Added to NRS by 2009, 230)
NRS 200.3784 Victim to be given certain information and documents concerning
case; clerk to keep record of order or condition restricting conduct of
defendant.
1. The prosecuting attorney in any trial
brought against a person on a charge of sexual assault shall inform the alleged
victim of the final disposition of the case.
2. If the defendant is found guilty and
the court issues an order or provides a condition of the sentence restricting
the ability of the defendant to have contact with the victim or witnesses, the
clerk of the court shall:
(a) Keep a record of the order or condition of
the sentence; and
(b) Provide a certified copy of the order or
condition of the sentence to the victim and other persons named in the order.
(Added to NRS by 2009, 230)
ROBBERY
NRS 200.380 Definition; penalty.
1. Robbery is the unlawful taking of
personal property from the person of another, or in the person’s presence,
against his or her will, by means of force or violence or fear of injury,
immediate or future, to his or her person or property, or the person or
property of a member of his or her family, or of anyone in his or her company
at the time of the robbery. A taking is by means of force or fear if force or
fear is used to:
(a) Obtain or retain possession of the property;
(b) Prevent or overcome resistance to the taking;
or
(c) Facilitate escape.
Ê The degree
of force used is immaterial if it is used to compel acquiescence to the taking
of or escaping with the property. A taking constitutes robbery whenever it
appears that, although the taking was fully completed without the knowledge of
the person from whom taken, such knowledge was prevented by the use of force or
fear.
2. A person who commits robbery is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of not
more than 15 years.
[1911 C&P § 162; RL § 6427; NCL § 10109]—(NRS A
1961, 53; 1967, 470; 1993, 253; 1995, 1187)
ATTEMPTS TO KILL
NRS 200.390 Administration of poison: Penalty. A
person who willfully and maliciously administers or causes to be administered
to or taken by a person, any poison, or other noxious or destructive substance
or liquid, with the intention to cause the death of the person, and being
thereof duly convicted, is guilty of a category A felony and shall be punished
by imprisonment in the state prison:
1. For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 5 years has
been served; or
2. For a definite term of 15 years, with
eligibility for parole beginning when a minimum of 5 years has been served.
[1911 C&P § 139; RL § 6404; NCL § 10086]—(NRS A
1967, 471; 1995,
1188)
BATTERY WITH INTENT TO COMMIT A CRIME
NRS 200.400 Definition; penalties.
1. As used in this section:
(a) “Battery” means any willful and unlawful use
of force or violence upon the person of another.
(b) “Strangulation” has the meaning ascribed to
it in NRS 200.481.
2. A person who is convicted of battery
with the intent to commit mayhem, robbery or grand larceny is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 10
years, and may be further punished by a fine of not more than $10,000.
3. A person who is convicted of battery
with the intent to kill is guilty of a category B felony and shall be punished
by imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 20 years.
4. A person who is convicted of battery
with the intent to commit sexual assault shall be punished:
(a) If the crime results in substantial bodily
harm to the victim or is committed by strangulation, for a category A felony by
imprisonment in the state prison:
(1) For life without the possibility of
parole; or
(2) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 10 years has
been served,
Ê as
determined by the verdict of the jury, or the judgment of the court if there is
no jury.
(b) If the crime does not result in substantial
bodily harm to the victim and the victim is 16 years of age or older, for a
category A felony by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of life with the possibility of parole.
(c) If the crime does not result in substantial
bodily harm to the victim and the victim is a child under the age of 16, for a
category A felony by imprisonment in the state prison for a minimum term of not
less than 5 years and a maximum term of life with the possibility of parole.
Ê In addition
to any other penalty, a person convicted pursuant to this subsection may be
punished by a fine of not more than $10,000.
[1911 C&P § 148; RL § 6413; NCL § 10095]—(NRS A 1967,
471; 1971, 1385; 1973, 1805; 1977, 1628; 1979, 1426; 1981, 903; 1985, 247; 1991, 123; 1995, 1188; 2005, 2875; 2009, 87)
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
NRS 200.405 Administration of drug to aid commission of felony: Penalty. Unless a greater penalty is provided in NRS 200.408, a person who administers to another
person any chloroform, ether, laudanum, or any controlled substance,
anesthetic, or intoxicating or emetic agent, with the intent thereby to enable
or assist himself or herself or any other person to commit a felony, is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 10 years.
(Added to NRS by 1987, 1624; A 1995, 1189; 1997, 903)
NRS 200.408 Administration of controlled substance to aid commission of
crime of violence: Penalty; definitions.
1. A person who causes to be administered
to another person any controlled substance without that person’s knowledge and
with the intent thereby to enable or assist himself or herself or any other
person to commit a crime of violence against that person or the property of
that person, is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 20 years.
2. As used in this section:
(a) “Controlled substance” includes flunitrazepam
and gamma-hydroxybutyrate and each substance for which flunitrazepam or
gamma-hydroxybutyrate is an immediate precursor as defined in NRS 453.086.
(b) “Crime of violence” means:
(1) Any offense involving the use or
threatened use of force or violence against the person or property of another;
or
(2) Any felony for which there is a
substantial risk that force or violence may be used against the person or
property of another in the commission of the felony.
(c) “Without a person’s knowledge” means the
person is unaware that a substance that can alter the person’s ability to
appraise conduct or to decline participation in or communicate an unwillingness
to participate in conduct has been administered to the person.
(Added to NRS by 1997, 902)
DUELS AND CHALLENGES
NRS 200.410 Death resulting from duel; penalty. If
a person fights, by previous appointment or agreement, a duel with a rifle,
shotgun, pistol, bowie knife, dirk, smallsword, backsword or other dangerous
weapon, and in so doing kills his or her antagonist, or any person, or inflicts
such a wound that the party or parties injured die thereof, each such offender
is guilty of murder in the first degree, which is a category A felony, and upon
conviction thereof shall be punished as provided in subsection 4 of NRS 200.030.
[1911 C&P § 157; RL § 6422; NCL § 10104]—(NRS A
1959, 10; 1995,
1189; 1999, 2)
NRS 200.430 Incriminating testimony; witness’s privilege. Any person who is present at the time of
fighting any duel with deadly weapons, as second, aid, surgeon or spectator, or
who advises or gives assistance to such a duel, is a competent witness against
any person offending against any of the provisions of NRS
200.410 and may be compelled to appear and give evidence before any justice
of the peace, grand jury or court, in the same manner as other witnesses; but
the testimony so given may not be used in any prosecution or proceeding, civil
or criminal, against the person so testifying.
[1911 C&P § 159; RL § 6424; NCL § 10106]—(NRS A 1979, 1426)
NRS 200.440 Posting for not fighting; use of contemptuous language. If any person posts another, or in writing,
print or orally uses any reproachable or contemptuous language to or concerning
another, for not fighting a duel, or for not sending or accepting a challenge,
the person is guilty of a gross misdemeanor.
[1911 C&P § 160; RL § 6425; NCL § 10107]—(NRS A
1959, 10; 1967, 471)
NRS 200.450 Challenges to fight; penalties.
1. If a person, upon previous concert and
agreement, fights with any other person or gives, sends or authorizes any other
person to give or send a challenge verbally or in writing to fight any other
person, the person giving, sending or accepting the challenge to fight any
other person shall be punished:
(a) If the fight does not involve the use of a
deadly weapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly
weapon, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 6
years, and may be further punished by a fine of not more than $5,000.
2. A person who acts for another in
giving, sending, or accepting, either verbally or in writing, a challenge to
fight any other person shall be punished:
(a) If the fight does not involve the use of a
deadly weapon, for a gross misdemeanor; or
(b) If the fight involves the use of a deadly
weapon, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 6
years, and may be further punished by a fine of not more than $5,000.
3. Should death ensue to a person in such
a fight, or should a person die from any injuries received in such a fight, the
person causing or having any agency in causing the death, either by fighting or
by giving or sending for himself or herself or for any other person, or in
receiving for himself or herself or for any other person, the challenge to
fight, is guilty of murder in the first degree which is a category A felony and
shall be punished as provided in subsection 4 of NRS
200.030.
[1911 C&P § 161; RL § 6426; NCL § 10108]—(NRS A
1967, 472; 1977,
884; 1979,
1426; 1995,
1189; 1999, 2)
FALSE IMPRISONMENT
NRS 200.460 Definition; penalties.
1. False imprisonment is an unlawful
violation of the personal liberty of another, and consists in confinement or
detention without sufficient legal authority.
2. A person convicted of false imprisonment
shall pay all damages sustained by the person so imprisoned, and, except as
otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided
pursuant to subsection 4, if the false imprisonment is committed:
(a) By a prisoner in a penal institution without
a deadly weapon; or
(b) By any other person with the use of a deadly
weapon,
Ê the person
convicted of such a false imprisonment is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided
pursuant to subsection 5, if the false imprisonment is committed by using the
person so imprisoned as a shield or to avoid arrest, the person convicted of
such a false imprisonment is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed
by a prisoner who is in lawful custody or confinement with the use of a deadly
weapon, the person convicted of such a false imprisonment is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 20
years.
[1911 C&P § 175; RL § 6440; NCL § 10122]—(NRS A
1967, 472; 1981,
614; 1995,
1190; 2003,
387)
INVOLUNTARY SERVITUDE; PURCHASE OR SALE OF PERSON
NRS 200.463 Involuntary servitude; penalties.
1. A person who knowingly subjects, or
attempts to subject, another person to forced labor or services by:
(a) Causing or threatening to cause physical harm
to any person;
(b) Physically restraining or threatening to
physically restrain any person;
(c) Abusing or threatening to abuse the law or
legal process;
(d) Knowingly destroying, concealing, removing,
confiscating or possessing any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of the person;
(e) Extortion; or
(f) Causing or threatening to cause financial
harm to any person,
Ê is guilty of
holding a person in involuntary servitude.
2. Unless a greater penalty is provided in
NRS 200.4631, a person who is found guilty of
holding a person in involuntary servitude is guilty of a category B felony and
shall be punished:
(a) Where the victim suffers substantial bodily
harm while held in involuntary servitude or in attempted escape or escape
therefrom, by imprisonment in the state prison for a minimum term of not less
than 7 years and a maximum term of not more than 20 years, and may be further
punished by a fine of not more than $50,000.
(b) Where the victim suffers no substantial
bodily harm as a result of being held in involuntary servitude, by imprisonment
in the state prison for a minimum term of not less than 5 years and a maximum
term of not more than 20 years, and may be further punished by a fine of not
more than $50,000.
(Added to NRS by 2005, 87; A 2013, 1853)
NRS 200.4631 Involuntary servitude of minors; penalties.
1. A person who has physical custody of a
minor, allows a minor to reside in his or her residence, is in a position of
authority over a minor or provides care for any length of time to a minor and
who knowingly:
(a) Obtains labor or services from the minor by
causing or threatening to cause serious harm to the minor or by engaging in a
pattern of conduct that results in physical injury to the minor, sexual abuse
of the minor or sexual assault of the minor pursuant to NRS
200.366; or
(b) Benefits, financially or by receiving
anything of value other than sexual gratification from the labor or services
obtained by the conduct specified in paragraph (a),
Ê is guilty of
holding a minor in involuntary servitude.
2. A person who is found guilty of holding
a minor in involuntary servitude is guilty of a category A felony and shall be
punished by imprisonment in the state prison for life with the possibility of
parole, with eligibility for parole beginning when a minimum of 15 years has
been served, and may be further punished by a fine of at least $50,000.
3. Consent of the victim to the
performance of any labor or services is not a valid defense to a prosecution
conducted pursuant to this section.
4. Nothing in this section shall be
construed to prohibit a parent or guardian of a child from requiring his or her
child to perform common household chores under the threat of the reasonable
exercise of discipline by the parent or guardian of the child.
5. For the purposes of this section:
(a) “Physical injury” includes, without
limitation:
(1) A sprain or dislocation;
(2) Damage to cartilage;
(3) A fracture of a bone or the skull;
(4) An injury causing an intracranial
hemorrhage or injury to another internal organ;
(5) Permanent or temporary disfigurement,
including, without limitation, a burn, scalding, cut, laceration, puncture or
bite; or
(6) Permanent or temporary loss or
impairment of a part or organ of the body.
(b) “Serious harm” means any harm, whether
physical or nonphysical, including, without limitation, psychological,
financial or reputational harm, that is sufficiently serious, under the
circumstances, to compel a reasonable person of the same background and in the
same circumstances as the victim to perform or to continue to provide labor or
services to avoid incurring that harm.
(c) “Sexual abuse” includes acts upon a child
constituting:
(1) Lewdness with a child pursuant to NRS 201.230;
(2) Sado-masochistic abuse pursuant to NRS 201.262;
(3) Sexual assault pursuant to NRS 200.366;
(4) Open or gross lewdness pursuant to NRS 201.210; and
(5) Mutilation of the genitalia of a
female child, aiding, abetting, encouraging or participating in the mutilation
of the genitalia of a female child, or removal of a female child from this
State for the purpose of mutilating the genitalia of the child pursuant to NRS 200.5083.
(Added to NRS by 2013, 1852)
NRS 200.464 Recruiting, enticing, harboring, transporting, providing or
obtaining another person to be held in involuntary servitude; benefiting from
another person being held in involuntary servitude; penalty. Unless a greater penalty is provided pursuant
to NRS 200.4631 or 200.468,
a person who knowingly:
1. Recruits, entices, harbors, transports,
provides or obtains by any means, or attempts to recruit, entice, harbor,
transport, provide or obtain by any means, another person, intending or knowing
that the person will be held in involuntary servitude; or
2. Benefits, financially or by receiving
anything of value, from participating in a violation of NRS
200.463 or 200.4631,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term of not more than
15 years, and may be further punished by a fine of not more than $50,000.
(Added to NRS by 2005, 88; A 2007, 1268; 2013, 1854)
NRS 200.465 Assuming rights of ownership over another person; purchase or
sale of person; penalty. A person
who:
1. Assumes or attempts to assume rights of
ownership over another person;
2. Sells or attempts to sell a person to
another;
3. Receives money or anything of value in
consideration of placing a person in the custody or under the control of
another;
4. Buys or attempts to buy a person;
5. Except as otherwise provided in chapter 127 of NRS, pays money or delivers
anything of value to another in consideration of having a person placed in his
or her custody or under his or her power or control; or
6. Knowingly aids or assists in any manner
a person who violates any provision of this section,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 5 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $50,000.
(Added to NRS by 1989, 1186; A 1995, 1190; 2005, 88)
NRS 200.466 Power of court to order restitution for violation of NRS
200.463, 200.464 or 200.465.
1. In addition to any other penalty, the
court may order a person convicted of a violation of any provision of NRS 200.463, 200.464 or 200.465 to pay restitution to the victim as provided
in subsection 2.
2. Restitution ordered pursuant to this
section may include, without limitation:
(a) The cost of medical and psychological
treatment, including, without limitation, physical and occupational therapy and
rehabilitation;
(b) The cost of transportation, temporary housing
and child care;
(c) The return of property, the cost of repairing
damaged property or the full value of the property if it is destroyed or
damaged beyond repair;
(d) Expenses incurred by a victim in relocating
away from the defendant or his or her associates, if the expenses are verified
by law enforcement to be necessary for the personal safety of the victim;
(e) The cost of repatriation of the victim to his
or her home country, if applicable; and
(f) Any and all other losses suffered by the
victim as a result of the violation of any provision of NRS
200.463, 200.464 or 200.465.
3. The return of the victim to his or her
home country or other absence of the victim from the jurisdiction does not
prevent the victim from receiving restitution.
4. As used in this section, “victim” means
any person:
(a) Against whom a violation of any provision of NRS 200.463, 200.464 or 200.465 has been committed; or
(b) Who is the surviving child of such a person.
(Added to NRS by 2013, 2425)
TRAFFICKING IN PERSONS
NRS 200.467 Trafficking in persons for financial gain; penalties.
1. A person shall not transport, procure
transportation for or assist in the transportation of or procurement of
transportation for another person into the State of Nevada who the person knows
or has reason to know does not have the legal right to enter or remain in the
United States in exchange for money or other financial gain.
2. A person who violates the provisions of
subsection 1 is guilty of trafficking in persons and, unless a greater penalty
is provided pursuant to NRS 200.464 or 200.468, shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 10 years, and may be further punished by a fine
of not more than $50,000.
(Added to NRS by 2007, 1267)
NRS 200.468 Trafficking in persons for illegal purposes; penalty.
1. A person shall not transport, procure
transportation for or assist in the transportation of or procurement of
transportation for another person into the State of Nevada whom the person
knows or has reason to know does not have the legal right to enter or remain in
the United States with the intent to:
(a) Subject the person to involuntary servitude
or any other act prohibited pursuant to NRS 200.463,
200.4631 or 200.465;
(b) Violate any state or federal labor law,
including, without limitation, 8 U.S.C. § 1324a; or
(c) Commit any other crime which is punishable by
not less than 1 year imprisonment in the state prison.
2. A person who violates the provisions of
subsection 1 is guilty of trafficking in persons for illegal purposes and shall
be punished for a category B felony by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 20
years, and may be further punished by a fine of not more than $50,000.
(Added to NRS by 2007, 1267; A 2013, 1854)
NRS 200.469 Power of court to order restitution for violation of NRS
200.467 or 200.468.
1. In addition to any other penalty, the
court may order a person convicted of violation of any provision of NRS 200.467 or 200.468 to
pay restitution to the victim as provided in subsection 2.
2. Restitution ordered pursuant to this
section may include, without limitation:
(a) The cost of medical and psychological
treatment, including, without limitation, physical and occupational therapy and
rehabilitation;
(b) The cost of transportation, temporary housing
and child care;
(c) The return of property, the cost of repairing
damaged property or the full value of the property if it is destroyed or
damaged beyond repair;
(d) Expenses incurred by a victim in relocating
away from the defendant or his or her associates, if the expenses are verified
by law enforcement to be necessary for the personal safety of the victim;
(e) The cost of repatriation of the victim to his
or her home country, if applicable; and
(f) Any and all other losses suffered by the
victim as a result of the violation of any provision of NRS
200.467 or 200.468.
3. The return of the victim to his or her
home country or other absence of the victim from the jurisdiction does not
prevent the victim from receiving restitution.
4. As used in this section, “victim” means
any person:
(a) Against whom a violation of any provision of NRS 200.467 or 200.468 has
been committed; or
(b) Who is the surviving child of such a person.
(Added to NRS by 2013, 2426)
ASSAULT AND BATTERY
NRS 200.471 Assault: Definitions; penalties.
1. As used in this section:
(a) “Assault” means:
(1) Unlawfully attempting to use physical
force against another person; or
(2) Intentionally placing another person
in reasonable apprehension of immediate bodily harm.
(b) “Officer” means:
(1) A person who possesses some or all of
the powers of a peace officer;
(2) A person employed in a full-time
salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire
department;
(4) A jailer, guard or other correctional
officer of a city or county jail;
(5) A justice of the Supreme Court, judge
of the Court of Appeals, district judge, justice of the peace, municipal judge,
magistrate, court commissioner, master or referee, including a person acting
pro tempore in a capacity listed in this subparagraph; or
(6) An employee of the State or a
political subdivision of the State whose official duties require the employee
to make home visits.
(c) “Provider of health care” means a physician,
a medical student, a perfusionist or a physician assistant licensed pursuant to
chapter 630 of NRS, a practitioner of
respiratory care, a homeopathic physician, an advanced practitioner of
homeopathy, a homeopathic assistant, an osteopathic physician, a physician
assistant licensed pursuant to chapter 633 of
NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a
medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s
assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified
nursing assistant, a nursing assistant trainee, a medication aide - certified,
a dentist, a dental student, a dental hygienist, a dental hygienist student, a
pharmacist, a pharmacy student, an intern pharmacist, an attendant on an
ambulance or air ambulance, a psychologist, a social worker, a marriage and
family therapist, a marriage and family therapist intern, a clinical
professional counselor, a clinical professional counselor intern, a licensed
dietitian, an emergency medical technician, an advanced emergency medical
technician and a paramedic.
(d) “School employee” means a licensed or
unlicensed person employed by a board of trustees of a school district pursuant
to NRS 391.100.
(e) “Sporting event” has the meaning ascribed to
it in NRS 41.630.
(f) “Sports official” has the meaning ascribed to
it in NRS 41.630.
(g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(h) “Taxicab driver” means a person who operates
a taxicab.
(i) “Transit operator” means a person who
operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall
be punished:
(a) If paragraph (c) or (d) does not apply to the
circumstances of the crime and the assault is not made with the use of a deadly
weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a
deadly weapon or the present ability to use a deadly weapon, for a category B felony
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the
circumstances of the crime and if the assault is committed upon an officer, a
provider of health care, a school employee, a taxicab driver or a transit
operator who is performing his or her duty or upon a sports official based on
the performance of his or her duties at a sporting event and the person charged
knew or should have known that the victim was an officer, a provider of health
care, a school employee, a taxicab driver, a transit operator or a sports
official, for a gross misdemeanor, unless the assault is made with the use of a
deadly weapon or the present ability to use a deadly weapon, then for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 6 years, or by a fine of
not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer,
a provider of health care, a school employee, a taxicab driver or a transit
operator who is performing his or her duty or upon a sports official based on
the performance of his or her duties at a sporting event by a probationer, a
prisoner who is in lawful custody or confinement or a parolee, and the
probationer, prisoner or parolee charged knew or should have known that the
victim was an officer, a provider of health care, a school employee, a taxicab
driver, a transit operator or a sports official, for a category D felony as
provided in NRS 193.130, unless the
assault is made with the use of a deadly weapon or the present ability to use a
deadly weapon, then for a category B felony by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term of not more than
6 years, or by a fine of not more than $5,000, or by both fine and
imprisonment.
(Added to NRS by 1971, 1384; A 1981, 903; 1985, 248; 1989, 1010; 1991, 124, 774; 1995, 21, 1190, 1321; 1997, 434; 1999, 140; 2001, 380, 986, 987; 2003, 354; 2005, 176; 2007, 1848, 3078; 2009, 74, 2991; 2011, 1336,
1513; 2013, 292, 952, 1763)
NRS 200.481 Battery: Definitions; penalties.
1. As used in this section:
(a) “Battery” means any willful and unlawful use
of force or violence upon the person of another.
(b) “Child” means a person less than 18 years of
age.
(c) “Officer” means:
(1) A person who possesses some or all of
the powers of a peace officer;
(2) A person employed in a full-time
salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire
department;
(4) A jailer, guard, matron or other
correctional officer of a city or county jail or detention facility;
(5) A justice of the Supreme Court, judge
of the Court of Appeals, district judge, justice of the peace, municipal judge,
magistrate, court commissioner, master or referee, including, without
limitation, a person acting pro tempore in a capacity listed in this
subparagraph; or
(6) An employee of the State or a
political subdivision of the State whose official duties require the employee
to make home visits.
(d) “Provider of health care” has the meaning
ascribed to it in NRS 200.471.
(e) “School employee” means a licensed or
unlicensed person employed by a board of trustees of a school district pursuant
to NRS 391.100.
(f) “Sporting event” has the meaning ascribed to
it in NRS 41.630.
(g) “Sports official” has the meaning ascribed to
it in NRS 41.630.
(h) “Strangulation” means intentionally impeding
the normal breathing or circulation of the blood by applying pressure on the
throat or neck or by blocking the nose or mouth of another person in a manner
that creates a risk of death or substantial bodily harm.
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(j) “Taxicab driver” means a person who operates
a taxicab.
(k) “Transit operator” means a person who
operates a bus or other vehicle as part of a public mass transportation system.
2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other
than a battery committed by an adult upon a child which constitutes child
abuse, shall be punished:
(a) If the battery is not committed with a deadly
weapon, and no substantial bodily harm to the victim results, except under
circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly
weapon, and either substantial bodily harm to the victim results or the battery
is committed by strangulation, for a category C felony as provided in NRS 193.130.
(c) If:
(1) The battery is committed upon an
officer, provider of health care, school employee, taxicab driver or transit
operator who was performing his or her duty or upon a sports official based on
the performance of his or her duties at a sporting event;
(2) The officer, provider of health care,
school employee, taxicab driver, transit operator or sports official suffers
substantial bodily harm or the battery is committed by strangulation; and
(3) The person charged knew or should have
known that the victim was an officer, provider of health care, school employee,
taxicab driver, transit operator or sports official,
Ê for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 10 years, or by a fine of
not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer,
provider of health care, school employee, taxicab driver or transit operator
who is performing his or her duty or upon a sports official based on the
performance of his or her duties at a sporting event and the person charged
knew or should have known that the victim was an officer, provider of health
care, school employee, taxicab driver, transit operator or sports official, for
a gross misdemeanor, except under circumstances where a greater penalty is
provided in this section.
(e) If the battery is committed with the use of a
deadly weapon, and:
(1) No substantial bodily harm to the
victim results, for a category B felony by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 10
years, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim
results or the battery is committed by strangulation, for a category B felony
by imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 15 years, and may be further punished by a
fine of not more than $10,000.
(f) If the battery is committed by a probationer,
a prisoner who is in lawful custody or confinement or a parolee, without the
use of a deadly weapon, whether or not substantial bodily harm results and
whether or not the battery is committed by strangulation, for a category B
felony by imprisonment in the state prison for a minimum term of not less than
1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a probationer,
a prisoner who is in lawful custody or confinement or a parolee, with the use
of a deadly weapon, and:
(1) No substantial bodily harm to the
victim results, for a category B felony by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 10
years.
(2) Substantial bodily harm to the victim
results or the battery is committed by strangulation, for a category B felony
by imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 15 years.
(Added to NRS by 1971, 1385; A 1973, 1444; 1975,
1063; 1977, 736;
1979, 213, 1427; 1981, 12, 614; 1983, 673; 1985, 248, 2171; 1987, 515; 1989, 1178; 1991, 154, 774; 1995, 22, 903, 1191, 1321, 1335; 1997, 435, 1180, 1813; 1999, 141; 2001, 381; 2003, 355; 2005, 178; 2009, 87; 2013, 1764)
NRS 200.485 Battery which constitutes domestic violence: Penalties;
referring child for counseling; restriction against dismissal, probation and
suspension; definitions.
1. Unless a greater penalty is provided
pursuant to subsection 2 or NRS 200.481, a person
convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is
guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county
jail or detention facility for not less than 2 days, but not more than 6
months; and
(2) Perform not less than 48 hours, but
not more than 120 hours, of community service.
Ê The person
shall be further punished by a fine of not less than $200, but not more than
$1,000. A term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except
that each period of confinement must be not less than 4 consecutive hours and
must occur at a time when the person is not required to be at his or her place
of employment or on a weekend.
(b) For the second offense within 7 years, is
guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county
jail or detention facility for not less than 10 days, but not more than 6
months; and
(2) Perform not less than 100 hours, but
not more than 200 hours, of community service.
Ê The person
shall be further punished by a fine of not less than $500, but not more than
$1,000.
(c) For the third and any subsequent offense
within 7 years, is guilty of a category C felony and shall be punished as
provided in NRS 193.130.
2. Unless a greater penalty is provided
pursuant to NRS 200.481, a person convicted of a
battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by
strangulation as described in NRS 200.481, is
guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than
$15,000.
3. In addition to any other penalty, if a
person is convicted of a battery which constitutes domestic violence pursuant
to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require
the person to participate in weekly counseling sessions of not less than 1 1/2
hours per week for not less than 6 months, but not more than 12 months, at his
or her expense, in a program for the treatment of persons who commit domestic
violence that has been certified pursuant to NRS
228.470.
(b) For the second offense within 7 years,
require the person to participate in weekly counseling sessions of not less
than 1 1/2 hours per week for 12 months, at his or her expense, in a program
for the treatment of persons who commit domestic violence that has been
certified pursuant to NRS 228.470.
Ê If the
person resides in this State but the nearest location at which counseling
services are available is in another state, the court may allow the person to
participate in counseling in the other state in a program for the treatment of
persons who commit domestic violence that has been certified pursuant to NRS 228.470.
4. An offense that occurred within 7 years
immediately preceding the date of the principal offense or after the principal
offense constitutes a prior offense for the purposes of this section when
evidenced by a conviction, without regard to the sequence of the offenses and
convictions. The facts concerning a prior offense must be alleged in the
complaint, indictment or information, must not be read to the jury or proved at
trial but must be proved at the time of sentencing and, if the principal
offense is alleged to be a felony, must also be shown at the preliminary
examination or presented to the grand jury.
5. In addition to any other fine or
penalty, the court shall order such a person to pay an administrative
assessment of $35. Any money so collected must be paid by the clerk of the
court to the State Controller on or before the fifth day of each month for the
preceding month for credit to the Account for Programs Related to Domestic
Violence established pursuant to NRS
228.460.
6. In addition to any other penalty, the
court may require such a person to participate, at his or her expense, in a
program of treatment for the abuse of alcohol or drugs that has been certified
by the Division of Public and Behavioral Health of the Department of Health and
Human Services.
7. If it appears from information
presented to the court that a child under the age of 18 years may need
counseling as a result of the commission of a battery which constitutes
domestic violence pursuant to NRS 33.018,
the court may refer the child to an agency which provides child welfare
services. If the court refers a child to an agency which provides child welfare
services, the court shall require the person convicted of a battery which
constitutes domestic violence pursuant to NRS
33.018 to reimburse the agency for the costs of any services provided, to
the extent of the convicted person’s ability to pay.
8. If a person is charged with committing a
battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall
not dismiss such a charge in exchange for a plea of guilty, guilty but mentally
ill 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. A court shall not
grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the
sentence of such a person.
9. As used in this section:
(a) “Agency which provides child welfare
services” has the meaning ascribed to it in NRS 432B.030.
(b) “Battery” has the meaning ascribed to it in
paragraph (a) of subsection 1 of NRS 200.481.
(c) “Offense” includes a battery which
constitutes domestic violence pursuant to NRS
33.018 or a violation of the law of any other jurisdiction that prohibits
the same or similar conduct.
(Added to NRS by 1997, 1811; A 1999, 1880; 2001, 11, 432, 2485, 2922, 2932; 2003, 1481; 2005, 29, 533; 2007, 1436, 1438; 2009, 89, 91)
NRS 200.490 Provoking assault: Penalty. Every
person who shall, by word, sign or gesture, willfully provoke, or attempt to
provoke, another person to commit an assault shall be punished by a fine of not
more than $500.
[Part 1911 C&P § 150; RL § 6415; NCL §
10097]—(NRS A 1967, 473)
CRIMINAL NEGLECT OF PATIENTS
NRS 200.495 Definitions; penalties.
1. A professional caretaker who fails to
provide such service, care or supervision as is reasonable and necessary to
maintain the health or safety of a patient is guilty of criminal neglect of a
patient if:
(a) The act or omission is aggravated, reckless
or gross;
(b) The act or omission is such a departure from
what would be the conduct of an ordinarily prudent, careful person under the
same circumstances that it is contrary to a proper regard for danger to human
life or constitutes indifference to the resulting consequences;
(c) The consequences of the negligent act or
omission could have reasonably been foreseen; and
(d) The danger to human life was not the result
of inattention, mistaken judgment or misadventure, but the natural and probable
result of an aggravated reckless or grossly negligent act or omission.
2. Unless a more severe penalty is
prescribed by law for the act or omission which brings about the neglect, a
person who commits criminal neglect of a patient:
(a) If the neglect results in death, is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term of not more than
20 years.
(b) If the neglect results in substantial bodily
harm, is guilty of a category B felony and shall be punished by imprisonment in
the state prison for a minimum term of not less than 1 year and a maximum term
of not more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment.
(c) If the neglect does not result in death or
substantial bodily harm, is guilty of a gross misdemeanor.
3. For the purposes of this section, a
patient is not neglected for the sole reason that:
(a) According to the patient’s desire, the
patient is being furnished with treatment by spiritual means through prayer
alone in accordance with the tenets and practices of a church or religious
denomination. Subsection 1 does not authorize or require any medical care or
treatment over the implied or express objection of such a patient.
(b) Life-sustaining treatment was withheld or
withdrawn in accordance with a valid declaration by the patient or his or her
agent pursuant to NRS 162A.790.
4. Upon the conviction of a person for a
violation of the provisions of subsection 1, the Attorney General shall give
notice of the conviction to the licensing boards which:
(a) Licensed the facility in which the criminal
neglect occurred; and
(b) If applicable, licensed the person so
convicted.
5. As used in this section:
(a) “Medical facility” has the meaning ascribed
to it in NRS 449.0151.
(b) “Patient” means a person who resides or
receives health care in a medical facility.
(c) “Professional caretaker” means a person who:
(1) Holds a license, registration or
permit issued pursuant to title 54 or chapter 449
of NRS;
(2) Is employed by, an agent of or under
contract to perform services for, a medical facility; and
(3) Has responsibility to provide care to
patients.
Ê The term
does not include a person who is not involved in the day-to-day operation or
management of a medical facility unless that person has actual knowledge of the
criminal neglect of a patient and takes no action to cure such neglect.
(Added to NRS by 1993, 2497; A 1995, 1192; 2009, 207)
ABUSE AND NEGLECT OF CHILDREN
NRS 200.508 Abuse, neglect or endangerment of child: Penalties; definitions.
1. A person who willfully causes a child
who is less than 18 years of age to suffer unjustifiable physical pain or
mental suffering as a result of abuse or neglect or to be placed in a situation
where the child may suffer physical pain or mental suffering as the result of
abuse or neglect:
(a) If substantial bodily or mental harm results
to the child:
(1) If the child is less than 14 years of
age and the harm is the result of sexual abuse or exploitation, is guilty of a
category A felony and shall be punished by imprisonment in the state prison for
life with the possibility of parole, with eligibility for parole beginning when
a minimum of 15 years has been served; or
(2) In all other such cases to which
subparagraph (1) does not apply, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not
result to the child:
(1) If the person has not previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 6
years; or
(2) If the person has previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 15
years,
Ê unless a
more severe penalty is prescribed by law for an act or omission that brings
about the abuse or neglect.
2. A person who is responsible for the
safety or welfare of a child and who permits or allows that child to suffer
unjustifiable physical pain or mental suffering as a result of abuse or neglect
or to be placed in a situation where the child may suffer physical pain or
mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results
to the child:
(1) If the child is less than 14 years of
age and the harm is the result of sexual abuse or exploitation, is guilty of a
category A felony and shall be punished by imprisonment in the state prison for
life with the possibility of parole, with eligibility for parole beginning when
a minimum of 10 years has been served; or
(2) In all other such cases to which
subparagraph (1) does not apply, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not
result to the child:
(1) If the person has not previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
gross misdemeanor; or
(2) If the person has previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
category C felony and shall be punished as provided in NRS 193.130,
Ê unless a
more severe penalty is prescribed by law for an act or omission that brings
about the abuse or neglect.
3. A person does not commit a violation of
subsection 1 or 2 by virtue of the sole fact that the person delivers or allows
the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
4. As used in this section:
(a) “Abuse or neglect” means physical or mental
injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent
treatment or maltreatment of a child under the age of 18 years, as set forth in
paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which
indicate that the child’s health or welfare is harmed or threatened with harm.
(b) “Allow” means to do nothing to prevent or
stop the abuse or neglect of a child in circumstances where the person knows or
has reason to know that the child is abused or neglected.
(c) “Permit” means permission that a reasonable
person would not grant and which amounts to a neglect of responsibility
attending the care, custody and control of a minor child.
(d) “Physical injury” means:
(1) Permanent or temporary disfigurement;
or
(2) Impairment of any bodily function or
organ of the body.
(e) “Substantial mental harm” means an injury to
the intellectual or psychological capacity or the emotional condition of a
child as evidenced by an observable and substantial impairment of the ability
of the child to function within his or her normal range of performance or
behavior.
(Added to NRS by 1971, 772; A 1975, 1141; 1977, 738, 1629; 1985, 1399; 1989, 866, 1510, 1512; 1995, 1193; 1997, 850, 1720; 1999, 470, 472; 2001, 1138, 1264; 2003, 22)
NRS 200.5081 District attorney may refer person suspected of violating NRS
200.508 for treatment or counseling.
1. A district attorney may, if the
circumstances indicate that treatment or counseling is needed, refer a person
who is suspected of violating a provision of NRS
200.508 to an appropriate public or private agency for treatment or
counseling. The district attorney shall obtain the consent of the agency to
which the district attorney intends to refer the person before doing so.
2. Nothing in this section limits the
discretion of the district attorney to undertake prosecution of a person who
has been referred for treatment or counseling pursuant to subsection 1.
(Added to NRS by 1981, 1228)
NRS 200.5083 Mutilation of genitalia of female child: Penalties; definitions.
1. A person who willfully:
(a) Mutilates, or aids, abets, encourages or
participates in the mutilation of the genitalia of a female child; or
(b) Removes a female child from this State for
the purpose of mutilating the genitalia of the child,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 2 years and a maximum term of not more than
10 years, and may be further punished by a fine of not more than $10,000.
2. It is not a defense that:
(a) The person engaging in the conduct prohibited
by subsection 1 believes that the conduct is necessary or appropriate as a
matter of custom, ritual or standard practice; or
(b) The child, the parent or legal guardian of
the child, or another person legally responsible for the child has consented to
the conduct prohibited by subsection 1.
3. As used in this section:
(a) “Child” means a person who is under 18 years
of age.
(b) “Mutilates the genitalia of a female child”
means the removal or infibulation in whole or in part of the clitoris, vulva,
labia major or labia minor for nonmedical purposes.
(Added to NRS by 1997, 678)
NRS 200.5085 Use of nonmedical remedial treatment. A
child is not abused or neglected, nor is the child’s health or welfare harmed
or threatened for the sole reason that his or her parent or guardian, in good
faith, selects and depends upon nonmedical remedial treatment for such child,
if such treatment is recognized and permitted under the laws of this State in
lieu of medical treatment.
(Added to NRS by 1979, 437)
ABUSE, NEGLECT, EXPLOITATION OR ISOLATION OF OLDER PERSONS
AND VULNERABLE PERSONS
NRS 200.5091 Policy of State. It
is the policy of this State to provide for the cooperation of law enforcement
officials, courts of competent jurisdiction and all appropriate state agencies
providing human services in identifying the abuse, neglect, exploitation and
isolation of older persons and vulnerable persons through the complete
reporting of abuse, neglect, exploitation and isolation of older persons and
vulnerable persons.
(Added to NRS by 1981, 1334; A 1997, 1348; 2005, 1107)
NRS 200.5092 Definitions. As
used in NRS 200.5091 to 200.50995,
inclusive, unless the context otherwise requires:
1. “Abuse” means willful and unjustified:
(a) Infliction of pain, injury or mental anguish
on an older person or a vulnerable person; or
(b) Deprivation of food, shelter, clothing or
services which are necessary to maintain the physical or mental health of an
older person or a vulnerable person.
2. “Exploitation” means any act taken by a
person who has the trust and confidence of an older person or a vulnerable
person or any use of the power of attorney or guardianship of an older person
or a vulnerable person to:
(a) Obtain control, through deception, intimidation
or undue influence, over the older person’s or vulnerable person’s money,
assets or property with the intention of permanently depriving the older person
or vulnerable person of the ownership, use, benefit or possession of his or her
money, assets or property; or
(b) Convert money, assets or property of the
older person or vulnerable person with the intention of permanently depriving
the older person or vulnerable person of the ownership, use, benefit or
possession of his or her money, assets or property.
Ê As used in
this subsection, “undue influence” does not include the normal influence that
one member of a family has over another.
3. “Isolation” means willfully,
maliciously and intentionally preventing an older person or a vulnerable person
from having contact with another person by:
(a) Intentionally preventing the older person or
vulnerable person from receiving visitors, mail or telephone calls, including,
without limitation, communicating to a person who comes to visit the older
person or vulnerable person or a person who telephones the older person or
vulnerable person that the older person or vulnerable person is not present or
does not want to meet with or talk to the visitor or caller knowing that the
statement is false, contrary to the express wishes of the older person or
vulnerable person and intended to prevent the older person or vulnerable person
from having contact with the visitor; or
(b) Physically restraining the older person or
vulnerable person to prevent the older person or vulnerable person from meeting
with a person who comes to visit the older person or vulnerable person.
Ê The term
does not include an act intended to protect the property or physical or mental
welfare of the older person or vulnerable person or an act performed pursuant
to the instructions of a physician of the older person or vulnerable person.
4. “Neglect” means the failure of:
(a) A person who has assumed legal responsibility
or a contractual obligation for caring for an older person or a vulnerable person
or who has voluntarily assumed responsibility for his or her care to provide
food, shelter, clothing or services which are necessary to maintain the
physical or mental health of the older person or vulnerable person; or
(b) An older person or a vulnerable person to
provide for his or her own needs because of inability to do so.
5. “Older person” means a person who is 60
years of age or older.
6. “Protective services” means services
the purpose of which is to prevent and remedy the abuse, neglect, exploitation
and isolation of older persons. The services may include investigation,
evaluation, counseling, arrangement and referral for other services and
assistance.
7. “Vulnerable person” means a person 18
years of age or older who:
(a) Suffers from a condition of physical or
mental incapacitation because of a developmental disability, organic brain
damage or mental illness; or
(b) Has one or more physical or mental
limitations that restrict the ability of the person to perform the normal
activities of daily living.
(Added to NRS by 1981, 1334; A 1983, 1359, 1652; 1995, 2250; 1997, 1348; 1999, 3517; 2003, 491; 2005, 1108)
NRS 200.50925 “Reasonable cause to believe” and “as soon as reasonably
practicable” defined. For the
purposes of NRS 200.5091 to 200.50995, inclusive, a person:
1. Has “reasonable cause to believe” if,
in light of all the surrounding facts and circumstances which are known or
which reasonably should be known to the person at the time, a reasonable person
would believe, under those facts and circumstances, that an act, transaction,
event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably
practicable” if, in light of all the surrounding facts and circumstances which
are known or which reasonably should be known to the person at the time, a
reasonable person would act within approximately the same period under those
facts and circumstances.
(Added to NRS by 1999, 3517)
NRS 200.5093 Report of abuse, neglect, exploitation or isolation of older
person; voluntary and mandatory reports; investigation; penalty.
1. Any person who is described in
subsection 4 and who, in a professional or occupational capacity, knows or has
reasonable cause to believe that an older person has been abused, neglected,
exploited or isolated shall:
(a) Except as otherwise provided in subsection 2,
report the abuse, neglect, exploitation or isolation of the older person to:
(1) The local office of the Aging and
Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriff’s
office;
(3) The county’s office for protective
services, if one exists in the county where the suspected action occurred; or
(4) A toll-free telephone service
designated by the Aging and Disability Services Division of the Department of
Health and Human Services; and
(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the older person has been abused, neglected,
exploited or isolated.
2. If a person who is required to make a
report pursuant to subsection 1 knows or has reasonable cause to believe that
the abuse, neglect, exploitation or isolation of the older person involves an
act or omission of the Aging and Disability Services Division, another division
of the Department of Health and Human Services or a law enforcement agency, the
person shall make the report to an agency other than the one alleged to have
committed the act or omission.
3. Each agency, after reducing a report to
writing, shall forward a copy of the report to the Aging and Disability
Services Division of the Department of Health and Human Services and the Unit
for the Investigation and Prosecution of Crimes.
4. A report must be made pursuant to
subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, physician assistant licensed pursuant
to chapter 630 or 633 of NRS, perfusionist, psychiatrist,
psychologist, marriage and family therapist, clinical professional counselor,
clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor,
music therapist, athletic trainer, driver of an ambulance, paramedic, licensed
dietitian or other person providing medical services licensed or certified to
practice in this State, who examines, attends or treats an older person who
appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar
institution engaged in the admission, examination, care or treatment of persons
or an administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect, exploitation or
isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by
an agency to provide personal care services in the home.
(e) Every person who maintains or is employed by
an agency to provide nursing in the home.
(f) Every person who operates, who is employed by
or who contracts to provide services for an intermediary service organization
as defined in NRS 449.4304.
(g) Any employee of the Department of Health and
Human Services.
(h) Any employee of a law enforcement agency or a
county’s office for protective services or an adult or juvenile probation
officer.
(i) Any person who maintains or is employed by a
facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
the abuse, neglect, exploitation or isolation of an older person and refers
them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a
funeral home or mortuary.
5. A report may be made by any other
person.
6. If a person who is required to make a
report pursuant to subsection 1 knows or has reasonable cause to believe that
an older person has died as a result of abuse, neglect or isolation, the person
shall, as soon as reasonably practicable, report this belief to the appropriate
medical examiner or coroner, who shall investigate the cause of death of the
older person and submit to the appropriate local law enforcement agencies, the
appropriate prosecuting attorney, the Aging and Disability Services Division of
the Department of Health and Human Services and the Unit for the Investigation
and Prosecution of Crimes his or her written findings. The written findings
must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7. A division, office or department which
receives a report pursuant to this section shall cause the investigation of the
report to commence within 3 working days. A copy of the final report of the
investigation conducted by a division, office or department, other than the
Aging and Disability Services Division of the Department of Health and Human
Services, must be forwarded within 30 days after the completion of the report
to the:
(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes
Against Older Persons created by NRS
179A.450; and
(c) Unit for the Investigation and Prosecution of
Crimes.
8. If the investigation of a report
results in the belief that an older person is abused, neglected, exploited or
isolated, the Aging and Disability Services Division of the Department of
Health and Human Services or the county’s office for protective services may
provide protective services to the older person if the older person is able and
willing to accept them.
9. A person who knowingly and willfully
violates any of the provisions of this section is guilty of a misdemeanor.
10. As used in this section, “Unit for the
Investigation and Prosecution of Crimes” means the Unit for the Investigation
and Prosecution of Crimes Against Older Persons in the Office of the Attorney
General created pursuant to NRS 228.265.
(Added to NRS by 1981, 1334; A 1983, 1653; 1985, 1491; 1987, 2130, 2218; 1989, 904; 1991, 135; 1993, 2226; 1995, 2250; 1997, 108, 1349, 2608, 2610, 2637, 2639; 1999, 137, 2242, 2245, 2248, 3518; 2001, 158, 161, 776; 2003, 905; 2005, 1109, 2172; 2007, 746, 1224, 1849, 3080; 2009, 2372,
2445, 2992; 2011, 1093,
1514; 2013, 141, 953)
NRS 200.50935 Report of abuse, neglect, exploitation or isolation of
vulnerable person; voluntary and mandatory reports; investigation; penalty.
1. Any person who is described in
subsection 3 and who, in a professional or occupational capacity, knows or has
reasonable cause to believe that a vulnerable person has been abused,
neglected, exploited or isolated shall:
(a) Report the abuse, neglect, exploitation or
isolation of the vulnerable person to a law enforcement agency; and
(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the vulnerable person has been abused,
neglected, exploited or isolated.
2. If a person who is required to make a
report pursuant to subsection 1 knows or has reasonable cause to believe that
the abuse, neglect, exploitation or isolation of the vulnerable person involves
an act or omission of a law enforcement agency, the person shall make the
report to a law enforcement agency other than the one alleged to have committed
the act or omission.
3. A report must be made pursuant to
subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, perfusionist, physician assistant
licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage
and family therapist, clinical professional counselor, clinical alcohol and
drug abuse counselor, alcohol and drug abuse counselor, music therapist,
athletic trainer, driver of an ambulance, paramedic, licensed dietitian or
other person providing medical services licensed or certified to practice in
this State, who examines, attends or treats a vulnerable person who appears to
have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar
institution engaged in the admission, examination, care or treatment of persons
or an administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect, exploitation or
isolation of a vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by
an agency to provide nursing in the home.
(e) Any employee of the Department of Health and
Human Services.
(f) Any employee of a law enforcement agency or
an adult or juvenile probation officer.
(g) Any person who maintains or is employed by a
facility or establishment that provides care for vulnerable persons.
(h) Any person who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
the abuse, neglect, exploitation or isolation of a vulnerable person and refers
them to persons and agencies where their requests and needs can be met.
(i) Every social worker.
(j) Any person who owns or is employed by a
funeral home or mortuary.
4. A report may be made by any other
person.
5. If a person who is required to make a
report pursuant to subsection 1 knows or has reasonable cause to believe that a
vulnerable person has died as a result of abuse, neglect or isolation, the
person shall, as soon as reasonably practicable, report this belief to the
appropriate medical examiner or coroner, who shall investigate the cause of
death of the vulnerable person and submit to the appropriate local law
enforcement agencies and the appropriate prosecuting attorney his or her
written findings. The written findings must include the information required
pursuant to the provisions of NRS 200.5094, when
possible.
6. A law enforcement agency which receives
a report pursuant to this section shall immediately initiate an investigation
of the report.
7. A person who knowingly and willfully
violates any of the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 2005, 1106; A 2007, 1851, 3081; 2009, 2994;
2011, 1095,
1517; 2013, 955)
NRS 200.5094 Reports: Manner of making; contents.
1. A person may make a report pursuant to NRS 200.5093 or 200.50935
by telephone or, in light of all the surrounding facts and circumstances which
are known or which reasonably should be known to the person at the time, by any
other means of oral, written or electronic communication that a reasonable
person would believe, under those facts and circumstances, is a reliable and
swift means of communicating information to the person who receives the report.
If the report is made orally, the person who receives the report must reduce it
to writing as soon as reasonably practicable.
2. The report must contain the following
information, when possible:
(a) The name and address of the older person or
vulnerable person;
(b) The name and address of the person
responsible for his or her care, if there is one;
(c) The name and address, if available, of the
person who is alleged to have abused, neglected, exploited or isolated the
older person or vulnerable person;
(d) The nature and extent of the abuse, neglect,
exploitation or isolation of the older person or vulnerable person;
(e) Any evidence of previous injuries; and
(f) The basis of the reporter’s belief that the
older person or vulnerable person has been abused, neglected, exploited or
isolated.
(Added to NRS by 1981, 1335; A 1983, 1654; 1997, 1351; 1999, 3520; 2005, 1110)
NRS 200.5095 Reports and records confidential; permissible or required
disclosure; penalty.
1. Reports made pursuant to NRS 200.5093, 200.50935
and 200.5094, and records and investigations
relating to those reports, are confidential.
2. A person, law enforcement agency or
public or private agency, institution or facility who willfully releases data
or information concerning the reports and investigation of the abuse, neglect,
exploitation or isolation of older persons or vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS
200.50982; or
(c) To persons or agencies enumerated in
subsection 3,
Ê is guilty of
a misdemeanor.
3. Except as otherwise provided in
subsection 2 and NRS 200.50982, data or
information concerning the reports and investigations of the abuse, neglect,
exploitation or isolation of an older person or a vulnerable person is
available only to:
(a) A physician who is providing care to an older
person or a vulnerable person who may have been abused, neglected, exploited or
isolated;
(b) An agency responsible for or authorized to
undertake the care, treatment and supervision of the older person or vulnerable
person;
(c) A district attorney or other law enforcement
official who requires the information in connection with an investigation of
the abuse, neglect, exploitation or isolation of the older person or vulnerable
person;
(d) A court which has determined, in camera, that
public disclosure of such information is necessary for the determination of an
issue before it;
(e) A person engaged in bona fide research, but
the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that
access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in
another jurisdiction;
(h) A legal guardian of the older person or
vulnerable person, if the identity of the person who was responsible for
reporting the alleged abuse, neglect, exploitation or isolation of the older
person or vulnerable person to the public agency is protected, and the legal
guardian of the older person or vulnerable person is not the person suspected
of such abuse, neglect, exploitation or isolation;
(i) If the older person or vulnerable person is
deceased, the executor or administrator of his or her estate, if the identity
of the person who was responsible for reporting the alleged abuse, neglect,
exploitation or isolation of the older person or vulnerable person to the
public agency is protected, and the executor or administrator is not the person
suspected of such abuse, neglect, exploitation or isolation; or
(j) The older person or vulnerable person named
in the report as allegedly being abused, neglected, exploited or isolated, if
that person is not legally incompetent.
4. If the person who is reported to have
abused, neglected, exploited or isolated an older person or a vulnerable person
is the holder of a license or certificate issued pursuant to chapters 449, 630
to 641B, inclusive, or 654 of NRS, the information contained in the
report must be submitted to the board that issued the license.
(Added to NRS by 1981, 1335; A 1983, 1654; 1995, 2252; 1997, 1351; 2003, 906; 2005, 1111; 2011, 1096,
1518)
NRS 200.50955 Law enforcement agency: Required to act promptly in obtaining
certain warrants. A law
enforcement agency shall promptly seek to obtain a warrant for the arrest of
any person the agency has probable cause to believe is criminally responsible
for the abuse, neglect, exploitation or isolation of an older person or a
vulnerable person.
(Added to NRS by 1997, 1348; A 2005, 1112)
NRS 200.5096 Immunity from civil or criminal liability for reporting,
investigating or submitting information. Immunity
from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995,
inclusive, in good faith:
1. Participates in the making of a report;
2. Causes or conducts an investigation of
alleged abuse, neglect, exploitation or isolation of an older person or a
vulnerable person; or
3. Submits information contained in a
report to a licensing board pursuant to subsection 4 of NRS
200.5095.
(Added to NRS by 1981, 1336; A 1995, 2253; 1997, 1352; 2005, 1112)
NRS 200.5097 Admissibility of evidence. In
any proceeding resulting from a report made or action taken pursuant to NRS 200.5091 to 200.50995,
inclusive, or in any other proceeding, the report or its contents or any other
fact related thereto or to the condition of the older person or vulnerable
person who is the subject of the report may not be excluded on the ground that
the matter would otherwise be privileged against disclosure under chapter 49 of NRS.
(Added to NRS by 1981, 1336; A 2005, 1112)
NRS 200.5098 Duties of Aging and Disability Services Division of Department
of Health and Human Services regarding older persons; organization and
operation of teams for provision of assistance.
1. The Aging and Disability Services
Division of the Department of Health and Human Services shall:
(a) Identify and record demographic information
on the older person who is alleged to have been abused, neglected, exploited or
isolated and the person who is alleged to be responsible for such abuse,
neglect, exploitation or isolation.
(b) Obtain information from programs for
preventing abuse of older persons, analyze and compare the programs, and make
recommendations to assist the organizers of the programs in achieving the most
efficient and effective service possible.
(c) Publicize the provisions of NRS 200.5091 to 200.50995,
inclusive.
2. The Administrator of the Aging and
Disability Services Division of the Department may organize one or more teams
to assist in strategic assessment and planning of protective services, issues
regarding the delivery of service, programs or individual plans for preventing,
identifying, remedying or treating abuse, neglect, exploitation or isolation of
older persons. Members of the team serve at the invitation of the Administrator
and must be experienced in preventing, identifying, remedying or treating
abuse, neglect, exploitation or isolation of older persons. The team may
include representatives of other organizations concerned with education, law
enforcement or physical or mental health.
3. The team may receive otherwise
confidential information and records pertaining to older persons to assist in
assessing and planning. The confidentiality of any information or records received
must be maintained under the terms or conditions required by law. The content
of any discussion regarding information or records received by the team
pursuant to this subsection is not subject to discovery and a member of the
team shall not testify regarding any discussion which occurred during the
meeting. Any information disclosed in violation of this subsection is
inadmissible in all judicial proceedings.
(Added to NRS by 1981, 1335; A 1983, 1655; 1991, 134; 1997, 1352)
NRS 200.50982 Disclosure of information concerning reports and investigations
to other agencies or legal representative of older person or vulnerable person;
disclosure of information concerning suspect in investigation of abuse,
neglect, exploitation or isolation of older person.
1. The provisions of NRS 200.5091 to 200.50995,
inclusive, do not prohibit an agency which is investigating a report of abuse,
neglect, exploitation or isolation, or which provides protective services, from
disclosing data or information concerning the reports and investigations of the
abuse, neglect, exploitation or isolation of an older person or a vulnerable
person to other federal, state or local agencies or the legal representatives
of the older person or vulnerable person on whose behalf the investigation is
being conducted if:
(a) The agency making the disclosure determines
that the disclosure is in the best interest of the older person or vulnerable
person; and
(b) Proper safeguards are taken to ensure the
confidentiality of the information.
2. If the Aging and Disability Services
Division of the Department of Health and Human Services is investigating a
report of abuse, neglect, exploitation or isolation of an older person, a law
enforcement agency shall, upon request of the Aging and Disability Services
Division, provide information relating to any suspect in the investigation as soon
as possible. The information must include, when possible:
(a) The records of criminal history of the
suspect;
(b) Whether or not the suspect resides with or
near the older person; and
(c) A summary of any events, incidents or arrests
which have occurred at the residence of the suspect or the older person within
the past 90 days and which involve physical violence or concerns related to
public safety or the health or safety of the older person.
(Added to NRS by 1995, 2249; A 1997, 1353; 2005, 1112; 2007, 276)
NRS 200.50984 Inspection of records pertaining to older person on whose behalf
investigation is conducted.
1. Notwithstanding any other statute to
the contrary, the local office of the Aging and Disability Services Division of
the Department of Health and Human Services and a county’s office for
protective services, if one exists in the county where a violation is alleged
to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995,
inclusive, inspect all records pertaining to the older person on whose behalf
the investigation is being conducted, including, but not limited to, that
person’s medical and financial records.
2. Except as otherwise provided in this
subsection, if a guardian has not been appointed for the older person, the
Aging and Disability Services Division or the county’s office for protective
services shall obtain the consent of the older person before inspecting those
records. If the Aging and Disability Services Division or the county’s office
for protective services determines that the older person is unable to consent to
the inspection, the inspection may be conducted without his or her consent.
Except as otherwise provided in this subsection, if a guardian has been
appointed for the older person, the Aging and Disability Services Division or
the county’s office for protective services shall obtain the consent of the
guardian before inspecting those records. If the Aging and Disability Services
Division or the county’s office for protective services has reasonable cause to
believe that the guardian is abusing, neglecting, exploiting or isolating the
older person, the inspection may be conducted without the consent of the
guardian, except that if the records to be inspected are in the personal
possession of the guardian, the inspection must be approved by a court of competent
jurisdiction.
(Added to NRS by 1995, 2249; A 1997, 1353, 2611, 2641; 1999, 139, 2242, 2247, 2248, 3521)
NRS 200.50986 Petition for removal of guardian of older person. The local office of the Aging and Disability
Services Division of the Department of Health and Human Services or the
county’s office for protective services may petition a court in accordance with
NRS 159.185, 159.1853 or 159.1905 for the removal of the guardian
of an older person, or the termination or modification of that guardianship,
if, based on its investigation, the Aging and Disability Services Division or
the county’s office of protective services has reasonable cause to believe that
the guardian is abusing, neglecting, exploiting or isolating the older person
in violation of NRS 200.5091 to 200.50995, inclusive.
(Added to NRS by 1995, 2250; A 1997, 1354, 2612, 2641; 1999, 139, 2242, 2248, 3521; 2001, 269; 2003, 1803)
NRS 200.5099 Penalties.
1. Except as otherwise provided in
subsection 6, any person who abuses an older person or a vulnerable person is
guilty:
(a) For the first offense, of a gross
misdemeanor; or
(b) For any subsequent offense or if the person
has been previously convicted of violating a law of any other jurisdiction that
prohibits the same or similar conduct, of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 6 years, unless a more severe
penalty is prescribed by law for the act or omission which brings about the
abuse.
2. Except as otherwise provided in
subsection 7, any person who has assumed responsibility, legally, voluntarily
or pursuant to a contract, to care for an older person or a vulnerable person
and who:
(a) Neglects the older person or vulnerable
person, causing the older person or vulnerable person to suffer physical pain
or mental suffering;
(b) Permits or allows the older person or
vulnerable person to suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person or
vulnerable person to be placed in a situation where the older person or
vulnerable person may suffer physical pain or mental suffering as the result of
abuse or neglect,
Ê is guilty of
a gross misdemeanor unless a more severe penalty is prescribed by law for the
act or omission which brings about the abuse or neglect.
3. Except as otherwise provided in
subsection 4, any person who exploits an older person or a vulnerable person
shall be punished, if the value of any money, assets and property obtained or
used:
(a) Is less than $650, for a gross misdemeanor by
imprisonment in the county jail for not more than 364 days, or by a fine of not
more than $2,000, or by both fine and imprisonment;
(b) Is at least $650, but less than $5,000, for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 10 years, or by a fine of
not more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 20 years, or by a fine of not more than
$25,000, or by both fine and imprisonment,
Ê unless a
more severe penalty is prescribed by law for the act which brought about the
exploitation. The monetary value of all of the money, assets and property of
the older person or vulnerable person which have been obtained or used, or
both, may be combined for the purpose of imposing punishment for an offense
charged pursuant to this subsection.
4. If a person exploits an older person or
a vulnerable person and the monetary value of any money, assets and property
obtained cannot be determined, the person shall be punished for a gross
misdemeanor by imprisonment in the county jail for not more than 364 days, or
by a fine of not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person
or a vulnerable person is guilty:
(a) For the first offense, of a gross
misdemeanor; or
(b) For any subsequent offense, of a category B
felony and shall be punished by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than 10 years, and
may be further punished by a fine of not more than $5,000.
6. A person who violates any provision of
subsection 1, if substantial bodily or mental harm or death results to the
older person or vulnerable person, is guilty of a category B felony and shall
be punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years, unless a more severe
penalty is prescribed by law for the act or omission which brings about the
abuse.
7. A person who violates any provision of
subsection 2, if substantial bodily or mental harm or death results to the
older person or vulnerable person, shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 6 years, unless a more severe penalty is
prescribed by law for the act or omission which brings about the abuse or
neglect.
8. In addition to any other penalty
imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995,
inclusive, the court shall order the person to pay restitution.
9. As used in this section:
(a) “Allow” means to take no action to prevent or
stop the abuse or neglect of an older person or a vulnerable person if the
person knows or has reason to know that the older person or vulnerable person
is being abused or neglected.
(b) “Permit” means permission that a reasonable
person would not grant and which amounts to a neglect of responsibility
attending the care and custody of an older person or a vulnerable person.
(c) “Substantial mental harm” means an injury to
the intellectual or psychological capacity or the emotional condition of an
older person or a vulnerable person as evidenced by an observable and
substantial impairment of the ability of the older person or vulnerable person
to function within his or her normal range of performance or behavior.
(Added to NRS by 1981, 1336; A 1983, 1652, 1655; 1985, 249; 1995, 1194, 2253; 1997, 110, 1354; 2003, 2567; 2005, 1113; 2011, 159; 2013, 978)
NRS 200.50995 Penalties for conspiracy. A
person who conspires with another to commit abuse, exploitation or isolation of
an older person or a vulnerable person as prohibited by NRS
200.5099 shall be punished:
1. For the first offense, for a gross
misdemeanor.
2. For the second and all subsequent
offenses, for a category C felony as provided in NRS 193.130.
Ê Each person
found guilty of such a conspiracy is jointly and severally liable for the
restitution ordered by the court pursuant to NRS
200.5099 with each other person found guilty of the conspiracy.
(Added to NRS by 1997, 1347; A 2003, 2568; 2005, 1114)
LIBEL
NRS 200.510 Definition; penalties; truth may be given in evidence; jury to
determine law and fact.
1. A libel is a malicious defamation,
expressed by printing, writing, signs, pictures or the like, tending to blacken
the memory of the dead, or to impeach the honesty, integrity, virtue, or
reputation, or to publish the natural defects of a living person or persons, or
community of persons, or association of persons, and thereby to expose them to
public hatred, contempt or ridicule.
2. Every person, whether the writer or
publisher, convicted of the offense is guilty of a gross misdemeanor.
3. In all prosecutions for libel the truth
may be given in evidence to the jury, and, if it shall appear to the jury that
the matter charged as libelous is true and was published for good motive and
for justifiable ends, the party shall be acquitted, and the jury shall have the
right to determine the law and the fact.
[1911 C&P § 163; A 1915, 423; 1919 RL § 6428; NCL
§ 10110]—(NRS A 1967, 473)
NRS 200.520 Publication defined. Any
method by which matter charged as libelous may be communicated to another shall
be deemed a publication thereof.
[1911 C&P § 164; RL § 6429; NCL § 10111]
NRS 200.530 Liability of editor or publisher. Every
editor or proprietor of a book, newspaper or serial, and every manager of a
copartnership or corporation by which any book, newspaper or serial is issued,
is chargeable with the publication of any matter contained in any such book,
newspaper or serial, but in every prosecution for libel the defendant may show
in his or her defense that the matter complained of was published without his
or her knowledge or fault and against his or her wishes by another who had no
authority from the defendant to make such publication, and was retracted by the
defendant as soon as known with an equal degree of publicity.
[1911 C&P § 165; RL § 6430; NCL § 10112]
NRS 200.540 Criminal proceedings: Venue. Every
person publishing a libel in this state may be proceeded against in any county
where such libelous matter was published or circulated, but a person shall not
be proceeded against for the publication of the same libel against the same
person in more than one county.
[1911 C&P § 166; RL § 6431; NCL § 10113]
NRS 200.550 Furnishing libelous information: Penalty. Every person who shall willfully state,
deliver or transmit by any means whatever to any manager, editor, publisher,
reporter or other employee of a publisher of any newspaper, magazine,
publication, periodical or serial any statement concerning any person or
corporation which, if published therein, would be a libel shall be guilty of a
misdemeanor.
[1911 C&P § 167; RL § 6432; NCL § 10114]
NRS 200.560 Threatening to publish libel: Penalty. Every
person who shall threaten another with the publication of a libel concerning
the latter, or his or her spouse, parent, child or other family member, and
every person who offers to prevent the publication of a libel upon another
person upon condition of the payment of, or with intent to extort, money or
other valuable consideration from any person, shall be guilty of a gross
misdemeanor.
[1911 C&P § 168; RL § 6433; NCL § 10115]
HARASSMENT AND STALKING
NRS 200.571 Harassment: Definition; penalties.
1. A person is guilty of harassment if:
(a) Without lawful authority, the person
knowingly threatens:
(1) To cause bodily injury in the future
to the person threatened or to any other person;
(2) To cause physical damage to the
property of another person;
(3) To subject the person threatened or
any other person to physical confinement or restraint; or
(4) To do any act which is intended to
substantially harm the person threatened or any other person with respect to
his or her physical or mental health or safety; and
(b) The person by words or conduct places the
person receiving the threat in reasonable fear that the threat will be carried
out.
2. Except where the provisions of
subsection 2 or 3 of NRS 200.575 are applicable, a
person who is guilty of harassment:
(a) For the first offense, is guilty of a
misdemeanor.
(b) For the second or any subsequent offense, is
guilty of a gross misdemeanor.
3. The penalties provided in this section
do not preclude the victim from seeking any other legal remedy available.
(Added to NRS by 1989, 897; A 1993, 510; 2001, 2785)
NRS 200.575 Stalking: Definitions; penalties.
1. A person who, without lawful authority,
willfully or maliciously engages in a course of conduct that would cause a
reasonable person to feel terrorized, frightened, intimidated, harassed or
fearful for the immediate safety of a family or household member, and that
actually causes the victim to feel terrorized, frightened, intimidated,
harassed or fearful for the immediate safety of a family or household member,
commits the crime of stalking. Except where the provisions of subsection 2 or 3
are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a
misdemeanor.
(b) For any subsequent offense, is guilty of a
gross misdemeanor.
2. A person who commits the crime of
stalking and in conjunction therewith threatens the person with the intent to
cause the person to be placed in reasonable fear of death or substantial bodily
harm commits the crime of aggravated stalking. A person who commits the crime
of aggravated stalking shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 15 years, and may be further punished by a
fine of not more than $5,000.
3. A person who commits the crime of
stalking with the use of an Internet or network site, electronic mail, text
messaging or any other similar means of communication to publish, display or
distribute information in a manner that substantially increases the risk of
harm or violence to the victim shall be punished for a category C felony as
provided in NRS 193.130.
4. Except as otherwise provided in
subsection 2 of NRS 200.571, a criminal penalty
provided for in this section may be imposed in addition to any penalty that may
be imposed for any other criminal offense arising from the same conduct or for
any contempt of court arising from the same conduct.
5. The penalties provided in this section
do not preclude the victim from seeking any other legal remedy available.
6. As used in this section:
(a) “Course of conduct” means a pattern of
conduct which consists of a series of acts over time that evidences a
continuity of purpose directed at a specific person.
(b) “Family or household member” means a spouse,
a former spouse, a parent or other person who is related by blood or marriage
or is or was actually residing with the person.
(c) “Internet or network site” has the meaning
ascribed to it in NRS 205.4744.
(d) “Network” has the meaning ascribed to it in NRS 205.4745.
(e) “Provider of Internet service” has the
meaning ascribed to it in NRS 205.4758.
(f) “Text messaging” means a communication in the
form of electronic text or one or more electronic images sent from a telephone
or computer to another person’s telephone or computer by addressing the
communication to the recipient’s telephone number.
(g) “Without lawful authority” includes acts
which are initiated or continued without the victim’s consent. The term does
not include acts which are otherwise protected or authorized by constitutional
or statutory law, regulation or order of a court of competent jurisdiction,
including, but not limited to:
(1) Picketing which occurs during a
strike, work stoppage or any other labor dispute.
(2) The activities of a reporter,
photographer, camera operator 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 or her lawful employment.
(4) Any activities carried out in the
exercise of the constitutionally protected rights of freedom of speech and
assembly.
(Added to NRS by 1993, 509; A 1995, 59, 1195, 1324; 1999, 1377; 2001, 665, 2785, 2800; 2003, 198; 2009, 3006)
NRS 200.581 Where offense committed. Harassment,
stalking or aggravated stalking shall be deemed to have been committed where
the conduct occurred or where the person who was affected by the conduct was
located at the time that the conduct occurred.
(Added to NRS by 1989, 897; A 1993, 510; 1995, 60; 2001, 666)
NRS 200.591 Court may impose temporary or extended order to restrict conduct
of alleged perpetrator, defendant or convicted person; penalty for violation of
order; dissemination of order; notice provided in order.
1. In addition to any other remedy
provided by law, a person who reasonably believes that the crime of stalking,
aggravated stalking or harassment is being committed against him or her by another
person may petition any court of competent jurisdiction for a temporary or
extended order directing the person who is allegedly committing the crime to:
(a) Stay away from the home, school, business or
place of employment of the victim of the alleged crime and any other location
specifically named by the court.
(b) Refrain from contacting, intimidating,
threatening or otherwise interfering with the victim of the alleged crime and
any other person named in the order, including, without limitation, a member of
the family or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the
court deems necessary to protect the victim of the alleged crime or to protect
any other person named in the order, including, without limitation, a member of
the family or the household of the victim of the alleged crime.
2. If a defendant charged with a crime
involving harassment, stalking or aggravated stalking is released from custody
before trial or is found guilty at the trial, the court may issue a temporary
or extended order or provide as a condition of the release or sentence that the
defendant:
(a) Stay away from the home, school, business or
place of employment of the victim of the alleged crime and any other location
specifically named by the court.
(b) Refrain from contacting, intimidating,
threatening or otherwise interfering with the victim of the alleged crime and
any other person named in the order, including, without limitation, a member of
the family or the household of the victim of the alleged crime.
(c) Comply with any other restriction which the
court deems necessary to protect the victim of the alleged crime or to protect
any other person named in the order, including, without limitation, a member of
the family or the household of the victim of the alleged crime.
3. A temporary order may be granted with
or without notice to the adverse party. An extended order may be granted only
after:
(a) Notice of the petition for the order and of
the hearing thereon is served upon the adverse party pursuant to the Nevada
Rules of Civil Procedure; and
(b) A hearing is held on the petition.
4. If an extended order is issued by a
justice court, an interlocutory appeal lies to the district court, which may
affirm, modify or vacate the order in question. The appeal may be taken without
bond, but its taking does not stay the effect or enforcement of the order.
5. Unless a more severe penalty is
prescribed by law for the act that constitutes the violation of the order, any
person who intentionally violates:
(a) A temporary order is guilty of a gross
misdemeanor.
(b) An extended order is guilty of a category C
felony and shall be punished as provided in NRS
193.130.
6. Any court order issued pursuant to this
section must:
(a) Be in writing;
(b) Be personally served on the person to whom it
is directed; and
(c) Contain the warning that violation of the
order:
(1) Subjects the person to immediate
arrest.
(2) Is a gross misdemeanor if the order is
a temporary order.
(3) Is a category C felony if the order is
an extended order.
7. A temporary or extended order issued
pursuant to this section must provide notice that a person who is arrested for
violating the order will not be admitted to bail sooner than 12 hours after the
person’s arrest if:
(a) The arresting officer determines that such a
violation is accompanied by a direct or indirect threat of harm;
(b) The person has previously violated a
temporary or extended order for protection; or
(c) At the time of the violation or within 2
hours after the violation, the person has:
(1) A concentration of alcohol of 0.08 or
more in his or her blood or breath; or
(2) An amount of a prohibited substance in
his or her blood or urine that is equal to or greater than the amount set forth
in subsection 3 of NRS 484C.110.
(Added to NRS by 1989, 897; A 1993, 510; 1995, 61, 1324; 2005, 953; 2007, 1020)
NRS 200.592 Petitioner for order: Deferment of costs and fees; free
information concerning order; no fee for serving order.
1. The payment of all costs and official
fees must be deferred for any person who petitions a court for a temporary or
extended order pursuant to NRS 200.591. After any
hearing and not later than final disposition of such an application or order,
the court shall assess the costs and fees against the adverse party, except
that the court may reduce them or waive them, as justice may require.
2. The clerk of the court shall provide a
person who petitions the court for a temporary or extended order pursuant to NRS 200.591 and the adverse party, free of cost, with
information about the:
(a) Availability of temporary and extended orders
pursuant to NRS 200.591;
(b) Procedure for filing an application for such
an order; and
(c) Right to proceed without legal counsel.
3. A person who obtains an order pursuant
to NRS 200.591 must not be charged any fee to have
the order served in this State.
(Added to NRS by 2001, 1671)
NRS 200.594 Duration of orders; dissolution or modification of temporary
order.
1. A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed 30
days, as the court fixes. If a petition for an extended order is filed within
the period of a temporary order, the temporary order remains in effect until
the hearing on the extended order is held.
2. On 2 days’ notice to the party who
obtained the temporary order, the adverse party may appear and move its
dissolution or modification, and in that event the court shall proceed to hear
and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such
time, not to exceed 1 year, as the court fixes. A temporary order may be
converted by the court, upon notice to the adverse party and a hearing, into an
extended order effective for no more than 1 year.
(Added to NRS by 1995, 59)
NRS 200.597 Order to be transmitted to law enforcement agencies;
enforcement.
1. Each court that issues an order
pursuant to NRS 200.591 shall transmit, as soon as
practicable, a copy of the order to all law enforcement agencies within its
jurisdiction. The copy must include a notation of the date on which the order
was personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may
arrest and take into custody a person when the peace officer has probable cause
to believe that:
(a) An order has been issued pursuant to NRS 200.591 to the person to be arrested;
(b) The person to be arrested has been served
with a copy of the order; and
(c) The person to be arrested is acting in
violation of the order.
3. Any law enforcement agency in this
State may enforce a court order issued pursuant to NRS
200.591.
(Added to NRS by 1995, 59; A 2005, 955)
NRS 200.601 Victim to be given certain information and documents concerning
case; clerk to keep record of order or condition restricting conduct of
defendant.
1. The prosecuting attorney in any trial
brought against a person on a charge of harassment, stalking or aggravated
stalking shall inform the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and
the court issues an order or provides a condition of the sentence restricting
the ability of the defendant to have contact with the victim or witnesses, the
clerk of the court shall:
(a) Keep a record of the order or condition of
the sentence; and
(b) Provide a certified copy of the order or
condition of the sentence to the victim and other persons named in the order.
(Added to NRS by 1989, 898; A 1993, 511)
PEEPING
NRS 200.603 Peering, peeping or spying through window, door or other opening
of dwelling of another; penalties.
1. A person shall not knowingly enter upon
the property or premises of another or upon the property or premises owned by
him or her and leased or rented to another with the intent to surreptitiously
conceal himself or herself on the property or premises and peer, peep or spy
through a window, door or other opening of a building or structure that is used
as a dwelling on the property or premises.
2. A person who violates subsection 1 is
guilty of:
(a) If the person is in possession of a deadly
weapon at the time of the violation, a category B felony and shall be punished
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 6 years, and may be further punished by a
fine of not more than $5,000.
(b) If the person is not in possession of a
deadly weapon at the time of the violation, but is in possession of a
photographic or digital camera, video camera or other device capable of
recording images or sound at the time of the violation, a gross misdemeanor.
(c) If the person is not in possession of a
deadly weapon or a photographic or digital camera, video camera or other device
capable of recording images or sound at the time of the violation, a
misdemeanor.
3. This section does not apply to:
(a) A law enforcement officer conducting a
criminal investigation or surveillance;
(b) A building inspector, building official or
other similar authority employed by a governmental body while performing his or
her duties; or
(c) An employee of a public utility while
performing his or her duties.
(Added to NRS by 2005, 930)
NRS 200.604 Capturing image of private area of another person; distributing,
disclosing, displaying, transmitting or publishing image of private area of
another person; penalties; exceptions; confidentiality of image.
1. Except as otherwise provided in
subsection 4, a person shall not knowingly and intentionally capture an image
of the private area of another person:
(a) Without the consent of the other person; and
(b) Under circumstances in which the other person
has a reasonable expectation of privacy.
2. Except as otherwise provided in
subsection 4, a person shall not distribute, disclose, display, transmit or
publish an image that the person knows or has reason to know was made in
violation of subsection 1.
3. A person who violates this section:
(a) For a first offense, is guilty of a gross
misdemeanor.
(b) For a second or subsequent offense, is guilty
of a category E felony and shall be punished as provided in NRS 193.130.
4. This section does not prohibit any
lawful law enforcement or correctional activity, including, without limitation,
capturing, distributing, disclosing, displaying, transmitting or publishing an
image for the purpose of investigating or prosecuting a violation of this
section.
5. If a person is charged with a violation
of this section, any image of the private area of a victim that is contained
within:
(a) Court records;
(b) Intelligence or investigative data, reports
of crime or incidents of criminal activity or other information;
(c) Records of criminal history, as that term is
defined in NRS 179A.070; and
(d) Records in the Central Repository for Nevada
Records of Criminal History,
Ê is
confidential and, except as otherwise provided in subsections 6 and 7, must not
be inspected by or released to the general public.
6. An image that is confidential pursuant
to subsection 5 may be inspected or released:
(a) As necessary for the purposes of
investigation and prosecution of the violation;
(b) As necessary for the purpose of allowing a
person charged with a violation of this section and his or her attorney to
prepare a defense; and
(c) Upon authorization by a court of competent
jurisdiction as provided in subsection 7.
7. A court of competent jurisdiction may
authorize the inspection or release of an image that is confidential pursuant
to subsection 5, upon application, if the court determines that:
(a) The person making the application has
demonstrated to the satisfaction of the court that good cause exists for the
inspection or release; and
(b) Reasonable notice of the application and an
opportunity to be heard have been given to the victim.
8. As used in this section:
(a) “Broadcast” means to transmit electronically
an image with the intent that the image be viewed by any other person.
(b) “Capture,” with respect to an image, means to
videotape, photograph, film, record by any means or broadcast.
(c) “Female breast” means any portion of the
female breast below the top of the areola.
(d) “Private area” means the naked or
undergarment clad genitals, pubic area, buttocks or female breast of a person.
(e) “Under circumstances in which the other person
has a reasonable expectation of privacy” means:
(1) Circumstances in which a reasonable
person would believe that he or she could disrobe in privacy, without being
concerned that an image of his or her private area would be captured; or
(2) Circumstances in which a reasonable
person would believe that his or her private area would not be visible to the
public, regardless of whether the person is in a public or private place.
(Added to NRS by 2007, 642)
HAZING
NRS 200.605 Penalties; definition.
1. A person who engages in hazing is
guilty of:
(a) A misdemeanor, if no substantial bodily harm
results.
(b) A gross misdemeanor, if substantial bodily
harm results.
2. Consent of a victim of hazing is not a
valid defense to a prosecution conducted pursuant to this section.
3. For the purposes of this section, an
activity shall be deemed to be “forced” if initiation into or affiliation with
a student organization, academic association or athletic team is directly or
indirectly conditioned upon participation in the activity.
4. As used in this section, “hazing” means
an activity in which a person intentionally or recklessly endangers the
physical health of another person for the purpose of initiation into or
affiliation with a student organization, academic association or athletic team
at a high school, college or university in this state. The term:
(a) Includes, without limitation, any physical
brutality or brutal treatment, including, without limitation, whipping,
beating, branding, forced calisthenics, exposure to the elements or forced
consumption of food, liquor, drugs or other substances.
(b) Does not include any athletic, curricular,
extracurricular or quasi-military practice, conditioning or competition that is
sponsored or approved by the high school, college or university.
(Added to NRS by 1999, 1065)
INTERCEPTION AND DISCLOSURE OF WIRE AND RADIO
COMMUNICATIONS OR PRIVATE CONVERSATIONS
NRS 200.610 Definitions. As
used in NRS 200.610 to 200.690,
inclusive:
1. “Person” includes public officials and
law enforcement officers of the State and of a county or municipality or other
political subdivision of the State.
2. “Wire communication” means the
transmission of writing, signs, signals, pictures and sounds of all kinds by
wire, cable, or other similar connection between the points of origin and
reception of such transmission, including all facilities and services
incidental to such transmission, which facilities and services include, among
other things, the receipt, forwarding and delivering of communications.
3. “Radio communication” means the
transmission of writing, signs, signals, pictures, and sounds of all kinds by
radio or other wireless methods, including all facilities and services
incidental to such transmission, which facilities and services include, among
other things, the receipt, forwarding and delivering of communications. The term
does not include the transmission of writing, signs, signals, pictures and
sounds broadcast by amateurs or public or municipal agencies of the State of
Nevada, or by others for the use of the general public.
(Added to NRS by 1957, 334; A 1985, 512)
NRS 200.620 Interception and attempted interception of wire communication
prohibited; exceptions.
1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, 209.419 and 704.195, it is unlawful for any person to
intercept or attempt to intercept any wire communication unless:
(a) The interception or attempted interception is
made with the prior consent of one of the parties to the communication; and
(b) An emergency situation exists and it is
impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, before the
interception, in which event the interception is subject to the requirements of
subsection 3. If the application for ratification is denied, any use or
disclosure of the information so intercepted is unlawful, and the person who
made the interception shall notify the sender and the receiver of the
communication that:
(1) The communication was intercepted; and
(2) Upon application to the court,
ratification of the interception was denied.
2. This section does not apply to any
person, or to the officers, employees or agents of any person, engaged in the
business of providing service and facilities for wire communication where the
interception or attempted interception is to construct, maintain, conduct or
operate the service or facilities of that person.
3. Any person who has made an interception
in an emergency situation as provided in paragraph (b) of subsection 1 shall,
within 72 hours of the interception, make a written application to a justice of
the Supreme Court or district judge for ratification of the interception. The
interception must not be ratified unless the applicant shows that:
(a) An emergency situation existed and it was
impractical to obtain a court order before the interception; and
(b) Except for the absence of a court order, the
interception met the requirements of NRS
179.410 to 179.515, inclusive.
4. NRS 200.610
to 200.690, inclusive, do not prohibit the
recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the
reception in evidence, of conversations on wire communications installed in the
office of an official law enforcement or fire-fighting agency, or a public
utility, if the equipment used for the recording is installed in a facility for
wire communications or on a telephone with a number listed in a directory, on
which emergency calls or requests by a person for response by the law
enforcement or fire-fighting agency or public utility are likely to be
received. In addition, those sections do not prohibit the recording or
reception in evidence of conversations initiated by the law enforcement or
fire-fighting agency or public utility from such a facility or telephone in
connection with responding to the original call or request, if the agency or
public utility informs the other party that the conversation is being recorded.
(Added to NRS by 1957, 334; A 1973, 1748; 1975, 747; 1983, 120, 681; 1989, 659)
NRS 200.630 Disclosure of existence, content or substance of wire or radio
communication prohibited; exceptions.
1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not disclose the
existence, content, substance, purport, effect or meaning of any wire or radio
communication to any person unless authorized to do so by either the sender or
receiver.
2. This section does not apply to any
person, or the officers, employees or agents of any person, engaged in
furnishing service or facilities for wire or radio communication where the
disclosure is made:
(a) For the purpose of construction, maintenance,
conduct or operation of the service or facilities of such a person;
(b) To the intended receiver or his or her agent
or attorney;
(c) In response to a subpoena issued by a court
of competent jurisdiction; or
(d) On written demand of other lawful authority.
(Added to NRS by 1957, 334; A 1973, 1749; 1989, 660)
NRS 200.640 Unauthorized connection with facilities prohibited. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 200.620, a person shall not make any connection,
either physically or by induction, with the wire or radio communication
facilities of any person engaged in the business of providing service and
facilities for communication unless the connection is authorized by the person
providing the service and facilities.
(Added to NRS by 1957, 335; A 1973, 1749; 1981, 1561)
NRS 200.650 Unauthorized, surreptitious intrusion of privacy by listening
device prohibited. Except as
otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not intrude upon
the privacy of other persons by surreptitiously listening to, monitoring or
recording, or attempting to listen to, monitor or record, by means of any
mechanical, electronic or other listening device, any private conversation
engaged in by the other persons, or disclose the existence, content, substance,
purport, effect or meaning of any conversation so listened to, monitored or
recorded, unless authorized to do so by one of the persons engaging in the
conversation.
(Added to NRS by 1957, 335; A 1973, 1749; 1989, 660)
NRS 200.690 Penalties.
1. A person who willfully and knowingly
violates NRS 200.620 to 200.650,
inclusive:
(a) Shall be punished for a category D felony as
provided in NRS 193.130.
(b) Is liable to a person whose wire or oral
communication is intercepted without his or her consent for:
(1) Actual damages or liquidated damages
of $100 per day of violation but not less than $1,000, whichever is greater;
(2) Punitive damages; and
(3) His or her costs reasonably incurred
in the action, including a reasonable attorney’s fee,
Ê all of which
may be recovered by civil action.
2. A good faith reliance by a public
utility on a written request for interception by one party to a conversation is
a complete defense to any civil or criminal action brought against the public
utility on account of the interception.
(Added to NRS by 1957, 336; A 1967, 474; 1973, 1749; 1995, 1195)
PORNOGRAPHY INVOLVING MINORS
NRS 200.700 Definitions. As
used in NRS 200.700 to 200.760,
inclusive, unless the context otherwise requires:
1. “Performance” means any play, film,
photograph, computer-generated image, electronic representation, dance or other
visual presentation.
2. “Promote” means to produce, direct,
procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise
or possess for the purpose of distribution.
3. “Sexual conduct” means sexual
intercourse, lewd exhibition of the genitals, fellatio, cunnilingus,
bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation,
or the penetration of any part of a person’s body or of any object manipulated
or inserted by a person into the genital or anal opening of the body of
another.
4. “Sexual portrayal” means the depiction
of a person in a manner which appeals to the prurient interest in sex and which
does not have serious literary, artistic, political or scientific value.
(Added to NRS by 1983, 814; A 1995, 950; 2009, 2662)
NRS 200.710 Unlawful to use minor in producing pornography or as subject of
sexual portrayal in performance.
1. A person who knowingly uses,
encourages, entices or permits a minor to simulate or engage in or assist
others to simulate or engage in sexual conduct to produce a performance is
guilty of a category A felony and shall be punished as provided in NRS 200.750.
2. A person who knowingly uses,
encourages, entices, coerces or permits a minor to be the subject of a sexual
portrayal in a performance is guilty of a category A felony and shall be
punished as provided in NRS 200.750, regardless of
whether the minor is aware that the sexual portrayal is part of a performance.
(Added to NRS by 1979, 437; A 1983, 815; 1995, 951, 1196, 1337)
NRS 200.720 Promotion of sexual performance of minor unlawful. A person who knowingly promotes a performance
of a minor:
1. Where the minor engages in or
simulates, or assists others to engage in or simulate, sexual conduct; or
2. Where the minor is the subject of a
sexual portrayal,
Ê is guilty of
a category A felony and shall be punished as provided in NRS
200.750.
(Added to NRS by 1983, 814; A 1995, 951, 1196, 1337)
NRS 200.725 Preparing, advertising or distributing materials depicting
pornography involving minor unlawful; penalty. A
person who knowingly prepares, advertises or distributes any item or material
that depicts a minor engaging in, or simulating, or assisting others to engage
in or simulate, sexual conduct is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 15 years, or by a fine of not
more than $15,000, or by both fine and imprisonment.
(Added to NRS by 1995, 950; A 1995, 1337)
NRS 200.727 Use of Internet to control visual presentation depicting sexual
conduct of person under 16 years of age; penalties.
1. Any person who, knowingly, willfully
and with the specific intent to view any film, photograph or other visual
presentation depicting a person under the age of 16 years engaging in or simulating
sexual conduct, uses the Internet to control such a film, photograph or other
visual presentation is guilty of:
(a) For the first offense, a category C felony
and shall be punished as provided in NRS
193.130.
(b) For any 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.
2. As used in this section, “sexual
conduct” means sexual intercourse, fellatio, cunnilingus, bestiality, anal
intercourse, excretion, sado-masochistic abuse, masturbation, or the
penetration of any object manipulated or inserted by a person into the genital
or anal opening of the body of another.
(Added to NRS by 2009, 2662)
NRS 200.730 Possession of visual presentation depicting sexual conduct of
person under 16 years of age unlawful; penalties. A
person who knowingly and willfully has in his or her possession for any purpose
any film, photograph or other visual presentation depicting a person under the
age of 16 years as the subject of a sexual portrayal or engaging in or
simulating, or assisting others to engage in or simulate, sexual conduct:
1. For the first offense, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 6
years, and may be further punished by a fine of not more than $5,000.
2. For any subsequent offense, is guilty
of a category A felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of life
with the possibility of parole, and may be further punished by a fine of not
more than $5,000.
(Added to NRS by 1983, 814; A 1985, 1412; 1987, 846; 1995, 951, 1196, 1337; 2005, 2876)
NRS 200.735 Exemption for purposes of law enforcement. The provisions of NRS
200.710 to 200.730, inclusive, do not apply to
law enforcement personnel during the investigation or prosecution of a
violation of the provisions of NRS 200.710 to 200.730, inclusive.
(Added to NRS by 1995, 950)
NRS 200.737 Use of electronic communication device by minor to possess,
transmit or distribute sexual images of minor; penalties.
1. A minor shall not knowingly and
willfully use an electronic communication device to transmit or distribute a
sexual image of himself or herself to another person.
2. A minor shall not knowingly and
willfully use an electronic communication device to transmit or distribute a
sexual image of another minor who is older than, the same age as or not more
than 4 years younger than the minor transmitting the sexual image.
3. A minor shall not knowingly and
willfully possess a sexual image that was transmitted or distributed as
described in subsection 1 or 2 if the minor who is the subject of the sexual
image is older than, the same age as or not more than 4 years younger than the
minor who possesses the sexual image. It is an affirmative defense to a
violation charged pursuant to this subsection if the minor who possesses a
sexual image:
(a) Did not knowingly purchase, procure, solicit
or request the sexual image or take any other action to cause the sexual image
to come into his or her possession; and
(b) Promptly and in good faith, and without
retaining or allowing any person, other than a law enforcement agency or a
school official, to access any sexual image:
(1) Took reasonable steps to destroy each
image; or
(2) Reported the matter to a law
enforcement agency or a school official and gave the law enforcement agency or
school official access to each image.
4. A minor who violates subsection 1:
(a) For the first violation:
(1) Is a child in need of supervision, as
that term is used in title 5 of NRS, and is not a delinquent child; and
(2) Is not considered a sex offender or
juvenile sex offender and is not subject to registration or community
notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex
offender pursuant to NRS 179D.010 to 179D.550, inclusive.
(b) For the second or a subsequent violation:
(1) Commits a delinquent act, and the
court may order the detention of the minor in the same manner as if the minor
had committed an act that would have been a misdemeanor if committed by an
adult; and
(2) Is not considered a sex offender or
juvenile sex offender and is not subject to registration or community
notification as a juvenile sex offender pursuant to title 5 of NRS, or as a sex
offender pursuant to NRS 179D.010 to 179D.550, inclusive.
5. A minor who violates subsection 2:
(a) Commits a delinquent act, and the court may
order the detention of the minor in the same manner as if the minor had
committed an act that would have been a misdemeanor if committed by an adult;
and
(b) Is not considered a sex offender or juvenile
sex offender and is not subject to registration or community notification as a
juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant
to NRS 179D.010 to 179D.550, inclusive.
6. A minor who violates subsection 3:
(a) Is a child in need of supervision, as that
term is used in title 5 of NRS, and is not a delinquent child; and
(b) Is not considered a sex offender or juvenile
sex offender and is not subject to registration or community notification as a
juvenile sex offender pursuant to title 5 of NRS, or as a sex offender pursuant
to NRS 179D.010 to 179D.550, inclusive.
7. As used in this section:
(a) “Electronic communication device” means any
electronic device that is capable of transmitting or distributing a sexual
image, including, without limitation, a cellular phone, personal digital
assistant, computer, computer network and computer system.
(b) “Minor” means a person who is under 18 years
of age.
(c) “School official” means a principal, vice
principal, school counselor or school police officer.
(d) “Sexual conduct” has the meaning ascribed to
it in NRS 200.700.
(e) “Sexual image” means any visual depiction,
including, without limitation, any photograph or video, of a minor simulating
or engaging in sexual conduct or of a minor as the subject of a sexual
portrayal.
(f) “Sexual portrayal” has the meaning ascribed
to it in NRS 200.700.
(Added to NRS by 2011, 1060)
NRS 200.740 Determination by court or jury of whether person was minor. For the purposes of NRS
200.710 to 200.737, inclusive, to determine
whether a person was a minor, the court or jury may:
1. Inspect the person in question;
2. View the performance;
3. Consider the opinion of a witness to
the performance regarding the person’s age;
4. Consider the opinion of a medical
expert who viewed the performance; or
5. Use any other method authorized by the
rules of evidence at common law.
(Added to NRS by 1983, 814; A 1995, 951; 2011, 1062)
NRS 200.750 Penalties. A person
punishable pursuant to NRS 200.710 or 200.720 shall be punished for a category A felony by
imprisonment in the state prison:
1. If the minor is 14 years of age or
older, for life with the possibility of parole, with eligibility for parole
beginning when a minimum of 5 years has been served, and shall be further
punished by a fine of not more than $100,000.
2. If the minor is less than 14 years of
age, for life with the possibility of parole, with eligibility for parole
beginning when a minimum of 10 years has been served, and shall be further
punished by a fine of not more than $100,000.
(Added to NRS by 1983, 815; A 1995, 1196; 1997, 1721; 2005, 2876)
NRS 200.760 Forfeiture. All
assets derived from or relating to any violation of NRS
200.366, 200.710 to 200.730,
inclusive, or 201.230 are subject to
forfeiture. A proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.119, inclusive.
(Added to NRS by 1983, 815; A 1985, 639, 1468; 1987, 1384; 1995, 951)
PERFORMANCE OF HEALTH CARE OR SURGICAL PROCEDURE WITHOUT A
LICENSE
NRS 200.800 Definitions. As
used in NRS 200.800 to 200.840,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 200.810 and 200.820
have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 993)
NRS 200.810 “Health care procedure” defined. “Health
care procedure” means any medical procedure, other than a surgical procedure,
that requires a license to perform pursuant to chapters
630 to 637, inclusive, 639 or 640 of
NRS.
(Added to NRS by 2013, 993)
NRS 200.820 “Surgical procedure” defined. “Surgical
procedure” means any invasive medical procedure where a break in the skin is
created and there is contact with the mucosa or any minimally invasive medical
procedure where a break in the skin is created or which involves manipulation
of the internal body cavity beyond a natural or artificial body orifice which
requires a license to perform pursuant to chapters
630 to 637, inclusive, 639 or 640 of
NRS.
(Added to NRS by 2013, 993)
NRS 200.830 Performance of health care procedure without license; penalties. A person who performs a health care procedure
on another person without a license which results in:
1. Substantial bodily harm other than
death to the person who received the procedure:
(a) For a first offense, is guilty of a category
C felony and shall be punished as provided in NRS 193.130.
(b) For 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 2 years and a maximum term of not more than 20
years and shall be further punished by a fine of not less than $2,000 but not
more than $5,000.
2. The death of the person who received
the procedure, unless a greater penalty is provided by statute, 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 and shall be further punished by a fine of not less than $2,000 but not
more than $5,000. A sentence imposed pursuant to this subsection may not be
suspended nor may probation be granted.
(Added to NRS by 2013, 993)
NRS 200.840 Performance of surgical procedure without license; penalties. A person who performs a surgical procedure on
another person without a license which results in:
1. No substantial bodily harm to the
person who received the procedure:
(a) For a first offense, is guilty of a category
C felony and shall be punished as provided in NRS 193.130.
(b) For a second or 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 2 years and a maximum term of not
more than 20 years and shall be further punished by a fine of not less than $2,000
but not more than $5,000.
2. Substantial bodily harm other than
death to the person who received the procedure 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 and shall be
further punished by a fine of not less than $2,000 but not more than $5,000.
3. The death of the person who received
the procedure, unless a greater penalty is provided by statute, 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 and shall be further punished by a fine of not less than $2,000 but not
more than $5,000. A sentence imposed pursuant to this subsection may not be
suspended nor may probation be granted.
(Added to NRS by 2013, 994)
BULLYING BY USE OF ELECTRONIC COMMUNICATION DEVICE
NRS 200.900 Penalties; definitions.
1. A minor shall not knowingly and
willfully use an electronic communication device to transmit or distribute, or
otherwise knowingly and willfully transmit or distribute, an image of bullying
committed against a minor to another person with the intent to encourage,
further or promote bullying and to cause harm to the minor.
2. A minor who violates subsection 1:
(a) For the first violation, is a child in need
of supervision, as that term is used in title 5 of NRS, and is not a delinquent
child; and
(b) For the second or a subsequent violation,
commits a delinquent act, and the court may order the detention of the minor in
the same manner as if the minor had committed an act that would have been a
misdemeanor if committed by an adult.
3. For the purposes of this section, to
determine whether a person who is depicted in an image of bullying is a minor,
the court may:
(a) Inspect the person in question;
(b) View the image;
(c) Consider the opinion of a witness to the
image regarding the person’s age;
(d) Consider the opinion of a medical expert who
viewed the image; or
(e) Use any other method authorized by the rules
of evidence at common law.
4. As used in this section:
(a) “Bullying” means a willful act which is
written, verbal or physical, or a course of conduct on the part of one or more
persons which is not otherwise authorized by law and which exposes a person one
time or repeatedly and over time to one or more negative actions which is
highly offensive to a reasonable person and:
(1) Is intended to cause or actually
causes the person to suffer harm or serious emotional distress;
(2) Poses a threat of immediate harm or
actually inflicts harm to another person or to the property of another person;
(3) Places the person in reasonable fear
of harm or serious emotional distress; or
(4) Creates an environment which is
hostile to a pupil by interfering with the education of the pupil.
(b) “Electronic communication device” means any
electronic device that is capable of transmitting or distributing an image of
bullying, including, without limitation, a cellular telephone, personal digital
assistant, computer, computer network and computer system.
(c) “Image of bullying” means any visual
depiction, including, without limitation, any photograph or video, of a minor
bullying another minor.
(d) “Minor” means a person who is under 18 years
of age.
(Added to NRS by 2013, 1634)
