NRS 205.060 Burglary: Definition; penalties; venue; exception. 1

NRS 205.060 Burglary: Definition; penalties; venue; exception.

1. Except as otherwise provided in subsection 5, a person who, by day or night, enters any house,

room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent,

vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the

intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain

money or property by false pretenses, is guilty of burglary.

2. Except as otherwise provided in this section, a person convicted of burglary 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. A person who is convicted of burglary and who has previously been convicted

of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released

on probation or granted a suspension of sentence.

3. Whenever a burglary is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer,

airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable

certainty be ascertained in what county the crime was committed, the offender may be arrested and

tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane,

glider, boat or railroad car traveled during the time the burglary was committed.

4. A person convicted of burglary who has in his or her possession or gains possession of any

firearm or deadly weapon at any time during the commission of the crime, at any time before leaving

the structure or upon leaving the structure, 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 $10,000.

5. The crime of burglary does not include the act of entering a commercial establishment during

business hours with the intent to commit petit larceny unless the person has previously been convicted:

(a) Two or more times for committing petit larceny within the immediately preceding 7 years; or

(b) Of a felony.

[1911 C&P § 369; A 1953, 31] — (NRS A 1967, 494; 1968, 45; 1971, 1161; 1979, 1440; 1981, 551; 1983, 717;

1989, 1207; 1995, 1215; 2005, 416; 2013, 2987)

NRS 205.380 Obtaining money, property, rent or labor by false pretenses.

1. A person who knowingly and designedly by any false pretense obtains from any other person

any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the

labor of another person not his or her employee, with the intent to cheat or defraud the other person, is

a cheat, and, unless otherwise prescribed by law, shall be punished:

(a) If the value of the thing or labor fraudulently obtained was $650 or more, 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 $10,000, or by both fine and imprisonment. In

addition to any other penalty, the court shall order the person to pay restitution.

(b) If the value of the thing or labor fraudulently obtained was less than $650, for a misdemeanor,

and must be sentenced to restore the property fraudulently obtained, if it can be done, or tender

payment for rent or labor.

2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of

a check or other instrument given in payment for:

(a) Property which can be returned in the same condition in which it was originally received;

(b) Rent; or

(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before

the labor was performed and the actual cost of the labor does not exceed the estimate,

 stops payment on that instrument and fails to return or offer to return the property in that condition,

or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that

the instrument has not been paid by the drawee.

3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address

shown on the instrument. The notice must include a statement of the penalties set forth in this section.

Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent

to defraud.

4. A notice in boldface type clearly legible and in substantially the following form must be posted in

a conspicuous place in every principal and branch office of every bank and in every place of business in

which retail selling is conducted or labor is performed for the public and must be furnished in written

form by a landlord to a tenant:

The stopping of payment on a check or other instrument given in payment for property which

can be returned in the same condition in which it was originally received, rent or labor which was

completed in a workmanlike manner, and the failure to return or offer to return the property in

that condition or to specify in what way the labor was deficient within 5 days after receiving

notice of nonpayment is punishable:

1. If the value of the property, rent or labor fraudulently obtained was $650 or more, as 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 $10,000, or by both

fine and imprisonment.

2. If the value of the property, rent or labor so fraudulently obtained was less than $650, as

a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not

more than $1,000, or by both fine and imprisonment.

[1911 C&P § 439; A 1951, 29] — (NRS A 1967, 504; 1977, 1416; 1979, 1072, 1446, 1713; 1981, 2017; 1985,

251, 456; 1989, 1436; 1993, 1518; 1995, 1224; 1997, 9; 1999, 397; 2005, 1082; 2011, 168)

NRS 484D.335 Criminal penalties.

1. A person is guilty of a category B felony and shall be punished by imprisonment in the state

prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by

a fine of not more than $10,000, or by both fine and imprisonment, if the person knowingly sells a

motor vehicle whose odometer has been altered for the purpose of fraud.

2. Except as otherwise provided in subsection 1, any person who violates the provisions of NRS

484D.300 to 484D.345, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1973, 373; A 1979, 1390; 2007, 3223) — (Substituted in revision for NRS 484.6067)

NRS 205.0835 Penalties.

1. Unless a greater penalty is imposed by a specific statute and unless the provisions of NRS

205.08345 apply under the circumstances, a person who commits theft in violation of any provision of

NRS 205.0821 to 205.0835, inclusive, shall be punished pursuant to the provisions of this section.

2. If the value of the property or services involved in the theft is less than $650, the person who

committed the theft is guilty of a misdemeanor.

3. If the value of the property or services involved in the theft is $650 or more but less than $3,500,

the person who committed the theft is guilty of a category C felony and shall be punished as provided in

NRS 193.130.

4. If the value of the property or services involved in the theft is $3,500 or more, the person who

committed the theft 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

by a fine of not more than $10,000.

5. In addition to any other penalty, the court shall order the person who committed the theft to

pay restitution.

(Added to NRS by 1989, 1205; A 1995, 1216; 1997, 340; 2007, 683; 2011, 162)

NRS 205.222 Grand larceny: Penalties.

1. Unless a greater penalty is imposed by a specific statute, a person who commits grand larceny in

violation of NRS 205.220 shall be punished pursuant to the provisions of this section.

2. If the value of the property involved in the grand larceny is less than $3,500, the person who

committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS

193.130.

3. If the value of the property involved in the grand larceny is $3,500 or more, the person who

committed the 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 1 year and a maximum term of not more than 10

years, and by a fine of not more than $10,000.

4. In addition to any other penalty, the court shall order the person who committed the grand

larceny to pay restitution.

5. If the grand larceny involved a sale in violation of subsection 3 or 4 of NRS 205.220, all proceeds

from the sale are subject to forfeiture.

(Added to NRS by 1997, 339; A 2011, 164)

NRS 205.228 Grand larceny of motor vehicle; penalty.

1. A person who intentionally steals, takes and carries away, drives away or otherwise removes a

motor vehicle owned by another person commits grand larceny of a motor vehicle.

2. Except as otherwise provided in subsection 3, a person who commits grand larceny of a motor

vehicle is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3. If the prosecuting attorney proves that the value of the motor vehicle involved in the grand

larceny is $3,500 or more, the person who committed the grand larceny of the motor vehicle 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 by a fine of not more than

$10,000.

4. In addition to any other penalty, the court shall order the person who committed the grand

larceny of the motor vehicle to pay restitution.

(Added to NRS by 1997, 340; A 2011, 164)

NRS 453.316 Unlawful to open or maintain place for unlawful sale, gift or use of controlled

substance; penalties; probation or suspension of sentence for certain repeat offenders not allowed.

1. A person who opens or maintains any place for the purpose of unlawfully selling, giving away or

using any controlled substance is guilty of a category B felony and shall be punished by imprisonment in

the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6

years, and may be further punished by a fine of not more than $10,000, except as otherwise provided in

subsection 2.

2. If a person convicted of violating this section has previously been convicted of violating this

section, or if, in the case of a first conviction of violating this section, the person has been convicted of

an offense under the laws of the United States or any state, territory or district which, if committed in

this State, would amount to a felony under this section, the person is guilty of a category B felony and

shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a

maximum term of not more than 10 years, and may be further punished by a fine of not more than

$20,000. The court shall not grant probation to or suspend the sentence of a person convicted of

violating this section if the person has been previously convicted under this section or of any other

offense described in this subsection.

3. This section does not apply to any rehabilitation clinic established or licensed by the Division of

Public and Behavioral Health of the Department.

(Added to NRS by 1971, 2018; A 1973, 1406; 1977, 1410; 1979, 1471; 1995, 1281)

NRS 205.270 Penalty for taking property from person of another under circumstances not

amounting to robbery; limitation on granting of probation or suspension of sentence.

1. A person who, under circumstances not amounting to robbery, with the intent to steal or

appropriate to his or her own use, takes property from the person of another, without the other

person’s consent, is guilty of:

(a) If the value of the property taken is less than $3,500, a category C felony and shall be punished as

provided in NRS 193.130; or

(b) If the value of the property taken is $3,500 or more, 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 by a fine of not more than $10,000.

2. In addition to any other penalty, the court shall order the person to pay restitution.

3. The court shall not grant probation to or suspend the sentence of any person convicted of

violating subsection 1 if the person from whom the property was taken has any infirmity caused by age

or other physical condition.

[1911 C&P § 557; RL § 6822; NCL § 10502] — (NRS A 1967, 500; 1979, 1445; 1985, 1868; 1995, 1222; 1997,

343; 2011, 165)

NRS 205.275 Offense involving stolen property: Definition; penalty; restitution; prima facie

evidence; determination of value of property.

1. Except as otherwise provided in NRS 501.3765, a person commits an offense involving stolen

property if the person, for his or her own gain or to prevent the owner from again possessing the

owner’s property, buys, receives, possesses or withholds property:

(a) Knowing that it is stolen property; or

(b) Under such circumstances as should have caused a reasonable person to know that it is stolen

property.

2. A person who commits an offense involving stolen property in violation of subsection 1:

(a) If the value of the property is less than $650, is guilty of a misdemeanor;

(b) If the value of the property is $650 or more but less than $3,500, is guilty of a category C felony

and shall be punished as provided in NRS 193.130; or

(c) If the value of the property is $3,500 or more or if the property is a firearm, 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 by a fine of not more than $10,000.

3. In addition to any other penalty, the court shall order the person to pay restitution.

4. A person may be prosecuted and convicted pursuant to this section whether or not the principal

is or has been prosecuted or convicted.

5. Possession by any person of three or more items of the same or a similar class or type of

personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s

identification number has been removed, altered or defaced, is prima facie evidence that the person has

violated this section.

6. For the purposes of this section, the value of the property involved shall be deemed to be the

highest value attributable to the property by any reasonable standard.

7. As used in this section, “stolen property” means property that has been taken from its owner by

larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property,

whether or not the person who committed the taking is or has been prosecuted or convicted for the

offense.

[1911 C&P § 383; A 1951, 29] — (NRS A 1967, 502; 1971, 925; 1979, 561, 1445; 1989, 1434; 1995, 13, 1223,

1323; 1997, 344; 1999, 402; 2011, 166; 2013, 1003)

NRS 453.321 Offer, attempt or commission of unauthorized act relating to controlled or

counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence

for certain repeat offenders.

1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a

person to:

(a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a

controlled or counterfeit substance;

(b) Manufacture or compound a counterfeit substance; or

(c) Offer or attempt to do any act set forth in paragraph (a) or (b).

2. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1

and the controlled substance is classified in schedule I or II, the person is guilty of a category B felony

and shall be punished:

(a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1

year and a maximum term of not more than 6 years, and may be further punished by a fine of not more

than $20,000.

(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender

has previously been convicted of an offense under this section or of any offense under the laws of the

United States or any state, territory or district which, if committed in this State, would amount to an

offense under this section, 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 $20,000.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more

times under this section or of any offense under the laws of the United States or any state, territory or

district which, if committed in this State, would amount to an offense under this section, by

imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of

not more than 15 years, and may be further punished by a fine of not more than $20,000 for each

offense.

3. The court shall not grant probation to or suspend the sentence of a person convicted under

subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

4. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection

1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:

(a) For the first offense, for a category C felony as provided in NRS 193.130.

(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the

offender has previously been convicted of violating this section or of any offense under the laws of the

United States or any state, territory or district which, if committed in this State, would amount to a

violation of this section, 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 $15,000.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more

times of violating this section or of any offense under the laws of the United States or any state,

territory or district which, if committed in this State, would amount to a violation of this section, for a

category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a

maximum term of not more than 15 years, and may be further punished by a fine of not more than

$20,000 for each offense.

5. The court shall not grant probation to or suspend the sentence of a person convicted under

subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

(Added to NRS by 1971, 2018; A 1973, 1213, 1372; 1977, 1411; 1979, 1471, 1667; 1981, 739; 1983, 510; 1995,

1281; 1999, 2637)

NRS 484B.550 Stop required upon signal of peace officer; manner in which signal must be given;

penalties.

1. Except as otherwise provided in this section, the driver of a motor vehicle who willfully fails or

refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a

readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring

the vehicle to a stop is guilty of a misdemeanor.

2. The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.

3. Unless the provisions of NRS 484B.653 apply if, while violating the provisions of subsection 1,

the driver of the motor vehicle:

(a) Is the proximate cause of damage to the property of any other person; or

(b) Operates the motor vehicle in a manner which endangers or is likely to endanger any other

person or the property of any other person,

 the driver 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.

4. If, while violating the provisions of subsection 1, the driver of the motor vehicle is the proximate

cause of the death of or bodily harm to any other person, the driver is guilty of a category B felony and

shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a

maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and

imprisonment.

5. If the driver of the motor vehicle is convicted of a violation of NRS 484C.110 or 484C.120 arising

out of the same act or transaction as a violation of subsection 1, the driver is guilty of a category D

felony and shall be punished as provided in NRS 193.130 for the violation of subsection 1.

(Added to NRS by 1975, 320; A 1979, 1805; 1981, 533; 1983, 1014; 1985, 26; 1989, 1194; 1993, 524; 1995,

1297, 1725; 1997, 547; 2003, 487; 2007, 2728; 2009, 1866) — (Substituted in revision for NRS 484.348)

NRS 193.330 Punishment for attempts.

1. An act done with the intent to commit a crime, and tending but failing to accomplish it, is an

attempt to commit that crime. A person who attempts to commit a crime, unless a different penalty is

prescribed by statute, shall be punished as follows:

(a) If the person is convicted of:

(1) Attempt to commit a category A felony, 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.

(2) Attempt to commit a category B felony for which the maximum term of imprisonment

authorized by statute is greater than 10 years, 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.

(3) Attempt to commit a category B felony for which the maximum term of imprisonment

authorized by statute is 10 years or less, for a category C felony as provided in NRS 193.130.

(4) Attempt to commit a category C felony, for a category D felony as provided in NRS 193.130,

or 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) Attempt to commit a category D felony, for a category E felony as provided in NRS 193.130,

or 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.

(6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130,

or 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) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony

for which a category is not designated by statute, by imprisonment for not more than one-half the

longest term authorized by statute, or by a fine of not more than one-half the largest sum, prescribed

upon conviction for the commission of the offense attempted, or by both fine and imprisonment.

2. Nothing in this section protects a person who, in an unsuccessful attempt to commit one crime,

does commit another and different one, from the punishment prescribed for the crime actually

committed. A person may be convicted of an attempt to commit a crime, although it appears on the trial

that the crime was consummated, unless the court in its discretion discharges the jury and directs the

defendant to be tried for the crime itself.

[1911 C&P § 26; RL § 6291; NCL § 9975] — (NRS A 1981, 158; 1995, 1168; 1997, 1178; 2013, 977)

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 or 391.281.

(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,

 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 200.508 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,

 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 pursuant to NRS 432B.130 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,

 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; 2015, 2237)

NRS 202.260 Unlawful possession, manufacture or disposition of explosive or incendiary device:

Penalty; exceptions.

1. A person who unlawfully possesses, manufactures or disposes of any explosive or incendiary

device with the intent to destroy life or property is guilty of a category B felony and shall be punished by

imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of

not more than 6 years, and may be further punished by a fine of not more than $5,000.

2. This section does not prohibit a person from possessing, manufacturing or using any material,

component, substance or device as required for the performance of his or her duties related to mining,

agriculture, construction or any other valid occupational purpose, or if the person is authorized by a

governmental entity which has lawful control over such matters to use those items in the performance

of his or her duties.

3. For the purposes of this section, “dispose of” means give, give away, loan, offer, offer for sale,

sell or transfer.

[1911 C&P § 306; RL § 6571; NCL § 10254]—(NRS A 1973, 552; 1979, 1434; 1995, 1205; 2001, 805)

NRS 202.261 Possession of component of explosive or incendiary device with intent to

manufacture explosive or incendiary device: Penalty; exceptions.

1. A person shall not knowingly possess any component of an explosive or incendiary device with

the intent to manufacture an explosive or incendiary device.

2. A person who violates subsection 1 is guilty of a category B felony and shall be punished by

imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of

not more than 6 years, and may be further punished by a fine of not more than $5,000.

3. This section does not prohibit a person from possessing, manufacturing or using any material,

component, substance or device as required for the performance of his or her duties related to mining,

agriculture, construction or any other valid occupational purpose, or if the person is authorized by a

governmental entity which has lawful control over such matters to use those items in the performance

of his or her duties.

(Added to NRS by 2001, 804)

NRS 202.357 Electronic stun device: Use prohibited except for self-defense; possession by certain

persons prohibited; sale, gift or other provision to certain persons prohibited; penalties.

1. Except as otherwise provided in this section, a person shall not use an electronic stun device on

another person for any purpose other than self-defense.

2. Except as otherwise provided in this section, a person shall not have in his or her possession or

under his or her custody or control any electronic stun device if the person:

(a) Has been convicted of a felony in this State or any other state, or in any political subdivision

thereof, or of a felony in violation of the laws of the United States of America, unless the person has

received a pardon and the pardon does not restrict his or her right to bear arms;

(b) Is a fugitive from justice;

(c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

(d) Is illegally or unlawfully in the United States.

3. A child under 18 years of age shall not have in his or her possession or under his or her custody

or control any electronic stun device.

4. Except as otherwise provided in this section, a person within this State shall not sell, give or

otherwise provide an electronic stun device to another person if he or she has actual knowledge that

the other person:

(a) Is a child under 18 years of age;

(b) Has been convicted of a felony in this State or any other state, or in any political subdivision

thereof, or of a felony in violation of the laws of the United States of America, unless the other person

has received a pardon and the pardon does not restrict his or her right to bear arms;

(c) Is a fugitive from justice;

(d) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

(e) Is illegally or unlawfully in the United States.

5. A person who violates the provisions of:

(a) Subsection 1 or paragraph (a) or (b) of subsection 2 is guilty of a category B felony and shall be

punished by imprisonment in the state prison for a minimum term of not less than 1 year and a

maximum term of not more than 6 years, and may be further punished by a fine of not more than

$5,000.

(b) Paragraph (c) or (d) of subsection 2 is guilty of a category D felony and shall be punished as

provided in NRS 193.130.

6. A child who violates subsection 3 commits a delinquent act and the court may order the

detention of the child in the same manner as if the child had committed an act that would have been a

felony if committed by an adult.

7. A person who violates the provisions of subsection 4 is guilty of a category D felony and shall be

punished as provided in NRS 193.130.

8. The provisions of subsections 1, 2 and 4 do not apply to a peace officer who possesses or uses or

sells, gives or otherwise provides to another person an electronic stun device within the scope of his or

her duties.

9. As used in this section, “electronic stun device” means a device that:

(a) Emits an electrical charge or current that is transmitted by projectile, physical contact or other

means; and

(b) Is designed to disable a person or animal temporarily or permanently.

(Added to NRS by 2005, 266)

NRS 203.115 Criminal anarchy.

1. Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or

by assassination of the executive head or of any of the executive officials of government, or by any unlawful means.

2. It is unlawful:

(a) For any person, by word of mouth or writing, to advocate, advise or teach the duty, necessity or propriety of

overthrowing or overturning organized government by force or violence, or by assassination of the executive head or

of any of the executive officials of government, or by any unlawful means;

(b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display

any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching

the doctrine that organized government should be overthrown by force, violence or any unlawful means;

(c) For any person openly, willfully and deliberately to justify by word of mouth or writing the assassination or

unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized

nation having an organized government because of his or her official character, or any other crime, with the intent to

teach, spread or advocate the propriety of the doctrines of criminal anarchy;

(d) For any person to organize or help to organize or become a member of or voluntarily to assemble with any

society, group or assembly of persons formed to teach or advocate such a doctrine;

(e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal

anarchy as defined in subsection 1; or

(f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room willfully

and knowingly to permit therein any assemblage of persons prohibited by paragraph (e), or, after notification that the

premises are so used, to permit such use to be continued.

3. A person who violates the provisions of subsection 2 is guilty of a category B felony and shall be punished

by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more

than 6 years, and may be further punished by a fine of not more than $10,000.

(Added to NRS by 1967, 490; A 1979, 1437; 1995, 1211)

NRS 203.117 Criminal syndicalism.

1. Criminal syndicalism is the doctrine which advocates or teaches crime, sabotage, violence or unlawful

methods of terrorism as a means of accomplishing industrial or political reform.

2. It is unlawful:

(a) For any person, by word of mouth or writing, to advocate or teach the duty, necessity or propriety of crime,

sabotage, violence or other unlawful methods of terrorism as a means of accomplishing industrial or political

reform;

(b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display

any book, paper, document or written matter in any form, containing or advocating, advising or teaching the doctrine

that industrial or political reform should be brought about by crime, sabotage, violence or other unlawful methods of

terrorism;

(c) For any person openly, willfully and deliberately to justify, by word of mouth or writing, the commission or

the attempt to commit crime, sabotage, violence or other unlawful methods of terrorism with the intent to exemplify,

spread or advocate the propriety of the doctrine of criminal syndicalism;

(d) For any person to organize or help to organize or become a member of, or voluntarily to assemble with, any

society, group or assemblage of persons formed to teach or advocate the doctrine of criminal syndicalism;

(e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal

syndicalism as defined in subsection 1; or

(f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room, willfully

and knowingly to permit therein any assemblage of persons prohibited by the provisions of paragraph (e), or, after

notification that the premises are so used, to permit such use to be continued.

3. A person who violates the provisions of subsection 2 is guilty of a category B felony and shall be punished

by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more

than 6 years, and may be further punished by a fine of not more than $5,000.

(Added to NRS by 1967, 491; A 1979, 1437; 1995, 1212)

NRS 205.030 Burning or aiding and abetting burning of property with intent to defraud insurer;

penalty. A person who willfully and with the intent to injure or defraud the insurer sets fire to or burns

or attempts to set fire to or burn, or who causes to be burned or who aids, counsels or procures the

burning of any building, structure or personal property of whatsoever class or character, whether the

property of the person or of another, which is at the time insured by any person, company or

corporation against loss or damage by fire, 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. In addition to

any other penalty, the court shall order the person to pay restitution.

[1911 C&P § 361; A 1927, 228; 1943, 181; 1943 NCL § 10310] — (NRS A 1967, 493; 1979, 1440; 1995, 1214)

NRS 205.226 Grand larceny of firearm; penalty.

1. A person who intentionally steals, takes and carries away a firearm owned by another person

commits grand larceny of a firearm.

2. A person who commits grand larceny of a firearm 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 by a fine of not more than $10,000.

3. In addition to any other penalty, the court shall order the person who committed the grand

larceny of the firearm to pay restitution.

(Added to NRS by 1997, 340)

NRS 205.2707 Penalty for theft of money or property of value of $650 or more from vending

machines; determination of value of property taken includes cost to repair any damage to vending

machine.

1. A person who intentionally steals, takes and carries away property of the value of $650 or more

from vending machines within a period of 1 week is guilty of:

(a) If the value of the property taken is less than $3,500, a category C felony and shall be punished as

provided in NRS 193.130; or

(b) If the value of the property taken is $3,500 or more, 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 by a fine of not more than $10,000.

2. In addition to any other penalty, the court shall order the person to pay restitution.

3. In determining the value of the property taken, the cost of repairing damaged vending machines

and replacing any machine, if necessary, must be added to the value of the property.

(Added to NRS by 1985, 710; A 1989, 1434; 1995, 1222; 1997, 343; 2011, 166)

NRS 213.1243 Release of sex offender: Program of lifetime supervision; required conditions of

lifetime supervision; penalties for violation of conditions; exception to conditions.

1. The Board shall establish by regulation a program of lifetime supervision of sex offenders to

commence after any period of probation or any term of imprisonment and any period of release on

parole. The program must provide for the lifetime supervision of sex offenders by parole and probation

officers.

2. Lifetime supervision shall be deemed a form of parole for:

(a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS

213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and

(b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and

entered into by the State of Nevada pursuant to NRS 213.215.

3. Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime

supervision that the sex offender reside at a location only if:

(a) The residence has been approved by the parole and probation officer assigned to the person.

(b) If the residence is a facility that houses more than three persons who have been released from

prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to

chapter 449 of NRS.

(c) The person keeps the parole and probation officer informed of his or her current address.

4. Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime

supervision that the sex offender, unless approved by the parole and probation officer assigned to the

sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not

knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual

structure, that is designed primarily for use by or for children, including, without limitation, a public or

private school, a school bus stop, a center or facility that provides day care services, a video arcade, an

amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture

theater. The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.

5. Except as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense

listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a

Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a

condition of lifetime supervision that the sex offender:

(a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the

place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for

children, including, without limitation, a public or private school, a school bus stop, a center or facility

that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic

field or a facility for youth sports, or a motion picture theater.

(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring

that is capable of identifying his or her location and producing, upon request, reports or records of his or

her presence near or within a crime scene or prohibited area or his or her departure from a specified

geographic location.

(c) Pay any costs associated with his or her participation under the system of active electronic

monitoring, to the extent of his or her ability to pay.

6. A sex offender placed under the system of active electronic monitoring pursuant to subsection 4

shall:

(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in

working order.

(b) Report any incidental damage or defacement of the electronic monitoring device to the Division

within 2 hours after the occurrence of the damage or defacement.

(c) Abide by any other conditions set forth by the Division with regard to his or her participation

under the system of active electronic monitoring.

7. Except as otherwise provided in this subsection, a person who intentionally removes or disables

or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to

this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person

authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

8. Except as otherwise provided in subsection 7, a sex offender who commits a violation of a

condition imposed on him or her pursuant to the program of lifetime supervision 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.

9. The Board is not required to impose a condition pursuant to the program of lifetime supervision

listed in subsections 3, 4 and 5 if the Board finds that extraordinary circumstances are present and the

Board states those extraordinary circumstances in writing.

10. The Board shall require as a condition of lifetime supervision that the sex offender not have

contact or communicate with a victim of the sexual offense or a witness who testified against the sex

offender or solicit another person to engage in such contact or communication on behalf of the sex

offender, unless approved by the Chief or his or her designee and a written agreement is entered into

and signed.

11. If a court issues a warrant for arrest for a violation of this section, the court shall cause to be

transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History,

notice of the issuance of the warrant for arrest in a manner which ensures that such notice is received

by the Central Repository within 3 business days.

12. For the purposes of prosecution of a violation by a sex offender of a condition imposed upon

him or her pursuant to the program of lifetime supervision, the violation shall be deemed to have

occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of

lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct

constituting the violation took place, in whole or in part, within or outside that county or within or

outside this State.

(Added to NRS by 1995, 415; A 1997, 512, 1189; 2005, 2879; 2007, 1918, 3256; 2009, 1299)

NRS 465.088 Penalties for violation of NRS 465.070 to 465.086, inclusive.

1. A person who violates any provision of NRS 465.070 to 465.086, inclusive, is guilty of a category

B felony and shall be punished:

(a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1

year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both

fine and imprisonment.

(b) For a second or subsequent violation of any of these provisions, by imprisonment in the state

prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and

may be further punished by a fine of not more than $10,000. The court shall not suspend a sentence of

imprisonment imposed pursuant to this paragraph, or grant probation to the person convicted.

2. A person who attempts, or two or more persons who conspire, to violate any provision of NRS

465.070 to 465.086, inclusive, each is guilty of a category B felony and shall be punished by imposing the

penalty provided in subsection 1 for the completed crime, whether or not he or she personally played

any gambling game or used any prohibited device.

(Added to NRS by 1981, 1292; A 1985, 970; 1995, 1295; 2015, 2421)

NRS 199.480 Penalties.

1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to

commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or

second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any

provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking

in violation of NRS 201.300 or a violation of NRS 205.463, each person is guilty of a category B felony

and shall be punished:

(a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree,

arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a

violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468,

sex trafficking in violation of NRS 201.300 or a violation of NRS 205.463, 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

(b) If the conspiracy was to commit murder, 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.

2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be

punished in the manner provided in NRS 207.400.

3. Whenever two or more persons conspire:

(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is

otherwise prescribed by law;

(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;

(c) Falsely to institute or maintain any action or proceeding;

(d) To cheat or defraud another out of any property by unlawful or fraudulent means;

(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful

act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools,

implements or property belonging to or used by another, or with the use or employment thereof;

(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the

perversion or corruption of public justice or the due administration of the law; or

(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal

or unlawful, by criminal or unlawful means,

 each person is guilty of a gross misdemeanor.

[1911 C&P § 112; RL § 6377; NCL § 10061] — (NRS A 1975, 509; 1977, 1416, 1631; 1979, 1424; 1983, 1494;

1995, 1179; 1999, 1343; 2013, 2424)

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)

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,

 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)

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 or 391.281.

(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 202.360 Ownership or possession of firearm by certain persons prohibited; penalties.

1. A person shall not own or have in his or her possession or under his or her custody or control any

firearm if the person:

(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence

as defined in 18 U.S.C. § 921(a)(33);

(b) Has been convicted of a felony in this State or any other state, or in any political subdivision

thereof, or of a felony in violation of the laws of the United States of America, unless the person has

received a pardon and the pardon does not restrict his or her right to bear arms;

(c) Is a fugitive from justice;

(d) Is an unlawful user of, or addicted to, any controlled substance; or

(e) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his

or her custody or control.

 A person who violates the provisions of this subsection is guilty of a category B felony and shall be

punished by imprisonment in the state prison for a minimum term of not less than 1 year and a

maximum term of not more than 6 years, and may be further punished by a fine of not more than

$5,000.

2. A person shall not own or have in his or her possession or under his or her custody or control any

firearm if the person:

(a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a

court of this State, any other state or the United States;

(b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United

States;

(c) Has been found guilty but mentally ill in a court of this State, any other state or the United States;

(d) Has been acquitted by reason of insanity in a court of this State, any other state or the United

States; or

(e) Is illegally or unlawfully in the United States.

 A person who violates the provisions of this subsection is guilty of a category D felony and shall be

punished as provided in NRS 193.130.

3. As used in this section:

(a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

(b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

[2:47:1925; A 1955, 185] + [3:47:1925; NCL § 2304]—(NRS A 1959, 548; 1967, 487; 1979, 1435; 1983, 926;

1985, 453, 594; 1991, 72; 1995, 1208; 1997, 828; 2003, 1352; 2015, 1782, 1806)

NRS 202.380 Sale or possession of tear gas bombs or weapons which are not permitted under

NRS 202.370 to 202.440, inclusive; penalties.

1. A person, other than a convicted person, who within this state knowingly sells or offers for sale,

possesses or transports any form of shell, cartridge or bomb containing or capable of emitting tear gas,

or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the

provisions of NRS 202.370 to 202.440, inclusive, is guilty of a gross misdemeanor.

2. A convicted person who owns or has in his or her possession or under his or her custody or

control any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon

designed for the use of such a shell, cartridge or bomb, is guilty of a category B felony and shall be

punished by imprisonment in the state prison for a minimum term of not less than 1 year and a

maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and

imprisonment.

3. As used in this section, the term “convicted person” has the meaning ascribed to it in NRS

179C.010.

[1:273:1955]—(NRS A 1967, 487; 1975, 116; 1977, 867; 1981, 2051; 1995, 1209)

NRS 205.273 Offense involving stolen vehicle: Definition; penalty; restitution; determination of

value of vehicle.

1. A person commits an offense involving a stolen vehicle if the person:

(a) With the intent to procure or pass title to a motor vehicle which the person knows or has reason

to believe has been stolen, receives or transfers possession of the vehicle from or to another person; or

(b) Has in his or her possession a motor vehicle which the person knows or has reason to believe has

been stolen.

2. The provisions of subsection 1 do not apply to an officer of the law if the officer is engaged in the

performance of his or her duty as an officer at the time of the receipt, transfer or possession of the

stolen vehicle.

3. Except as otherwise provided in subsection 4, a person who violates the provisions of subsection

1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

4. If the prosecuting attorney proves that the value of the vehicle involved is $3,500 or more, the

person who violated the provisions of subsection 1 is guilty of a category B felony and shall be punished

by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of

not more than 10 years, and by a fine of not more than $10,000.

5. In addition to any other penalty, the court shall order the person to pay restitution.

6. For the purposes of this section, the value of a vehicle shall be deemed to be the highest value

attributable to the vehicle by any reasonable standard.

(Added to NRS by 1961, 269; A 1967, 501; 1979, 1445; 1995, 1222; 1997, 344; 2011, 166)

NRS 207.190 Coercion.

1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act

which the other person has a right to do or abstain from doing, to:

(a) Use violence or inflict injury upon the other person or any of the other person’s family, or upon

the other person’s property, or threaten such violence or injury;

(b) Deprive the person of any tool, implement or clothing, or hinder the person in the use thereof;

or

(c) Attempt to intimidate the person by threats or force.

2. A person who violates the provisions of subsection 1 shall be punished:

(a) Where physical force or the immediate threat of physical force is used, for a category B felony by

imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of

not more than 6 years, and may be further punished by a fine of not more than $5,000.

(b) Where no physical force or immediate threat of physical force is used, for a misdemeanor.

[1911 C&P § 475; RL § 6740; NCL § 10424]—(NRS A 1967, 522; 1979, 1455; 1995, 1239)

NRS 453.3385 Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate

and schedule I substances, except marijuana.

1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person

who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly

or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any

substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any

controlled substance which is listed in schedule I, except marijuana, or any mixture which contains any

such controlled substance, shall be punished, unless a greater penalty is provided pursuant to NRS

453.322, if the quantity involved:

(a) Is 4 grams or more, but less than 14 grams, 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 by

a fine of not more than $50,000.

(b) Is 14 grams or more, but less than 28 grams, 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

by a fine of not more than $100,000.

(c) Is 28 grams or more, for a category A felony by imprisonment in the state prison:

(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of

10 years has been served; or

(2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10

years has been served,

 and by a fine of not more than $500,000.

2. As used in this section, “marijuana” does not include concentrated cannabis.

(Added to NRS by 1983, 287; A 1995, 1288; 1997, 905; 1999, 2639; 2015, 3088)

NRS 465.090 Unlawful dissemination of information concerning racing; exemptions; penalty.

1. It is unlawful for a person to furnish or disseminate any information in regard to racing or races,

from any point within this state to any point outside the State of Nevada, by telephone, telegraph,

teletype, radio or any signaling device, with the intention that the information is to be used to induce

betting or wagering on the result of the race or races, or with the intention that the information is to be

used to decide the result of any bet or wager made upon the race or races.

2. This section does not prohibit:

(a) A newspaper of general circulation from printing and disseminating news concerning races that

are to be run or the results of races that have been run;

(b) The furnishing or dissemination of information concerning wagers made in an off-track pari-

mutuel system of wagering approved by the Nevada Gaming Commission; or

(c) Global risk management pursuant to NRS 463.810 and 463.820.

3. A person who violates the provisions of this section is guilty of a category B felony and shall be

punished by imprisonment in the state prison for a minimum term of not less than 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.

[1:134:1941; 1931 NCL § 6225] + [2:134:1941; 1931 NCL § 6225.01] — (NRS A 1967, 588; 1979, 1478; 1989,

711; 1995, 1296; 2015, 1823)

NRS 205.222 Grand larceny: Penalties.

1. Unless a greater penalty is imposed by a specific statute, a person who commits grand larceny in

violation of NRS 205.220 shall be punished pursuant to the provisions of this section.

2. If the value of the property involved in the grand larceny is less than $3,500, the person who

committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS

193.130.

3. If the value of the property involved in the grand larceny is $3,500 or more, the person who

committed the 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 1 year and a maximum term of not more than 10

years, and by a fine of not more than $10,000.

4. In addition to any other penalty, the court shall order the person who committed the grand

larceny to pay restitution.

5. If the grand larceny involved a sale in violation of subsection 3 or 4 of NRS 205.220, all proceeds

from the sale are subject to forfeiture.

(Added to NRS by 1997, 339; A 2011, 164)

NRS 484B.580 Failure to stop at roadblock; penalties.

1. It is unlawful for a person to:

(a) Proceed or travel through an administrative roadblock or a temporary roadblock without

subjecting himself or herself to the traffic control established at the roadblock.

(b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a

temporary roadblock.

2. A person who unlawfully proceeds through an administrative roadblock or a temporary

roadblock shall be punished:

(a) If the person is the direct cause of a death or substantial bodily harm to any person, or damage

to property in excess of $1,000, 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.

(b) If no death, substantial bodily harm or damage to property in excess of $1,000 occurs, for a gross

misdemeanor.

(Added to NRS by 1987, 1073; A 1995, 1298) — (Substituted in revision for NRS 484.3595)

NRS 484C.400 Penalties for first, second and third offenses; segregation of offender; intermittent

confinement; consecutive sentences; aggravating factor.

1. Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as

otherwise provided in NRS 484C.410, a person who violates the provisions of NRS 484C.110 or

484C.120:

(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless the person is allowed to

undergo treatment as provided in NRS 484C.320, the court shall:

(1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection 2 of NRS

484C.420, order the person to pay tuition for an educational course on the abuse of alcohol and

controlled substances approved by the Department and complete the course within the time specified

in the order, and the court shall notify the Department if the person fails to complete the course within

the specified time;

(2) Unless the sentence is reduced pursuant to NRS 484C.320, sentence the person to

imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48

hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies

the person as having violated the provisions of NRS 484C.110 or 484C.120;

(3) Fine the person not less than $400 nor more than $1,000; and

(4) If the person is found to have a concentration of alcohol of 0.18 or more in his or her blood

or breath, order the person to attend a program of treatment for the abuse of alcohol or drugs pursuant

to the provisions of NRS 484C.360.

(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced

pursuant to NRS 484C.330, the court shall:

(1) Sentence the person to:

(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner

provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

(2) Fine the person not less than $750 nor more than $1,000, or order the person to perform an

equivalent number of hours of community service while dressed in distinctive garb that identifies the

person as having violated the provisions of NRS 484C.110 or 484C.120; and

(3) Order the person to attend a program of treatment for the abuse of alcohol or drugs

pursuant to the provisions of NRS 484C.360.

 A person who willfully fails or refuses to complete successfully a term of residential confinement or a

program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

(c) Except as otherwise provided in NRS 484C.340, for a third offense within 7 years, 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 shall be further punished by a fine

of not less than $2,000 nor more than $5,000. An offender who is imprisoned pursuant to the provisions

of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent

and, insofar as practicable, be assigned to an institution or facility of minimum security.

2. 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.

3. A term of confinement imposed pursuant to the provisions of this section may be served

intermittently at the discretion of the judge or justice of the peace, except that a person who is

convicted of a second or subsequent offense within 7 years must be confined for at least one segment

of not less than 48 consecutive hours. This discretion must be exercised after considering all the

circumstances surrounding the offense, and the family and employment of the offender, but any

sentence of 30 days or less must be served within 6 months after the date of conviction or, if the

offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her

sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is

confined must consist of not less than 24 consecutive hours.

4. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560,

484C.410 or 485.330 must run consecutively.

5. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle

at the time of the violation, the court shall consider that fact as an aggravating factor in determining the

sentence of the defendant.

6. For the purpose of determining whether one offense occurs within 7 years of another offense,

any period of time between the two offenses during which, for any such offense, the offender is

imprisoned, serving a term of residential confinement, placed under the supervision of a treatment

provider, on parole or on probation must be excluded.

7. As used in this section, unless the context otherwise requires, “offense” means:

(a) A violation of NRS 484C.110, 484C.120 or 484C.430;

(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the

influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited

by NRS 484C.110, 484C.130 or 484C.430; or

(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set

forth in paragraph (a) or (b).

(Added to NRS by 1983, 1070; A 1985, 1946; 1987, 907, 1136; 1989, 195, 2046; 1991, 218, 836; 1993, 2262,

2892; 1995, 1298, 2471; 1997, 38, 642, 1746; 1999, 52, 2138, 3110, 3416, 3438; 2001, 220, 223, 1884, 2392; 2001

Special Session, 147; 2003, 277, 446, 1490; 2005, 139, 607, 2039; 2005, 22nd Special Session, 102; 2007, 1060,

1450, 2795; 2009, 1867; 2015, 759) — (Substituted in revision for part of NRS 484.3792)

NRS 205.605 Using scanning device or reencoder to defraud.

1. A person shall not:

(a) Use a scanning device to access, read, obtain, memorize or store, temporarily or permanently,

information encoded on the magnetic strip or stripe of a payment card:

(1) Without the permission of the authorized user of the payment card; and

(2) With the intent to defraud the authorized user, the issuer of the payment card or any other

person.

(b) Use a reencoder to place information encoded on the magnetic strip or stripe of a payment card

onto the magnetic strip or stripe of a different card:

(1) Without the permission of the authorized user of the card from which the information is

being reencoded; and

(2) With the intent to defraud the authorized user, the issuer of the payment card or any other

person.

2. A person who violates any provision of this section is guilty of a category B felony and shall be

punished by imprisonment in the state prison for a minimum term of not less than 1 year and a

maximum term of not more than 20 years, and may be further punished by a fine of not more than

$100,000.

3. In addition to any other penalty, the court shall order a person who violates any provision of this

section to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

(a) Repair the credit history or rating of each person who is a victim of the violation; and

(b) Satisfy a debt, lien or other obligation incurred by each person who is a victim of the violation.

(Added to NRS by 2003, 1354)