NRS 484C.460

NRS 484C.460 When court is authorized or required to order installation of device; exceptions; installation and inspection.

      1.  Except as otherwise provided in subsections 2 and 5 and unless the person is assigned to a program pursuant to NRS 484C.394, a court shall order a person convicted of:

      (a) Except as otherwise provided in paragraph (b), a violation of paragraph (a), (b) or (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, to install, at his or her own expense and for a period of not less than 185 days, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

      (b) A violation of:

             (1) NRS 484C.110that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of 0.18 or more in his or her blood or breath;

             (2) NRS 484C.110or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or

             (3) NRS 484C.130or 484C.430, Ê to install, at his or her own expense and for a period of not less than 12 months or more than 36 months, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

      2.  A court may, in the interests of justice, provide for an exception to the provisions of subsection 1 for a person who is convicted of a violation of NRS 484C.110that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, if the court determines that:

      (a) The person is unable to provide a deep lung breath sample for a device, as certified in writing by a physician or an advanced practice registered nurse of the person; or

      (b) The person resides more than 100 miles from a manufacturer of a device or its agent.

      3.  If the court orders a person to install a device pursuant to subsection 1:

      (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

      (b) The person who is required to install the device shall provide proof of compliance to the Department before the person may receive a restricted license or before the driving privilege of the person may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

      4.  A person whose driving privilege is restricted pursuant to this section or NRS 483.490 shall have the device inspected, calibrated, monitored and maintained by the manufacturer of the device or its agent at least one time each 90 days during the period in which the person is required to use the device to determine whether the device is operating properly. Any inspection, calibration, monitoring or maintenance required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly, whether any of the incidents listed in subsection 1 of NRS 484C.470 have occurred and whether the device has been tampered with. If the device has been tampered with, the Director and the manufacturer or its agent shall notify the court that ordered the installation of the device. Upon receipt of such notification and before the court imposes a penalty pursuant to subsection 3 of NRS 484C.470, the court shall afford any interested party an opportunity for a hearing after reasonable notice.

      5.  If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his or her employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      6.  The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to the person or reinstates the driving privilege of the person and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130or 484C.430, imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation.

      (Added to NRS by 1989, 1737; A 1993, 2895; 1997, 3370; 1999, 2140; 2005, 151, 613, 2042; 2005, 22nd Special Session, 105; 2007, 100, 2805; 2015, 762; 2017, 4047; 2019, 508, 2754, 3101) — (Substituted in revision for part of NRS 484.3943)

NRS 179.245 Sealing records after conviction: Persons eligible; petition; notice; hearing; order. [Effective through June 30, 2020.]

      1.  Except as otherwise provided in subsection 6 and NRS 176A.265, 176A.295, 179.247, 179.259, 201.354, 453.3365 and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

      (a) A category A felony, a crime of violence pursuant to NRS 200.408 or burglary pursuant to NRS 205.060after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; 

      (f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

      (g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records of Criminal History;       (b) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

      (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

             (1) Date of birth of the petitioner;

             (2) Specific conviction to which the records to be sealed pertain; and

             (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.

      4.  If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to the sealing of the records after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the prosecuting attorney does not stipulate to the sealing of the records, a hearing on the petition must be conducted.

      5.  If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

      6.  A person may not petition the court to seal records relating to a conviction of:

      (a) A crime against a child;

      (b) A sexual offense;

      (c) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;       (d) A violation of NRS 484C.430;       (e) 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;       (f) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or       (g) A violation of NRS 488.420 or 488.425.       7.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.       8.  As used in this section:       (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.       (b) “Sexual offense” means:              (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.              (2) Sexual assault pursuant to NRS 200.366.              (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.              (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.              (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.              (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.              (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.              (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.              (9) Incest pursuant to NRS 201.180.              (10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.             (11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.              (12) Lewdness with a child pursuant to NRS 201.230.              (13) Sexual penetration of a dead human body pursuant to NRS 201.450.              (14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.              (15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.              (16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.              (17) An attempt to commit an offense listed in this paragraph.       (Added to NRS by 1971, 955; A 1983, 1088; 1991, 303; 1993, 38; 1997, 1673, 1803, 3159; 1999, 647, 648, 649; 2001, 1167, 1692; 2001 Special Session, 261; 2003, 312, 316, 319, 1385; 2005, 2355; 2007, 2751; 2009, 105, 418, 1884; 2013, 107, 980, 1165, 1382; 2015, 909, 1441; 2017, 1328, 1482, 1653, 2413)

NRS 179.259 Sealing records after completion of program for reentry: Persons eligible; procedure; order; inspection of sealed records by certain entities.

      1.  Except as otherwise provided in subsections 3, 4 and 5, 4 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      3.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      4.  The Division of Insurance of the Department of Business and Industry is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.       (b) “Eligible person” means a person who has:              (1) Successfully completed a program for reentry, which the person participated in pursuant to NRS 209.4886, 209.4888, 213.625 or 213.632; and              (2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.       (c) “Program for reentry” means:              (1) A correctional program for reentry of offenders and parolees into the community that is established by the Director of the Department of Corrections pursuant to NRS 209.4887; or              (2) A judicial program for reentry of offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.       (d) “Sexual offense” has the meaning ascribed to it in paragraph (b) of subsection 8 of NRS 179.245.       (Added to NRS by 2001, 1166; A 2003, 26, 2586; 2007, 2753; 2015, 3509; 2017, 2417)

NRS 483.462 Test indicating person less than 21 years of age has concentration of alcohol of 0.02 or more but less than 0.08 in blood or breath; duties of peace officer and Department; order for suspension of license. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

      1.  A peace officer who has received the result of a test given pursuant to NRS 484C.150 or 484C.160 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath shall prepare a written certificate indicating whether the peace officer:

      (a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;

      (b) Served an order of suspension on the person pursuant to subsection 2; and

      (c) Issued the person a temporary license pursuant to subsection 2.

      2.  If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath, the peace officer shall:

      (a) Serve an order of suspension of the license, permit or privilege;

      (b) Seize any license or permit of the person;

      (c) Advise the person that the person has the right to:

             (1) Administrative and judicial review of the suspension; and 

             (2) Have a temporary license;

      (d) If the person requests a temporary license, issue the person a temporary license on a form approved by the Department which becomes effective 24 hours after the person receives the temporary license and expires 120 hours after it becomes effective; and

      (e) Transmit to the Department:

             (1) Any license or permit seized pursuant to paragraph (b); and

             (2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.

      3.  If a person less than 21 years of age to whom a test is given pursuant to NRS 484C.150 or 484C.160 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath, the peace officer shall transmit to the Department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.       4.  The Department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:       (a) Review the result of the test and the written certificate; and       (b) If the Department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at the person’s last known address.       5.  An order for suspension issued by the Department pursuant to subsection 4 must:       (a) Explain the grounds for the suspension;       (b) Indicate the period of the suspension;       (c) Require the person to transmit to the Department any license or permit held by the person; and       (d) Explain that the person has a right to administrative and judicial review of the suspension.       6.  An order for suspension issued by the Department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the Department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the Department specifying the date of mailing.       (Added to NRS by 1997, 3044; A 1999, 2448; 2003, 2557)

NRS 484B.653 Reckless driving, organization of unauthorized speed contests and driving in or facilitating unauthorized trick driving displays prohibited; penalties; court to suspend driver’s license of certain offenders; additional penalties for violation committed in work zone or pedestrian safety zone or if driver is proximate cause of collision with pedestrian or person riding bicycle; court may order impounding vehicle of certain offenders.

      1.  It is unlawful for a person to:

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.

      (b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.

      (c) Organize an unauthorized speed contest on a highway or premises to which the public has access.

      (d) Drive a vehicle in an unauthorized trick driving display on a public highway.

      (e) Facilitate an unauthorized trick driving display on a public highway.

Ê A violation of paragraph (a), (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.

      2.  If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.

      3.  A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense, shall be punished:

             (1) By a fine of not less than $250 but not more than $1,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, shall be punished:

             (1) By a fine of not less than $1,000 but not more than $1,500; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense, shall be punished:

             (1) By a fine of not less than $1,500 but not more than $2,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      4.  A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:

      (a) For the first offense:

             (1) Shall be punished by a fine of not less than $250 but not more than $1,000;

             (2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense:

             (1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;

             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense:

             (1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;

             (2) Shall perform 200 hours of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      5.  In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:

      (a) Shall issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;

      (b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;

      (c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and

      (d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.

      6.  A person who violates paragraph (d) of subsection 1 is guilty of a gross misdemeanor and:

      (a) For the first offense:

             (1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;

             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 364 days.

      (b) For the second offense and each subsequent offense:

             (1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;

             (2) Shall perform 200 hours of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 364 days.

      7.  A person who violates paragraph (e) of subsection 1 is guilty of:

      (a) For the first offense, a misdemeanor and:

             (1) Shall be punished by a fine of not more than $1,000;

             (2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense and each subsequent offense, a gross misdemeanor and:

             (1) Shall be punished by a fine of not less than $1,000 and not more than $1,500;

             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 364 days.

      8.  In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 6 or 7, the court:

      (a) May issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person; 

      (b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order; and

      (c) May issue an order impounding, for a period of 30 days, any vehicle that is registered to the person if the vehicle is used in the commission of the offense. 

      9.  Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on a highway or premises to which the public has access in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.

      10.  A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.

      11.  As used in this section:

      (a) “Facilitate” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized trick driving display or in any other way participate in an unauthorized trick driving display, including, without limitation:

             (1) Using a vehicle to divert, slow, impede or otherwise block traffic with the intent to enable or assist an unauthorized trick driving display; or

             (2) Filming or otherwise recording an unauthorized trick driving display with the intent to promote an unauthorized trick driving display.

      (b) “Organize” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.

      (c) “Trick driving display” means using a vehicle to perform tricks, stunts or other maneuvers on a public highway upon which traffic has been diverted, slowed, impeded or blocked to enable the performing of such tricks, stunts or maneuvers or having such tricks, stunts or maneuvers filmed or otherwise recorded.

      (Added to NRS by 1969, 1486; A 1981, 866; 1983, 1015; 1993, 524; 1995, 1298; 2003, 487, 3244; 2007, 2039; 2011, 1637; 2015, 1578; 2019, 684, 1893, 2654) — (Substituted in revision for NRS 484.377)

NRS 483.460 Mandatory revocation of license, permit or privilege to drive; period of revocation; tolling of period of revocation during imprisonment; eligibility for restricted license; action to carry out court’s order.

      1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 9 of NRS 484B.653.

             (2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.

             (3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.

             (4) A violation of NRS 484C.430 or 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.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484B.550.

      (c) For a period of not less than 185 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.210or 484C.460 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his or her first such offense during the period of required use of the device.

      (b) For 5 years, if it is his or her second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064, 206.330 or 392.148, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      [33:190:1941; A 1943, 268; 1947, 443; 1943 NCL § 4442.32] — (NRS A 1959, 287; 1969, 760, 761, 1508; 1971, 2030; 1973, 586; 1975, 787; 1981, 535, 1922; 1983, 1081; 1989, 1193, 1397, 1736; 1995, 741, 1156, 1165, 1361, 1372, 1917, 2401; 1997, 802, 1742, 2842, 2856, 3367; 1999, 474, 1384, 2135, 3409; 2001, 245, 246; 2003, 1154; 2005, 76, 132, 604; 2007, 2037, 2045, 2787; 2009, 1031, 1863; 2011, 1630; 2013, 2466; 2015, 1632; 2017, 4040; 2019, 681)

NRS 484C.610 Certification of breath-testing devices; creation and maintenance of list of such devices; presumption of accuracy and reliability of device; other evidence of concentration of alcohol in breath not precluded.

      1.  The Committee on Testing for Intoxication shall:

      (a) In the manner set forth in subsection 2, certify a device that the Committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath; and

      (b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the Committee, described by manufacturer and type.

      2.  To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath, the Committee may:

      (a) Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or

      (b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the Director of the Department of Public Safety or the agent of the Director.

      3.  If such a device has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.

      4.  This section does not preclude the admission of evidence of the concentration of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the Committee.

      (Added to NRS by 1983, 1912; A 1985, 1950; 1993, 2074; 1999, 1033, 2458; 2005, 58) — (Substituted in revision for NRS 484.3882)

NRS 200.471 Assault: Definitions; penalties. [Effective through December 31, 2019.]

      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) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

      (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 or other correctional officer of a city or county jail;

             (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

             (6) 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;

             (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

             (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to law enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

             (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to fire fighting or fire prevention; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

             (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to code enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

      (d) “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 633of 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.

      (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) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (i) “Taxicab driver” means a person who operates a taxicab.

      (j) “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; 2017, 226; 2019, 1810)

NRS 205.005 “Set fire to” defined. Any person shall be deemed to have “set fire to” a building, structure or any property mentioned in NRS 205.010 to 205.030, inclusive, whenever any part thereof or anything therein shall be scorched, charred or burned.

      [1911 C&P § 363; RL § 6628; NCL § 10313] — (Substituted in revision for NRS 205.040)

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 200.380 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 the person 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; 2019, 408)

NRS 207.280 False reporting of crimes unlawful. Every person who deliberately reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Department of Public Safety that a felony or misdemeanor has been committed, which causes a law enforcement agency to conduct a criminal or internal investigation, knowing such report to be false, is guilty of a misdemeanor.

      (Added to NRS by 1965, 409; A 1967, 523; 2005, 939)

Mistaken identification is a leading cause of wrongful convictions in the United States. Eyewitness error has been cited as a principal factor in over 70% of cases overturned as a result of DNA testing.

NRS 199.210 Offering false evidence. A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 92; RL § 6357; NCL § 10041] — (NRS A 1971, 150; 1979, 1421; 1995, 1175)

Through the examination of more than 360  DNA exonerations, the Innocence Project has seen many examples of  problems in the foundation or application of forensic science,  including:

• Unreliable or invalid forensic discipline. Studies  have demonstrated that some forensic methods used in criminal  investigations cannot consistently produce accurate results. Bite mark  comparison is an example of an analysis that is unreliable and  inaccurate.
• Insufficient validation of a method. Some of the  forensic disciplines in use may be capable of consistently producing  accurate results, but there has not been sufficient research to  establish validity. Accuracy of a method should be established using  large, well-designed studies. Without these studies, the results of an  analysis cannot be interpreted.  Analysis of shoeprints as a basis of  identifying the unique source of a print is an example of a method that  has not been sufficiently validated.
• Misleading testimony. 
  • Sometimes forensic testimony overstates or exaggerates the  significance of similarities between evidence from a crime scene and  evidence from an individual (a “suspect” or “person of interest”), or  oversimplifies the data. Examples include testimony that suggests a  collection of features is unique or overstates how rare or unusual it  would be to see these features, implying that it is quite likely that  the suspect is the source of the evidence, and testimony that doesn’t  convey all possible conclusions, as can arise with masking in serology  testing.
  • Sometimes forensic testimony understates, downplays, or omits the  significance of an analysis that establishes that an individual should  be excluded as a possible suspect. An example is testimony that an  analysis is “inconclusive” when in fact, the analysis excluded the  suspect.
  • Sometimes forensic testimony fails to include information on the  limitations of the methods used in the analysis, such as the method’s  error rates and situations in which the method has, and has not, been  shown to be valid.
• Like everyone, forensic practitioners can make mistakes, including  mixing up samples or contaminating specimens. These can occur in any  type of science or laboratory testing, even in well-developed and  well-validated fields.
• In some cases, forensic analysts have fabricated results, hidden  exculpatory evidence, or reported results when testing had not been  conducted.

The first major scientific institution to investigate this problem  across the board was the National Academy of Sciences (NAS) in its  report, Strengthening Forensic Science in the United States: A Path Forward, released in 2009. This report noted that “imprecise or exaggerated  expert testimony has sometimes contributed to the admission of erroneous  or misleading evidence.” It also found that some forensic techniques,  particularly those that deal with comparing patterns or features (such  as tire tread impressions, bite marks, fiber, or hair), have not been  subjected to sufficient scientific evaluation, and noted that the  scientific basis for arson investigations should be strengthened.

The same concerns were reiterated and expanded upon in the 2016 report, Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods, and addendum by the President’s Council of Advisors on Science and Technology (PCAST). This report examined the research underlying specific forensic feature  comparison disciplines, evaluated their accuracy and reliability, and  made recommendations to various federal agencies to strengthen these  disciplines. Among the recommendations was the need for better resources  to support judicial training given the changing landscape in the  evaluation of forensic evidence and state of validation of various  forensic techniques.

Reforms and Solutions

The serious problems identified in forensic science and its practice  in the United States can only be addressed by a commitment to reform at  multiple levels. The Innocence Project is working at the national level  to support efforts to improve forensic science disciplines through  research and standards setting, including:

• Ensuring that the National Institute of Standards and Technology  (NIST), a preeminent, independent science agency with measurement  expertise, conducts scientific evaluations of the validity of the  forensic disciplines.
• Increasing funding for research at science-based agencies and  institutions, in accordance with a well-developed strategic plan, to  establish or strengthen the fundamental science underlying forensic  science disciplines.
• Developing rigorous national standards, recommendations for  documentation of forensic sciences, and guidelines for reports and  testimony for those forensic disciplines that have been shown to be  based on robust and reliable science.
• Supporting judicial training and other efforts to ensure that future  decisions in admissibility consider the validity of a forensic test in  general, and the validity of the test as applied in the specific case at  hand.

From 2013 to 2017, the National Commission on Forensic Science (NCFS) advised the nation on this path forward, and provided recommendations  to the attorney general and the director of NIST on several important  topics, including a uniform code of professional responsibility, requirements for report contents, discontinuing the use of the phrase “reasonable degree of scientific certainty”, and the necessity of independent scientific evaluation of the validity of forensic science disciplines.

To improve the quality of forensic science practices in laboratories,  the Innocence Project supports efforts to promote error identification  and prevention, improve transparency of information, and ensure just  outcomes, including:

• Adopting of procedures that reduce the influence of “cognitive  biases” on an analysis, such as preventing access to extraneous and  potentially biasing information.
• Adoption by every forensic science service provider of a root cause analysis procedure, as recommended by the NCFS, the results of which should be transparent and available to the public.
• Continuation of federal funding for the Coverdell Forensic Science Improvement Program to support state and local forensic science service providers and to  ensure independent external investigations when allegations of  negligence or misconduct are made.
• Retrospective review of cases when problems in forensic science are  identified. Examples include the joint microscopic hair comparison  review undertaken by the Federal Bureau of Investigation, the National  Association of Criminal Defense Attorneys, and the Innocence Project,  and reviews conducted by the Texas Forensic Science Commission in  response to complaints filed in the state.
• Establishment of a duty-to-correct mistakes and a duty-to-notify  affected defendants when errors or significant breaches of scientific  principles or ethics are identified.

Lastly, as a matter of fairness and justice, the Innocence Project  supports judicial examination (post-conviction review) in cases in which  unsound science may have contributed to a conviction. Statutes  addressing this issue have recently been passed by Texas and California.

NRS 412.346 Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights.

      1.  No person subject to this Code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.

      2.  No person subject to this Code may interrogate, or request any statement from, an accused or a person suspected of an offense without first:

      (a) Informing him or her of the nature of the accusation;

      (b) Advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial; and

      (c) Advising him or her that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to be represented by a lawyer and that upon his or her request, one will be provided him or her without cost, or, if he or she prefers, he or she may retain counsel of his or her choice, at his or her own expense.

      3.  No person subject to this Code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.

      4.  No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him or her in a trial by court-martial.

      (Added to NRS by 1967, 1319; A 1973, 295)

NRS 412.348 Investigation: Procedure; rights of accused; uncharged offenses.

      1.  No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

      2.  The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon his or her own request he or she shall be represented by civilian counsel if provided by him or her, or military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.

      3.  If an investigation of the subject matter of an offense has been conducted before the accused is charged with an offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.

      4.  If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:

      (a) Present at the investigation;

      (b) Informed of the nature of each uncharged offense investigated; and

      (c) Afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2.

      5.  The requirements of this section are binding on all persons administering this Code but failure to follow them does not divest a military court of jurisdiction.

      (Added to NRS by 1967, 1319; A 2013, 1123)

  NRS 193.130 Categories and punishment of felonies. [Effective July 1, 2020.]

      1.  Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.

      2.  Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:

      (a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.

      (b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.

      (c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.

      (d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.

      (e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100 or paragraph (a) of subsection 2 of NRS 453.336, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.

      [1911 C&P § 18; RL § 6283; NCL § 9967] — (NRS A 1967, 458; 1995, 1167; 1997, 1177; 1999, 1186; 2019, 4419, effective July 1, 2020)

NRS 205.090 Forgery of conveyances, negotiable instruments, stock certificates, wills, and other instruments; utterance of a forged instrument. A person who falsely makes, alters, forges or counterfeits any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, traveler’s check, money order, due bill for the payment of money or property or for the payment of any labor claim, receipt for money or property, power of attorney, any auditor’s warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the Senate or Assembly, or counterfeits or forges the seal or handwriting of another, with the intent to damage or defraud any person, body politic or corporate, whether the person, body politic or corporate, resides in or belongs to this State or not, or utters, publishes, passes or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing it to be false, altered, forged or counterfeited with the intent to prejudice, damage or defraud any person, body politic or corporate, whether the person, body politic or corporate, resides in this State or not, is guilty of forgery, and shall be punished for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      [1911 C&P § 398; A 1941, 308; 1931 NCL § 10350] — (NRS A 1967, 494; 1969, 14; 1973, 174; 1979, 1440; 1995, 1216)

NRS 205.463 Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.

      1.  Except as otherwise provided in subsections 2 and 3, a person who knowingly:

      (a) Obtains any personal identifying information of another person; and

      (b) With the intent to commit an unlawful act, uses the personal identifying information:

             (1) To harm that other person;

             (2) To represent or impersonate that other person to obtain access to any personal identifying information of that other person without the prior express consent of that other person;

             (3) To obtain access to any nonpublic record of the actions taken, communications made or received by, or other activities or transactions of that other person without the prior express consent of that other person; or 

             (4) For any other unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that other person,

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 20 years, and may be further punished by a fine of not more than $100,000.

      2.  Except as otherwise provided in subsection 3, a person who knowingly:

      (a) Obtains any personal identifying information of another person; and

      (b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act,

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

      3.  A person who violates:

      (a) Subsection 1 or 2 by obtaining and using the personal identifying information of an older person or a vulnerable person;

      (b) Subsection 1 or 2 by obtaining and using the personal identifying information of five or more persons;

      (c) Subsection 1 or 2 by causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation; or

      (d) Subsection 2 to avoid or delay being prosecuted for an unlawful act that is punishable as a category A felony or category B felony,

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 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

      4.  In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

      (a) Repair the credit history or rating of the person whose personal identifying information the convicted person obtained and used in violation of subsection 1; and

      (b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the convicted person obtained and used in violation of subsection 1.

      5.  Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.

      (Added to NRS by 1999, 1344; A 2003, 1357; 2005, 2499; 2007, 2169)