NRS Definitions And Penalties (Category A Felony)

Capital punishment, also called the death penalty, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used.

NRS 200.030 Degrees of murder; penalties.

      1.  Murder of the first degree is murder which is:

      (a) Perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing;

      (b) Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person pursuant to NRS 200.5099

      (c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody;

      (d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person; or

      (e) Committed in the perpetration or attempted perpetration of an act of terrorism.

      2.  Murder of the second degree is all other kinds of murder.

      3.  The jury before whom any person indicted for murder is tried shall, if they find the person guilty thereof, designate by their verdict whether the person is guilty of murder of the first or second degree.

      4.  A person convicted of murder of the first degree is guilty of a category A felony and shall be punished:

      (a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances, unless a court has made a finding pursuant to NRS 174.098 that the defendant is a person with an intellectual disability and has stricken the notice of intent to seek the death penalty; or

      (b) By imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

Ê A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole.

      5.  A person convicted of murder of the second degree is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      6.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415;

      (b) “Child abuse” means physical injury of a nonaccidental nature to a child under the age of 18 years;

      (c) “School bus” has the meaning ascribed to it in NRS 483.160;

      (d) “Sexual abuse of a child” means any of the acts described in NRS 432B.100; and

      (e) “Sexual molestation” means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.

      [1911 C&P § 121; A 1915, 67; 1919, 468; 1947, 302; 1943 NCL § 10068] — (NRS A 1957, 330; 1959, 781; 1960, 399; 1961, 235, 486; 1967, 467, 1470; 1973, 1803; 1975, 1580; 1977, 864, 1541, 1627; 1989, 865, 1451; 1995, 257, 1181; 1999, 1335; 2003, 770, 2944; 2007, 74; 2013, 689)

NRS 175.011 Trial by jury.

      1.  In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the State. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.

      2.  In a justice court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial. Except as otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a reporter must be present who is a certified court reporter and shall report the trial.

      (Added to NRS by 1967, 1424; A 1983, 749; 1987, 614; 1993, 1412)

NRS 200.400 Definition; penalties.

      1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Strangulation” has the meaning ascribed to it in NRS 200.481.

      2.  A person who is convicted of battery with the intent to commit mayhem, robbery or grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      3.  A person who is convicted of battery with the intent to kill is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

      4.  A person who is convicted of battery with the intent to commit sexual assault shall be punished:

      (a) If the crime results in substantial bodily harm to the victim or is committed by strangulation, for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole; or

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

      (b) If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole.

      (c) If the crime does not result in substantial bodily harm to the victim and the victim is a child under the age of 16, for a category A felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of life with the possibility of parole.

Ê In addition to any other penalty, a person convicted pursuant to this subsection may be punished by a fine of not more than $10,000.

      [1911 C&P § 148; RL § 6413; NCL § 10095] — (NRS A 1967, 471; 1971, 1385; 1973, 1805; 1977, 1628; 1979, 1426; 1981, 903; 1985, 247; 1991, 123; 1995, 1188; 2005, 2875; 2009, 87; 2015, 2236)

NRS 200.508 Abuse, neglect or endangerment of child: Penalties; definitions.

      1.  A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:

      (a) If substantial bodily or mental harm results to the child:

             (1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

             (2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or

      (b) If substantial bodily or mental harm does not result to the child:

             (1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

             (2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, 

Ê unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

      2.  A person who is responsible for the safety or welfare of a child 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,

Ê unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

      3.  A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.

      4.  As used in this section:

      (a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

      (b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.

      (c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.

      (d) “Physical injury” means:

             (1) Permanent or temporary disfigurement; or

             (2) Impairment of any bodily function or organ of the body.

      (e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior.

      (Added to NRS by 1971, 772; A 1975, 1141; 1977, 738, 1629; 1985, 1399; 1989, 866, 1510, 1512; 1995, 1193; 1997, 850, 1720; 1999, 470, 472; 2001, 1138, 1264; 2003, 22; 2015, 2237)

NRS 484C.440 Penalties for vehicular homicide; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; aggravating factor.

      1.  A person who commits vehicular homicide pursuant to NRS 484C.130 is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  A person imprisoned pursuant to subsection 1 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.

      3.  A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      4.  If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      (Added to NRS by 2005, 138; A 2007, 1454; 2009, 1873) — (Substituted in revision for part of NRS 484.37955)

  NRS 484C.230 Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective July 1, 2020, and 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.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484C.220, the person may request in writing a hearing by the Department to review the order of revocation, but the person is only entitled to one hearing. The hearing must be conducted as soon as is practicable at any location, if the hearing officer permits each party and witness to attend the hearing by telephone, videoconference or other electronic means. The Director or agent of the Director may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. Unless the person is ineligible for a temporary license pursuant to NRS 484C.220, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review. A person who is issued a temporary license is not subject to and is exempt from the requirement to install a device pursuant to NRS 484C.210.

      2.  The scope of the hearing must be limited to the issue of whether the person:

      (a) Failed to submit to a required test provided for in NRS 484C.150 or 484C.160; or

      (b) At the time of the test, had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080.

Ê Upon an affirmative finding on either issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

      3.  If, after the hearing, the order of revocation is affirmed, the person whose license, permit or privilege to drive has been revoked shall, if not previously installed, install a device pursuant to NRS 484C.210.

      4.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233Bof NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review. A person who is issued a temporary license is not subject to and is exempt from the requirement to install a device pursuant to NRS 484C.210.

      5.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to the person’s last known address.

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

      (Added to NRS by 1969, 594; A 1971, 83; 1973, 485, 1504; 1975, 1463; 1981, 85; 1983, 1077; 1985, 1949; 1987, 1456; 1989, 1655; 1991, 1590; 1995, 1887; 1999, 2457, 3427; 2001, 172; 2003, 2562; 2007, 2048; 2015, 2539; 2017, 4046; 2019, 3882, effective July 1, 2020) — (Substituted in revision for NRS 484.387)

List of aggravated felonies   Letter Grade  8 U.S.C. § 1101(a)(43)   (A)  murder, rape, or sexual abuse of a minor;   (B)  illicit trafficking in a controlled  substance (as defined in section 802 of title 21), including a drug  trafficking crime (as defined in section 924(c) of title 18);   (C)  illicit trafficking in firearms or  destructive devices (as defined in section 921 of title 18) or in  explosive materials (as defined in section 841(c) of that title);   (D)  an offense described in section 1956 of  title 18 (relating to laundering of monetary instruments) or section  1957 of that title (relating to engaging in monetary transactions in  property derived from specific unlawful activity) if the amount of the  funds exceeded $10,000;   (E)  an offense described in — (i) section  842(h) or (i) of title 18, or section 844(d), (e), (f), (g), (h), or (i)  of that title (relating to explosive materials offenses); (ii) section  922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or 924(b)  or (h) of title 18 (relating to firearms offenses); or (iii) section  5861 of title 26 (relating to firearms offenses);   (F)  a crime of violence (as defined in section  16 of title 18, but not including a purely political offense) for which  the term of imprisonment is at least one year;   (G)  a theft offense (including receipt of  stolen property) or burglary offense for which the term of imprisonment  is at least one year;   (H)  an offense described in section 875, 876, 877, or 1202 of title 18 (relating to the demand for or receipt of ransom);   (I)  an offense described in section 2251, 2251A, or 2252 of title 18 (relating to child pornography);   (J)  an offense described in section 1962 of  title 18 (relating to racketeer influenced corrupt organizations), or an  offense described in section 1084 (if it is a second or subsequent  offense) or 1955 of that title (relating to gambling offenses), for  which a sentence of one year imprisonment or more may be imposed;   (K)  an offense that — (i) relates to the  owning, controlling, managing, or supervising of a prostitution  business; (ii) is described in section 2421, 2422, or 2423 of title 18  (relating to transportation for the purpose of prostitution) if  committed for commercial advantage; or (iii) is described in any of  sections 1581–1585 or 1588–1591 of title 18 (relating to peonage,  slavery, involuntary servitude, and trafficking in persons);   (L)  an offense described in — (i) section 793  (relating to gathering or transmitting national defense information),  798 (relating to disclosure of classified information), 2153 (relating  to sabotage) or 2381 or 2382 (relating to treason) of title 18; (ii)  section 421 of title 50 (relating to protecting the identity of  undercover intelligence agents); or (iii)section 421 of title 50  (relating to protecting the identity of undercover agents);   (M)  an offense that — (i) involves fraud or  deceit in which the loss to the victim or victims exceeds $10,000; or  (ii) is described in section 7201 of title 26 (relating to tax evasion)  in which the revenue loss to the Government exceeds $10,000;   (N)  an offense described in paragraph (1)(A) or  (2) of section 1324(a) of this title (relating to alien smuggling),  except in the case of a first offense for which the alien has  affirmatively shown that the alien committed the offense for the purpose  of assisting, abetting, or aiding only the alien’s spouse, child, or  parent (and no other individual) to violate a provision of this chapter;   (O)  an offense described in section 1325(a) or  1326 of this title committed by an alien who was previously deported on  the basis of a conviction for an offense described in another  subparagraph of this paragraph;   (P)  an offense (i) which either is falsely  making, forging, counterfeiting, mutilating, or altering a passport or  instrument in violation of section 1543 of title 18 or is described in  section 1546(a) of such title (relating to document fraud) and (ii) for  which the term of imprisonment is at least 12 months, except in the case  of a first offense for which the alien has affirmatively shown that the  alien committed the offense for the purpose of assisting, abetting, or  aiding only the alien’s spouse, child, or parent (and no other  individual) to violate a provision of this chapter;   (Q)  an offense relating to a failure to appear  by a defendant for service of sentence if the underlying offense is  punishable by imprisonment for a term of 5 years or more;   (R)  an offense relating to commercial bribery,  counterfeiting, forgery, or trafficking in vehicles the identification  numbers of which have been altered for which the term of imprisonment is  at least one year;   (S)  an offense relating to obstruction of  justice, perjury or subornation of perjury, or bribery of a witness, for  which the term of imprisonment is at least one year;   (T)  an offense relating to a failure to appear  before a court pursuant to a court order to answer to or dispose of a  charge of a felony for which a sentence of 2 years’ imprisonment or more  may be imposed; and   (U)  an attempt or conspiracy to commit an offense described in this paragraph.   

The definition of aggravated felony has significantly expanded since its  inception in 1988. A series of amendments have expanded its reach to  the point that an aggravated felony need not be aggravated, nor a  felony, to trigger the consequences of such a conviction. In United States of America v. Winston C. Graham,  169 F.3d 787 (3rd Cir. 1999), the Third Circuit Court of Appeals held  that the respondent's 1990 petit larceny, a Class A misdemeanor with a  maximum of one year imprisonment under New York law, constitutes an  aggravated felony.[4] 

This  case requires us to determine whether a misdemeanor can be an  "aggravated felony" under a provision of federal law even if it is not,  technically speaking, a felony at all. The particular question before us  is whether petit larceny, a class A misdemeanor under New York law that  carries a maximum sentence of one year, can subject a federal defendant  to the extreme sanctions imposed by the "aggravated felon"  classification. Despite our misgivings that, in pursuit of a clearly  defined legislative goal (to severely punish unlawful reentry into this  country), a carelessly drafted piece of legislation has improvidently,  if not inadvertently, broken the historic line of division between  felonies and misdemeanors, we conclude that Congress was sufficiently  clear in its intent to include certain crimes with one-year sentences in  the definition of "aggravated felony"...[5]
— Becker, Chief Judge, U.S. Court of Appeals for the Third Circuit

In Lopez v. Gonzales, 549 U.S. 47 (2006), the Supreme Court ruled that because immigration law is under the control of the federal  government, the definitions of any terms on the aggravated felony list  comes from federal law, not state law. This holding calls into question  the result in Graham because under federal law a crime must be  punishable by imprisonment for a term "exceeding" one year in order to  be considered an aggravated felony, otherwise it is cruel and unusual punishment under the Eighth Amendment to the United States Constitution. In 18 U.S.C. § 921(a)(20), Congress explains that the term "crime punishable by imprisonment for a term exceeding one year does not include ... any State offense classified by the laws of the  State as a misdemeanor and punishable by a term of imprisonment of two  years or less." 

In Leocal v. Ashcroft, 543 U.S. 1 (2004), the Court ruled that driving under the influence is not an aggravated felony if the DUI statute that defines the offense does not contain a mens rea element or otherwise allows a conviction for merely negligent conduct. 

In Popal v. Gonzales,  416 F.3d 249, 254 (3d Cir. 2005), the Third Circuit Court of Appeals  held that Pennsylvania simple assault does not constitute crime of violence under 18 USC § 16(a) and is therefore not an aggravate felony.[6] 

In Sessions v. Dimaya,  The Supreme Court struck down the "residual clause", which classified  every felony that, "by its nature, involves a substantial risk" of  "physical force against the person or property" as an aggravated felony  

An alien convicted of an aggravated felony may not: 

• enter the United States without being pardoned or paroled by the government
• have removal orders cancelled without specific authorization of the Attorney General
• receive asylum in the United States, although he or she may possibly qualify for the United Nations Convention against Torture (CAT) but depending on the case and situation of his or hers country of origin
• become a citizen of the United States[7]

At the same time, any alien convicted of an aggravated felony is automatically subject to expedited removal intended to ensure that the deportation occurs as soon as the alien is  released from prison after serving the sentence imposed for the  underlying crime.  These deportation orders are not subject to review by  the federal courts, although federal courts have ruled that they may  determine which crime constitutes an aggravated felony. 

IIRIRA required that any alien convicted of an aggravated felony  must be detained while awaiting removal, resulting in the detention of  far more aliens than before the Act took effect. In Demore v. Kim, 538 U.S. 510 (2003), the Court ruled that the mandatory detention provision of IIRIRA was constitutional. 

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

      (d) “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 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, without limitation, 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.

      (e) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

      (f) “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.

      (g) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (h) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (i) “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.

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

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

      (l) “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

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 3 of NRS 484C.420, order the person to pay tuition for an educational course on alcohol or other substance use disorders 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 an alcohol or other substance use disorder 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 or the person is assigned to a program pursuant to NRS 484C.394, 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 an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.

Ê 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 and unless the person is assigned to a program pursuant to NRS 484C.394, 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:

      (a) When evidenced by a conviction; or

      (b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

Ê 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.320or 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 485.330must 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.130or 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; 2017, 3028; 2019, 2752) — (Substituted in revision for part of NRS 484.3792)

NRS 484C.410 Penalties when offender previously convicted of certain felonious conduct or homicide; segregation of offender; intermittent confinement; consecutive sentences; aggravating factor.

      1.  Unless a greater penalty is provided in NRS 484C.440, a person who has previously been convicted of:

      (a) 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;

      (b) A violation of NRS 484C.430;

      (c) 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.130or 484C.430;

      (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c); or

      (e) A violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 that was reduced from a felony pursuant to NRS 484C.340,

Ê and who violates the provisions of NRS 484C.110 or 484C.120 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 shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned 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 which is listed in paragraphs (a) to (e), inclusive, of subsection 1 that occurred on any date 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 for 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.320or 484C.330 and the suspension of offender’s 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.400 or 485.330must 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.130or 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, 761) — (Substituted in revision for part of NRS 484.3792)

  NRS 484C.430 Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; exception; aggravating factor. [Effective on 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.  Unless a greater penalty is provided pursuant to NRS 484C.440, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.10 or more in his or her blood or breath;

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his or her blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle; or

      (f) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, 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 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned 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.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  Except as otherwise provided in subsection 4, if consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.10 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant is also charged with violating the provisions of NRS 484E.010, 484E.020 or 484E.030, the defendant may not offer the affirmative defense set forth in subsection 3.

      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.

      (Added to NRS by 1973, 447; A 1979, 1484; 1981, 1926; 1983, 1073; 1985, 818, 1015; 1989, 1111; 1991, 220, 489, 498, 837; 1995, 312, 1300, 2473; 1997, 644; 1999, 2452, 3422; 2001, 172; 2003, 1492, 2560; 2005, 144, 145; 2007, 1453; 2015, 1364; 2017, 308, effective on 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) — (Substituted in revision for NRS 484.3795)

NRS 201.220 Indecent or obscene exposure; penalty.

      1.  A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:

      (a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

      [Part 1911 C&P § 195; A 1921, 112; NCL § 10142] — (NRS A 1965, 1465; 1967, 476; 1973, 96, 255, 1406; 1977, 867; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1200, 1327; 1997, 2501, 3189; 2015, 2240; 2017, 1381, 2983)

NRS 201.230 Lewdness with child under 16 years; penalties.

      1.  A person is guilty of lewdness with a child if he or she:

      (a) Is 18 years of age or older and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child; or

      (b) Is under the age of 18 years and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child.

      2.  Except as otherwise provided in subsections 4 and 5, a person who commits lewdness with a child under the age of 14 years 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, and may be further punished by a fine of not more than $10,000.

      3.  Except as otherwise provided in subsection 4, a person who commits lewdness with a child who is 14 or 15 years of age 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.

      4.  Except as otherwise provided in subsection 5, a person who commits lewdness with a child and who has been previously convicted of:

      (a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      5.  A person who is under the age of 18 years and who commits lewdness with a child under the age of 14 years commits a delinquent act.

      6.  For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 6 of NRS 200.366.

      [1911 C&P § 195 1/2; added 1925, 17; A 1947, 24; 1943 NCL § 10143] — (NRS A 1961, 92; 1967, 477; 1973, 96, 255, 1406; 1977, 867, 1632; 1979, 1430; 1983, 207; 1991, 1009; 1995, 1200; 1997, 1722, 2502, 3190; 1999, 470, 472; 2003, 2826; 2005, 2877; 2015, 2241)

NRS 201.300 Pandering and sex trafficking: Definitions; penalties; exception.

      1.  A person who without physical force or the immediate threat of physical force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution is guilty of pandering which is a category C felony and shall be punished as provided in NRS 193.130. This subsection does not apply to the customer of a prostitute. 

      2.  A person:

      (a) Is guilty of sex trafficking if the person:

             (1) Induces, causes, recruits, harbors, transports, provides, obtains or maintains a child to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (2) Induces, recruits, harbors, transports, provides, obtains or maintains a person by any means, knowing, or in reckless disregard of the fact, that threats, violence, force, intimidation, fraud, duress or coercion will be used to cause the person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (3) By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (4) Takes or detains a person with the intent to compel the person by force, violence, threats or duress to marry him or her or any other person; or

             (5) Receives anything of value with the specific intent of facilitating a violation of this paragraph.

      (b) Who is found guilty of sex trafficking:

             (1) An adult 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 10 years, and may be further punished by a fine of not more than $10,000.

             (2) A child:

                   (I) If the child is less than 14 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of not more than $20,000.

                   (II) If the child is at least 14 years of age but less than 16 years of age when the offense is committed, 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, and may be further punished by a fine of not more than $10,000.

                   (III) If the child is at least 16 years of age but less than 18 years of age when the offense is committed, 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 5 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  A court shall not grant probation to or suspend the sentence of a person convicted of sex trafficking a child pursuant to subsection 2.

      4.  Consent of a victim of pandering or sex trafficking to an act of prostitution is not a defense to a prosecution for any of the acts prohibited by this section.

      5.  In a prosecution for sex trafficking a child pursuant to subsection 2, it is not a defense that the defendant did not have knowledge of the victim’s age, nor is reasonable mistake of age a valid defense to a prosecution conducted pursuant to subsection 2.

      [1:233:1913; 1919 RL p. 3379; NCL § 10537] — (NRS A 1959, 7; 1967, 477; 1977, 1054; 1979, 1430; 1995, 1201; 1997, 295; 2013, 2430; 2019, 796)

NRS 201.354 Engaging in prostitution or solicitation for prostitution: Provision of certain information; criminal penalties; civil penalty; discharge and dismissal.

      1.  It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

      2.  Any person who violates subsection 1 by soliciting for prostitution:

      (a) A peace officer who is posing as a child; or

      (b) A person who is assisting a peace officer by posing as a child,

Ê is guilty of soliciting a child for prostitution.

      3.  A prostitute who violates subsection 1 is guilty of a misdemeanor. A peace officer who:

      (a) Detains, but does not arrest or issue a citation to a prostitute for a violation of subsection 1 shall, before releasing the prostitute, provide information regarding and opportunities for connecting with social service agencies that may provide assistance to the prostitute. The Department of Health and Human Services shall assist law enforcement agencies in providing information regarding and opportunities for connecting with such social service agencies pursuant to this paragraph.

      (b) Arrests or issues a citation to a prostitute for a violation of subsection 1 shall, before the prostitute is released from custody or cited:

             (1) Inform the prostitute that he or she may be eligible for assignment to a preprosecution diversion program established pursuant to NRS 174.032; and

             (2) Provide the information regarding and opportunities for connecting with social service agencies described in paragraph (a).

      4.  Except as otherwise provided in subsection 6, a customer who violates this section:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.

      (b) For a second offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $800.

      (c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.

      5.  In addition to any other penalty imposed, the court shall order a person who violates subsection 4 to pay a civil penalty of not less than $200 per offense. The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection:

      (a) Is not within the person’s present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.

      (b) Is not entirely within the person’s present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.

      6.  A customer who violates this section by soliciting a child for prostitution:

      (a) For a first offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.

      (b) For a second offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (c) For a third or subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and maximum term of not more than 6 years, and may be further punished by a fine of not more than $15,000. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.

      7.  Any civil penalty collected by a district attorney or city attorney pursuant to subsection 5 must be deposited in the county or city treasury, as applicable, to be used for:

      (a) The enforcement of this section; and 

      (b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

Ê Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.

      8.  If a person who violates subsection 1 is ordered pursuant to NRS 4.373or 5.055 to participate in a program for the treatment of persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to any person. A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

      9.  Except as limited by subsection 10, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 8, the court shall, without a hearing, order sealed all documents, papers and exhibits in that 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 shall cause a copy of the order to be sent 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.

      10.  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.

      11.  If, at any time before the trial of a prostitute charged with a violation of subsection 1, the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge. As used in this subsection, “sex trafficking” means a violation of subsection 2 of NRS 201.300.

      (Added to NRS by 1987, 2027; A 1991, 462; 2009, 1245; 2015, 1003; 2017, 1656; 2019, 1910, 3365)

NRS 200.310 KIDNAPPING Degrees.

      1.  A person who willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away a person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon the person, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of the kidnapped person, and a person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor, or with the intent to hold the minor to unlawful service, or perpetrate upon the person of the minor any unlawful act is guilty of kidnapping in the first degree which is a category A felony.

      2.  A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned within the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person’s will, is guilty of kidnapping in the second degree which is a category B felony.

      [1:165:1947; 1943 NCL § 10612.05] — (NRS A 1959, 20; 1979, 39; 1987, 495; 1995, 1184)

NRS 200.320 Kidnapping in first degree: Penalties. A person convicted of kidnapping in the first degree is guilty of a category A felony and shall be punished:

      1.  Where the kidnapped person suffers substantial bodily harm during the act of kidnapping or the subsequent detention and confinement or in attempted escape or escape therefrom, by imprisonment in the state prison:

      (a) For life without the possibility of parole;

      (b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

      (c) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.

      2.  Where the kidnapped person suffers no substantial bodily harm as a result of the kidnapping, by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served.

      [2:165:1947; 1943 NCL § 10612.06] — (NRS A 1967, 469; 1973, 1804; 1995, 1184)

NRS 200.330 Kidnapping in second degree: Penalties. A person convicted of kidnapping in the second degree is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $15,000.

      [3:165:1947; 1943 NCL § 10612.07] — (NRS A 1967, 469; 1979, 1425; 1995, 1185)

NRS 200.340 Penalty for aiding or abetting.

      1.  A person who aids and abets kidnapping in the first degree is guilty of a category A felony and shall be punished for kidnapping in the first degree as provided in NRS 200.320.

      2.  A person who aids and abets kidnapping in the second degree is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

      [4:165:1947; 1943 NCL § 10612.08] — (NRS A 1967, 470; 1995, 1185)

NRS 200.350 Where proceedings may be instituted; consent is not defense.

      1.  Any proceedings for kidnapping may be instituted either in the county where the offense was committed or in any county through or in which the person kidnapped or confined was taken or kept while under confinement or restraint.

      2.  Upon the trial for violation of NRS 200.310 to 200.350, inclusive, the consent thereto of the person kidnapped or confined shall not be a defense unless it appears satisfactorily to the jury that such person was above the age of 18 years and that the person’s consent was not extorted by threats, duress or fraud.

      [5:165:1947; 1943 NCL § 10612.09]

NRS 201.540 Sexual conduct between certain employees of school or volunteers at school and pupil: Penalty; exception.

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

      (a) Is 21 years of age or older;

      (b) Is or was employed by a public school or private school in a position of authority or is or was volunteering at a public or private school in a position of authority; and

      (c) Engages in sexual conduct with a pupil who is 16 years of age or older, who has not received a high school diploma, a general educational development certificate or an equivalent document and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

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

      2.  The provisions of this section do not apply to a person who is married to the pupil at the time an act prohibited by this section is committed.

      3.  The provisions of this section must not be construed to apply to sexual conduct between two pupils.

      (Added to NRS by 1997, 2522; A 2001, 703; 2013, 2098; 2015, 1445, 2242; 2017, 2320)

NRS 201.555 Sexual conduct between certain employees or contractors of or volunteers for entity providing services to children and children under care, custody, control or supervision of entity: Penalty; exception.

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

      (a) Is 25 years of age or older;

      (b) Is in a position of authority as an employee or contractor of or volunteer for an entity which provides services to children; and

      (c) Engages in sexual conduct with a person who is 16 years of age or older but less than 18 years of age and:

             (1) Who is under the care, custody, control or supervision of the entity at which the person is employed or volunteering or of which the person is a contractor; and

             (2) With whom the person has had contact in the course of performing his or her duties as an employee, contractor or volunteer,

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

      2.  The provisions of this section do not apply to a person who is an employee or contractor of or volunteer for an entity which provides services to children and who is married to the person under the care, custody, control or supervision of the entity at the time an act prohibited by this section is committed.

      3.  A person convicted pursuant to this section is not subject to the registration or community notification requirements of chapter 179D of NRS.

      4.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Department of juvenile justice services” means:

             (1) In a county whose population is less than 100,000, the probation department of the juvenile court established pursuant to NRS 62G.010 to 62G.070, inclusive;

             (2) In a county whose population is 100,000 or more but less than 700,000, the department of juvenile services established pursuant to NRS 62G.100 to 62G.170, inclusive; and

             (3) In a county whose population is 700,000 or more, the department of juvenile justice services established by ordinance pursuant to NRS 62G.210or, if a department of juvenile justice services has not been established by ordinance pursuant to NRS 62G.210, the department of juvenile justice services established pursuant to NRS 62G.300 to 62G.370, inclusive.

      (c) “Entity which provides services to children” means:

             (1) An agency which provides child welfare services;

             (2) A department of juvenile justice services;

             (3) A foster home; or

             (4) The Youth Parole Bureau.

      (d) “Foster home” has the meaning ascribed to it in NRS 424.014.

      (e) “Youth Parole Bureau” has the meaning ascribed to it in NRS 62A.350.

      (Added to NRS by 2017, 2319)