to the child, the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation

Transcription

1 SELECTED NEVADA REVISED STATUTES RELATING TO FELONIES Abuse, neglect or (2)(a)(1) defendant is a person who is responsible for the safety or welfare A Life with the possibility endangerment of of a, the crime results in substantial bodily or mental harm of parole after 10 years to the, the is less than 14 years of age and the harm is the result of sexual abuse or exploitation Abuse, neglect or (1)(a)(1) substantial bodily or mental harm, the is less than 14 years A Life with the possibility endangerment of of age and the harm involves sexual abuse or exploitation of parole after I S years Attempt to kill attempt to kill with poison A Life with possibility of parole after 5 years or a definite term of 15 years with possibility of parole after 5 years Battery with intent to (4)(b) intent to commit sexual assault and the victim is 16 years of age A 2 years to life without the $10,000 commit crime or older possibility of parole Battery with intent to (4)(c) intent to commit sexual assault and the victim is under the age of A 5 years to life without the $10,000 commit crime 16 possibility of parole U, rid ti N O ^ ^ Q O O^ O 0 >C ^ W ^ Battery with intent to (4)(a) intent to commit sexual assault and crime results in substantial A Life without the $10,000 commit crime bodily harm to the victim possibility of parole or life with the possibility of parole after a minimum of 10 years Challenges to fight (3) if death ensues A death, life without possibility of parole, life with possibility of parole after 20 years, 50 years with eligibility or parole Furnishing if causes death, punished as murder pursuant to NRS A Habitual criminal (b) 2 prior enumerated violent felonies A life without, life w/possibility after 10 or 25 w/after 10 Habitual criminal (1)(b) 3 prior felonies, 5 gross misdemeanor with fraud or 5 petty A life without, life with larcenies possibility of parole after 10 years or 25 years with possibility of parole after 10 years

2 Kidnapping (2) 1st degree and does not involve substantial bodily harm A life with possibility of parole after 5 years or 15 years with possibility of parole after 5 years Kidnapping (1) 1st degree and involves substantial bodily harm A life without parole, life with parole after 15 years or 40 years with possibility of parole after 15 years Kidnapping (Aid & (1) 1st degree and does not involve substantial bodily harm A life with possibility of Abet) parole after 5 years or 15 years with possibility of parole after 5 years Kidnapping (Aid & (1) 1st degree and involves substantial bodily harm A life without parole, life Abet) with possibility of parole after 15 years or 40 years with possibility of parole after 15 years Murder (4) First degree A death, life w/out, life/with after 20 or 50 years/with after 20 Murder (5) Second degree A life w/after 10 or 25 years/with after 10 Trafficking of (4) high level - 28 grams or more A life w/after 10 or 25/after $500,000 Schedule 1, except 10 marijuana Trafficking of high level grams or more A life w/after 5 or 15 $250,000 Schedule 2 ears/after 5 Abuse, neglect or (1)(b)(1) does not involve substantial bodily or mental harm and B 1-6 years endangerment of defendant has not been previously convicted of similar crime Abuse, neglect or (1)(b)(2) does not involve substantial bodily or mental harm and B 2-15 years endangerment of defendant has been previously convicted of similar crime Abuse, neglect or (1)(x)(2) substantial bodily or mental harm B 2-20 years endangerment of Abuse, neglect or (2)(a)(2) defendant is a person who is responsible for the safety or welfare B 2-20 years endangerment of of a and the crime results in substantial bodily or mental harm to the

3 Adulterating Food mingle poison or other harmful substance in food B 2-15 years $10,000 Arson with intent to defraud insurer B 1-6 years $5,000 Arson (first degree) willfully and maliciously sets fire to or bums or aids, counsels or B 2-15 years $15,000 procures the burning of any: (1) dwelling house or other structure or mobile home, whether occupied or vacant; or (2) personal property which is occupied by one or more persons Arson (second willfully and maliciously sets fire to or burns or causes to be B 1-10 years $10,000 degree) burned, or who aids, counsels or procures the burning of any abandoned building or structure Assault b with deadly weapon B 1-6 years $5,000 Assault (2)(c) with deadly weapon and victim is an officer, provider of health B 1-6 years $5,000 care, school employee, taxicab driver, transit operator or sports official Assault (2)(d) committed by probationer, prisoner or parolee with a deadly B 1-6 years $5,000 weapon and victim is an officer, provider of health care, school employee, taxicab driver, transit operator or sports official Attempt (1)(a)(2) attempt to commit a category B felony for which the maximum B 1-10 years term is more than 10 years Attempt (1)(a)(1) attempt to commit a categorya felony B 2-20 years Battery (2)(f) if committed by a probationer, prisoner in lawful custody or B 1-6 years confinement or a parolee without a deadly weapon Battery (2)(c) upon an officer, provider of health care, school employee, B 2-10 years $10,000 taxicab driver, transit operator or sports official and results in Battery (2)(e)(1) with a deadly weapon but no substantial bodily harm B 2-10 years $10,000 Battery 200:481(2)(8)(1) if committed by a probationer, prisoner in lawful custody or B 2-10 years confinement or a parolee with a deadly weapon but does not result in substantial bodily harm Battery (2)(e)(2) with a deadly weapon and results in substantial bodily harm to B 2-I 5 years $10,000 the victim Battery (2)(g)(2) if committed by a probationer, prisoner in lawful custody or B 2-15 years confinement or a parolee with a deadly weapon and results in substantial bodily harm Battery with intent to (2) with intent to commit mayhem, robbery or grand larceny B 2-10 years $10,000 commit crime Battery with intent to (3) with intent to kill B 2-20 years commit crime

4 Burglary (2) generally B 1-10 years, if previously convicted must not be released on probation or granted a suspended sentence $10,000 Burglary (4) in possession of a firearm or other deadly weapon B 2-15 years $10,000 Burglary with in possession of explosives B 2-15 years explosives Challenges to fight (l),(2) if the fight involves the use of a deadly weapon B 1-6 years $5,000 Cheating violation of certain laws relating to gaming and attempted B 1-6 years $10,000 violations or conspiracy to violate such laws Coercion (2)(a force or the immediate threat of physical force B 1-6 years $5,000 Conspiracy (1)(b) to commit robbery, sex assault, kidnapping, arson or False ID B 1-6 years $5,000 Conspiracy b to commit murder B 2-10 years $5,000 Conspiracy (2) to commit racketeering (punished as provided in NRS ) B 5-20 years $25,000 Discharge firearm (1)(b) at or into occupied structure or vehicle B 1-6 years $5,000 Discharge firearm (1)(a) from a structure or vehicle in populated area B 2-15 years $5,000 Drug conspiracy b 2nd offense (or 1st with prior USCA felony) B 2-10 years $10,000 Drug conspiracy c 3rd offense (or 1 st with 2 prior USCA felonies) B 3-15 years $20,000 DUI (1)(c) 3rd offense within 7 years B 1-6 years $2,000 to $5,000 Elder abuse (over (3)(b) exploits - $250 but less than $5,000 B 2-10 years $10,000 Elder abuse (over (5)(b) isolates - 2nd offense B 2-10 years $5,000 Elder abuse (over (6) with death or substantial bodily harm B 2-20 years Elder abuse (over (1)(b) 2nd offense B 2-6 years Elder abuse (over (7) neglect with death or substantial bodily or mental harm B 2-6 years Failure of ex-felon (1) B 1-6 years $5,000 to register possession of firearm False imprisonment (4) using person as human shield B 1-15 years False imprisonment by prisoner in penal institution with deadly weapon B 1-20 years False imprisonment a by prisoner in penal institution without deadly weapon B 1-6 years False imprisonment (3)(b) by use of deadly weapon B 1-6 years

5 Crime NRS section Explanation _Categor Sentence Fine Furnishing B 5-20 years $20,000 dangerous drug to a minor Grand larceny (3) value ofproperty stolen is $2,500 or more B 1-10 years $10,000 Grand larceny firearm is stolen- no value requirement B 1-10 years $10,000 Grand larceny (3) motor vehicle stolen - $2,000 or more B 1-10 years $10,000 Habitual criminal (1)(a) 2 prior felonies, 3 gross misdemeanors with fraud or 3 petty B 5-20 years larcenies Habitual criminal (1)(b) 2 prior fraud felonies and victim over 60 or mentally disabled B 5-20 years ^Sl Home invasion (2) Note: cannot grant probation or suspend sentence if defendant B 1-10 years $10,000 has prior conviction for burglary, forcible entry or home invasion Home invasion (4) in possession of deadly weapon B 2-15 years $20,000 Kidnapping nd de ree B 2-15 ears $15,000 Kidnapping (Aid & (2) 2nd degree B 2-15 years Abet) Larceny from person (1)(b) value of property stolen is $2500 or more B 1-10 $10,000 Manslaughter Voluntarymanslaughter B 1-10 years $10,000 Manufacture or 453 Meth labs or cutting heroin B 3-15 years $100,000 attempt to manufacture a other than marijuana Mayhem Disfigure, blind, etc. B 2-10 years $10,000 Permitting or aiding (1) involving the use of a dangerous weapon B 1-6 years $5,000 escape or concealing escaped Possession of a Schedules 1 or 2: 3rd offense B 3-15 years $20,000 with intent to sell Possession of (1)(a) felon cannot possess B 1-6 years $5,000 firearm Possession of (1)(b) fugitive from justice cannot possess (meaning warrants?) B 1-6 years $5,000 firearm Possession of (1)(c) drug user or addict cannot possess B 1-6 years $5,000 firearm Possession of stolen (2)(c) value is $2,500 or more B 1-10 years $10,000 property

6 Possession of stolen (2)(c) firearm is the stolen property B 1-10 years $10,000 property Possession of stolen (4) if vehicle worth $2,500 or more B 1-10 years $10,000 vehicle Reckless driving causes death or SBI to another B 1-6 years $5,000 Robbery B 2-15 years Stalking (2) aggravated stalking -victim fears death or SBI B 2-15 years $5,000 Stop required (3) fails to stop, damages property and endangers people or prop B 1-6 years $5,000 Stop required (4) fails to stop and causes death or bodily harm Statute amended in B 2-15 years $10,000 AB 335, effective October 1, 2003 Theft (4) value is $2,500 or more B 1-10 years $10,000 Trafficking of (4) low level - 4 grams or more but less than 14 grams B 1-6 years $50,000 Schedule 1, except marijuana Trafficking of (4) mid level - 14 grams or more but less than 28 grams B 2-15 years $100,000 Schedule 1, except marijuana Trafficking of mid level grams or more but less than 400 grams B 2-10 years $100,000 Schedule 2 Unlawful contact for a second or subsequent offense B 1-6 years $5,000 with or mentally ill person Using ID of another (1)(b) ID used for unlawful purpose B 1-20 years $100,000 Violation of Ch Violation of Ch. 90 of NRS or any regulation adopted or order B 1-20 $500,000 of NRS, Securities issued pursuant thereto (Uniform Act) Abuse, neglect or (2)(b)(2) defendant is a person who is responsible for the safety or welfare C 1-5 years $10,000 endangerment of of a, the crime does not result in substantial bodily or mental harm to the and the defendant has previously been convicted for the same or similar conduct Attempt (1)(a)(3) attempt to commit a category B felony for which the maximum C 1-5 years $10,000 term is 10 years or less Battery (2)(b) without a weapon but causing substantial bodily harm C 1-5 years $10,000 Battery which (c) for a third or subsequent offense within 7 years C 1-5 years $10,000 constitutes domestic violence

7 Carrying concealed (2)(b) Manufacture or cause to be manufactured, or import into the C 1-5 years $10,000 weapon State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law or carry concealed upon his person any explosive substance, other than ammunition or any components thereof, or pistol, revolver or other firearm, or other dangerous or deadly weapon Chop shop owning or operating a chop shop C 1-5 years $10,000 and a further fine of $50,000 Drug conspiracy (1)(a) 1st offense C 1-5 years $10,000 Elder abuse (over (2) conspiracy to abuse, exploit or isolate - 2nd offense C 1-5 years $10,000 False credit (1) value of money or goods is $250 or more C 1-5 years $1,000 False ID or sale, or possession to commit certain enumerated crimes C 1-5 years $10,000 documents Grand larceny (2) value ofproperty stolen less than $2,500 C 1-5 years $10,000 Grand larceny motor vehicle stolen - no value requirement C 1-5 years $10,000 Imitation controlled (3) If seller is over 18 and buyer under 18 C 1-5 years $10,000 substances Injury to propert (l) loss $5,000 or more or impairs police or fire C 1-5 years $10,000 Larceny from person (1)(a) value of property stolen is less than $2,500 C 1-5 years $10,000 Obliterate firearm (1) intentionally change, alter, remove or obliterate C 1-5 years $10,000 serial # Possession of a Schedules 1 or 2: 2nd offense C 1-5 years $10,000 with intent to sell Possession of a Schedules 3, 4 or 5: 3rd offense C 1-5 years $10,000 with intent to sell Possession of stolen (2)(b) value is $250 or more but less than $2,500 C 1-5 years $10,000 property Possession of stolen if no value charged C 1-5 years $10,000 vehicle Possession or AB 148 C 1-5 years $10,000 disposal of methamphetamine manufacturing waste

8 Sales of subdivided Sale or attempted sale by means of intentional C 1-5 years $10,000 real property misrepresentation, deceit or fraud or attempts to obtain a license by such means Stalking (3) Defendant uses Internet or that increases risk to victim C 1-5 years $10,000 Swindling (1) value of money or goods is $250 or more C 1-5 years $10,000 Tampering (1) loss $5,000 or more or impairs cops, fire C 1-5 years $10,000 Theft (3) value is $250 or more but less than $2,500 C 1-5 years $10,000 Trafficking of lbs or more but less than 2,000 lbs C 1-5 years $25,000 marijuana Trafficking of low level - 28 grams or more but less than 200 grams C 1-5 years $50,000 Schedule 2 Violation of Ch Violation of Ch. 91 of NRS or any regulation adopted or order C 1-5 years $10, 000 or of NRS, issued pursuant thereto $20,000 Commodities Violation of court (5)(b) extended order C 1-5 years $10,000 order Violation of (6)(b) Violation of order for protection of ren C 1-5 years $10,000 extended order for protection of ren Violations by a sex 179D.550(2) second or subsequent violation of 179D.550(1) within 7 years C 1-5 years (court shall not $10,000 offender grant probation or suspend sentence) Violations by 179D.290(2) second or subsequent violation of 179D.290(1) within 7 years C 1-5 years (court shall not $10,000 offender convicted grant probation or of crime against a suspend sentence) Witness Tampering Bribe or intimidate to influence testimony C 1-5 years $50,000 Arson (fourth attempted arson D 1-4 years $5,000 degree) Arson (third degree) willfully and maliciously sets fire to or burns: (1) any D 1-4 years $5,000 unoccupied personal property of another which has the value of $25 or more; (2) any unoccupied personal property owned by him in which another person has a legal interest; or (3) any timber, forest, shrubbery, crops, grass, vegetation or other flammable material not his own Assault (2)(d) committed by probationer, prisoner or parolee without deadly D 1-4 years $5,000 weapon and victim is an officer, provider of health care, school employee, taxicab driver, transit operator or sports official

9 Carrying concealed (2)(a) for a second or subsequent offense, manufacture or cause to be D 1-4 years $5,000 weapon manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slingshot, billy, sand-club, sandbag or metal knuckles or, with the intent to inflict harm upon the person of another, possess or Defraud innkeeper (2)(a) if value of food, lodging, etc is $250 or more D 1-4 years $5,000 Failure to a ear (2)(a) for a felon D 1-4 ears $5,000 Failure to appear (2) for a gross misdemeanor and left the state to avoid prosecution D 1-4 years $5,000 Failure to appear (2) for a misdemeanor and left the state to avoid prosecution D 1-4 years $5,000 False entry in log AB 148 concerning precursors to methamphetamine D 1-4 years $5,000 book Forgery D 1-4 ears $5,000 Manslaughter Involuntary manslaughter D 1-4 years $5,000 Manslaughter (by owner/custodian of vicious/dangerous animal w/knowledge D 1-4 years $5,000 animal) Obliterate firearm (2) possession of firearm with serial number changed, altered D 1-4 years $5,000 serial # Passing a bad check if the cumulative amount is $250 or more or the person has D 1-4 years $5,000 previously been convicted three times of a misdemeanor under this or a section or a similar law Possession of a (b) D 1-4 years $20,000 Possession of a Schedules 1 or 2: 1st offense D 1-4 years $10,000 with intent to sell Possession of a Schedules 3, 4 or 5: 1 st or 2nd offense D 1-4 years $10,000 with intent to sell Possession of (2)(a) mentally ill cannot possess D 1-4 years $5,000 firearm Possession of (2)(b) illegal alien cannot possess D 1-4 years $5,000 Eireann Possession of short Barrel under 16 inches or overall length under 26 inches D 1-4 years $5,000 barrel gun

10 Receipt of Without holding a valid license to operate a -placing agency D 1-4 years $5,000 compensation by requests or receives any compensation for placing, arranging the unlicensed person placement of, or assisting in placing or arranging the placement for placing or of any for adoption or permanent free care arranging placement Resisting public (1) Dangerous weapon used to resist, obstruct or delay D 1-4 years $5,000 officer Vicious Dogs Vicious/dangerous animal kills and owner has knowledge D 1-4 years $5,000 Vicious Dogs (5) Vicious dog inflicts substantial bodily harm D 1-4 years and destruction $5,000 of do Violation of NRS (1) Payment to natural parent for placement for or consent to D 1-4 years $5, (1) adoption of Violations by a sex 179D.550(1) For failure to register with a local law enforcement agency, D 1-4 years $5,000 offender failure to notify the local law enforcement agency of a change of address, providing false or misleading information to the Central Repository or a local law enforcement agency or otherwise violating the provisions of NRS 179D.350 to 179D.550, Violations by 179D.290(1) For failure to register with a local law enforcement agency, D 1-4 years $5,000 offender convicted failure to notify the local law enforcement agency of a change of of crime against a address, providing false or misleading information to the Central Repository or a local law enforcement agency or otherwise violating the provisions of NRS 179D.200 to 179D.290, Witness Dissuasion Intimidate witness to prevent reporting crime D 1-4 years $5,000 Witness intimidation (1) Physical force or threat of force used D 1-4 years $5,000 Attempt (1)(a)(4) attempt to commit a category C felony D or GM 1-4 years $5,000 or $2,000 GM False ID or (3) simple possession E 1-4 years $5,000 documents Graffiti c loss $5,000 or more or impairs police or fire E 1-4 years $5,000 Possession of a (a) 1st or 2nd offense E 1-4 years $5,000 Possession of a rd offense E 1-4 years $5,000 dangerous drug without prescription Unlawful practice of 7.285(2)(c) for third or subsequent offense E 1-4 years $5,000 law

11 Unlawful use of a Schedules 1, 2, 3 or 4 E 1-4 years $5,000 Using ID of another (2)(b) ID used to avoid prosecution E 1-4 years $5,000 Attempt (1)(a)(6) attempt to commit a category E felony E or GM 1-4 years $5,000 or 1$ GM Attempt (1)(a)(5) attempt to commit a category D felony E or GM 1-4 years $5,000 or $2,000 MG Felony committed (3) Felony that results in death or substantial bodily harm to the may be Life without the on the property of a victim and the person who committed the felony intended to deemed a possibility of parole, life public or private create a great risk of death or substantial bodily harm to more category A with possibility of parole school, at an activity than one person by means of a weapon, device or course of felony after 20 years or 50 years sponsored by a action that would normally be hazardous to the lives of more with possibility of parole public or private than one person after 20 years school or on aschool bus while the bus is engaged in its official duties. Terrorism (3) to commit, cause, aid, further or conceal act of terrorism maybe Life without the deemed a possibility of parole, life category A with possibility - of if the crime parole after 20 years or results in 50 years with possibility death or of parole after 20 years substantial bodily harm Commission of additional sentence of 1- felony with 20 years which must not assistance of underlying crime; runs consecutively with Drug lab lab w/in 500 ft of residence, church, school, playground, public equal and consecutive park, pool or rec center Drug offenses near on or within 1,000 ft of school, playground, public park, bus equal and consecutive ren stop (w/in 1 hour pool, rec center or video arcade

12 Elder abuse (over (3)(c) exploits - value $5,000 or more 2-20 years $25,000 Failure to render or person violates NRS or and is in presence of sentence equal to and seek medical user who suffers injury or death and fails to aid user consecutive with assistance for person sentence for underlying injured or killed by crime use of controlled substance v Felony committed (1) Punished by imprisonment in the state prison for a term equal to additional sentence of 1- on the property of a and in addition to the term of mprisonment prescribed by statute 20 years which must not public or private for the crime. The sentence prescribed by this section must run Gang-related crimes crime for benefit of criminal gang with specific intent to promote additional sentence of 1- gang activity 20 years which must not underlying crime; runs consecutively with Terrorism (1) to commit, cause, aid, further or conceal act of terrorism additional sentence of 1-20 years which must not underlying crime; runs consecutively with Use of deadly Used deadly weapon or tear gas additional sentence of 1- weapon in 20 years which must not commission of a crime underlying crime; runs consecutively with underlying crime; court may not grant probation if crime is murder, 1st degree kidnapping, sexual assault or robbery

13 Use of handgun uses gun containing metal-penetrative bullet in commission of additional sentence of 1- containing metal- crime 20 years which must not piercing bullets underlying crime; runs consecutively with Victim Victimized due to race, religion, national origin, physical or additional sentence of 1- Characteristics mental disability, sexual orientation-different from that of 20 years which must not defendant underlying crime; runs consecutively with Violation of chapter victim over 60 years of age additional sentence of 1-90 or 91 of NRS 20 years which must not underlying crime; runs consecutively with underlying crime Violation of order commission of C, D or E felony in violation of court order additional sentence of 1- for protection 20 years which must not underlying crime; consecutive or concurrent Violation of order commission of A or B felony in violation of court order additional term of 1-5 for protection years; consecutive or concurrent