Select Nevada Mandatory Minimum Laws

Transcription

1 Select Nevada Mandatory Laws IMPORTANT NOTE: This is not necessarily a complete list. Laws frequently change, and these sentences may no longer be accurate or up to date. Talk with a lawyer in your state if you have questions. Drug Offenses (2) Second or subsequent conviction for maintaining a place for the purpose of unlawfully selling, giving away or using any (2)(b) / (4)(b) (2)(c) / (4)(c) (2)(a)(3) / (2)(b)(3) / (2)(c)(3) (2)(a)(2) / (2)(b)(2) (2)(c)(2) (2)(b)(1) controlled substance Second conviction for importing, transporting, selling, exchanging, bartering, supplying, prescribing, dispensing, giving away or administering a controlled or counterfeit substance, manufacturing or compounding a controlled substance, or offering or attempting to do any of these crimes with respect to Schedule I-V substances* Third or subsequent conviction for importing, transporting, selling, exchanging, bartering, supplying, prescribing, dispensing, giving away or administering a controlled or counterfeit substance, manufacturing or compounding a controlled substance, or offering or attempting to do any of those crimes with respect to Schedule I-V substances* Allowing a child to be present where controlled substances are being used, sold, or manufactured (except marijuana), and the drug violation proximately causes the death of the child Allowing a child to be present where controlled substances are being used or sold (except marijuana), and the drug violation proximately causes substantial bodily harm to the child Allowing a child to be present where controlled substances are being manufactured (except marijuana), and the drug violation proximately causes substantial bodily harm to the child Allowing a child to be present where controlled substances are being sold (except marijuana), and the drug violation does not proximately cause death or substantial bodily harm to the child 50 Years, at 20 Years 6 Years 40 Years, 1

2 Drug Offenses, cont (2)(c)(1) Allowing a child to be present where controlled substances are being manufactured (except marijuana), and the drug violation does not proximately cause death or substantial bodily harm to the child 5 Years Providing a controlled substance which causes death 25 Years, with (2)(b) (2)(c) (2)(b) Second conviction of possessing for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, or any Schedule I or II* controlled substance Third or subsequent conviction of possessing for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gammahydroxybutyrate is an immediate precursor, or any Schedule I or II* controlled substance Third or subsequent conviction of possessing for the purpose of sale any Schedule III-V* controlled substance (1) (2) (3) (1)(a) (1)(b) (1)(c) Trafficking 4 14 grams of flunitrazepam, gammahydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, or a Schedule I* controlled substance, except marijuana Trafficking grams of flunitrazepam, gammahydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, or any Schedule I* controlled substance, except marijuana Trafficking 28+ grams of flunitrazepam, gammahydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, or any Schedule I* controlled substance, except marijuana Trafficking 100 2,000 pounds of marijuana Trafficking 2,000 10,000 pounds of marijuana Trafficking 10,000+ pounds of marijuana 2 ** ** 25 Years, with ** ** ** 15 Years, with at 5 Years**

3 Drug Offenses, cont. Trafficking grams of a Schedule II* controlled ** (1) substance Trafficking grams of a Schedule II* controlled ** (2) (3) (5)(a)- (b) (6)(a)- (b) (6)(a)- (b) (1)(b) (1)(c) substance Trafficking 400+ grams of a Schedule II* controlled substance Filling, refilling, or delivering a prescription by an illegal internet pharmacy if the substance is classified in Schedule I* or causes substantial bodily harm or death Filling or refilling a prescription drug, if the offender has reasonable cause to believe that the prescription is being filled or refilled by someone in the state, the prescription drug has not been lawfully imported into the United States, or the prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations, and standards, if the substance is classified in Schedule I* or causes substantial bodily harm or death Prescribing drugs to an individual with knowledge that an illegal internet pharmacy will fill the prescription after having examined the individual within 6 months before the prescription, if the drug is classified in Schedule I* or results in substantial bodily harm or death Conspiracy to commit a drug felony in violation of the Uniform Controlled Substances Act, with a prior conviction for conspiracy to commit a drug felony or for a drug felony Conspiracy to commit a drug felony in violation of the Uniform Controlled Substances Act, with two or more prior convictions for conspiracy to commit a drug felony or for a drug felony 15 Years, with at 5 Years** *For a complete list of the classification criteria for Schedules I-V, please see , available at **Under , individuals sentenced under these provisions can have their sentences reduced or suspended if the court finds that they rendered substantial assistance in the investigation or prosecution of any offense. Continued on next page... 3

4 DUI Offenses Third offense in 7 years of driving under the influence * 484C.400(1)(c) 484C.430(1)(f) / (1)(f) 484C.410(1)(e) (1)(f) Driving under the influence or operating a watercraft under the influence and causing serious bodily harm or death to another person Driving under the influence with a previous conviction for a felony DUI, a DUI causing serious bodily harm or death, or homicide resulting from DUI Operating a watercraft under the influence with a previous conviction for OUI causing serious bodily harm or death, or homicide by vessel *Offenders convicted of a third DUI offense are eligible to apply for a treatment program for drug and alcohol abuse if they meet certain conditions. For more details, please see 484C.340, available at Sex Offenses (2) (3) (2)(a) (2)(b) Lewdness with a child under the age of 14 Lewdness with a child under the age of 14, with a previous conviction for a sexual offense against a child Subjecting another person to sexual penetration, or forcing another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, which causes substantial bodily harm Subjecting another person to sexual penetration, or forcing another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, which does not cause substantial bodily harm Life at 10 Years Life without Life at 15 Years Life at 10 Years 4

5 Sex Offenses, cont (3)(a) (3)(b) (3)(c) (4) 179D.550(2) Subjecting a child under age 16 to sexual penetration, or forcing a child under age 16 to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, which causes substantial bodily harm Subjecting a child under the age of 16 to sexual penetration, or forcing a child under the age of 16 to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, which does not cause substantial bodily harm Subjecting a child under the age of 14 to sexual penetration, or forcing a child under the age of 14 to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, which does not cause substantial bodily harm Subjecting a child under the age of 16 to sexual penetration, or forcing a child under the age of 16 to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct, with a previous conviction for a sexual offense against a child Second or subsequent offense within 7 years of failing to register as a sex offender Gang Offenses Life without Life with at 25 Years Life with at 35 Years Life without Code Section (1) Offense Committing a felony knowingly for the benefit of, at the direction of, or in affiliation with a criminal gang with the specific intent to promote, further, or assist the activities of the criminal gang 5 Mandatory, added to the sentence for the underlying crime

6 Habitual Offenders (1)(a) Being a habitual criminal: committing a felony with two 5 Years (1)(b) (1)(b) (1)(b) previous felony convictions Being a habitual criminal: committing a felony with three previous felony convictions Being a habitual felon: committing certain enumerated felonies* with two prior convictions for those enumerated felonies* Being a habitually fraudulent felon: committing a felony, of which fraud or intent to defraud is an element, and having previously been convicted 2 times of felonies where fraud or intent to defraud is an element, if the victim of each offense was an older person, a person with a mental disability, or a vulnerable person *Those felonies are listed in (2), available at html#NRS207Sec010. Theft Offenses 25 Years, 25 Years, 5 Years (2) Burglary, with a prior conviction for burglary or home invasion (4) (2) (4) (1)(a)-(b) Burglary with a firearm or deadly weapon, with a prior conviction for burglary or home invasion Home invasion, with a prior conviction for burglary or home invasion Home invasion with a firearm or deadly weapon, with a prior conviction for burglary or home invasion Taking the property of another who has any infirmity caused by age or physical condition under circumstances not amounting to robbery Continued on the next page... 6

7 Weapons Offenses (1) (1)(b) Using a firearm, deadly weapon, other deadly weapon, or tear gas during the commission of murder, kidnapping in the first degree, sexual assault, or robbery Giving, sending, or accepting a challenge to fight any other person, and the fight involves a deadly weapon Violent Offenses, added to the sentence for the underlying crime (5) (4) (1) / (1) Murder in the second degree: all other kinds of murder besides murder in the first degree Murder in the first degree: -Perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing, OR -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, OR -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, OR -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 -Committed in the perpetration or attempted perpetration of an act of terrorism Kidnapping in the first degree, or aiding and abetting kidnapping in the first degree, where the kidnapped person suffers substantial bodily harm during the act of kidnapping or the detention and confinement or in attempted escape or escape 25 Years 50 Years at 20 Years 40 Years at 15 Years 7

8 Violent Offenses, cont (2) / (1) Kidnapping in the first degree, or aiding and abetting kidnapping in the first degree, where the kidnapped person does not suffer substantial bodily harm 15 Years at 5 Years Fighting a duel that results in death Miscellaneous/Other Offenses 50 Years at 20 Years (1) (3) Violating an order of protection or an order to restrict conduct, if convicted of attempted murder, battery involving the use of a deadly weapon, battery which results in serious bodily harm, or battery which is committed by strangulation Possession of a portable telecommunications device by a prisoner, added to the sentence for the underlying crime, added to the current sentence (3) Gassing by a prisoner in lawful confinement (4) Gassing by a prisoner under lawful arrest, in lawful custody, or lawful confinement, and the prisoner knew that any portion of the excrement or bodily fluid involved in the offense contained a communicable disease that causes or is reasonably likely to cause substantial bodily harm (1)(b) 484C.440(1) Second or subsequent violation of gaming crimes listed in * Vehicular homicide (2) Homicide by vessel: -Operating a watercraft under the influence, AND -Proximately causing the death of another person, AND -Having previously been convicted of at least 3 offenses *These crimes are listed at 25 Years, with 25 Years, with 25 Years, with 8