Fact Sheet FACTS ABOUT PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS)

Transcription

1 Fact Sheet FACTS ABOUT PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS) RESEARCH DIVISION REVISED FEBRUARY 2015 LEGISLATIVE COUNSEL BUREAU CATEGORY B FELONIES the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Aid or conceal child escaped from a State detention facility (NRS ) Securities: False or misleading information regarding publicly traded security (NRS ) 1 to 20 years* Not more than $500,000 Attempted category A felony (NRS ) 2 to 20 years No fine Attempted category B felony with maximum penalty of more than 10 years (NRS ) 1 to 10 years No fine Treason (NRS ) 2 to 10 years No fine Rescuing gross misdemeanor or misdemeanor prisoner, use of weapon (NRS ) Intimidating public officer, force involved and subsequent offense (NRS ) 2 to 10 years Not more Substitution of child (NRS ) 1 to 10 years Not more Conspiracy to commit robbery; sexual assault; kidnapping in first or second degrees; arson in the first or second degrees; involuntary servitude; assuming rights of ownership of another person; trafficking in persons; sex trafficking; or using personal identifying information unlawfully (NRS ) Conspiracy to commit murder (NRS ) 2 to 10 years Not more than Solicitation to commit murder (NRS ) 2 to 15 years Not more Voluntary manslaughter (NRS ) 1 to 10 years Not more Killing unborn quick child (NRS ) 1 to 10 years Not more Woman taking drugs to terminate pregnancy, after 24th week (NRS ) 1 to 10 years Not more Killing by overloading vessel, willful conduct (NRS ) 1 to 10 years Not more Mayhem (NRS ) 2 to 10 years Not more Kidnapping in the second degree (NRS ) 2 to 15 years Not more than $15,000 Aiding or abetting kidnapping in the second degree (NRS ) 2 to 15 years No fine Robbery (NRS ) 2 to 15 years No fine Battery with intent to commit mayhem, robbery, or grand larceny (NRS ) 2 to 10 years Not more Battery with intent to kill (NRS ) 2 to 20 years No fine Administration of a drug to aid commission of felony (NRS ) 1 to 10 years No fine Administration of drug to aid commission of violent crime (NRS ) 1 to 20 years No fine Challenges to fight or acting for another in challenge to fight; use of deadly weapon (NRS ) False imprisonment either by prisoner without deadly weapon or by other person with deadly weapon (NRS ) 1 to 6 years No fine False imprisonment using person as a shield (NRS ) 1 to 15 years No fine False imprisonment by prisoner with deadly weapon (NRS ) 1 to 20 years No fine Involuntary servitude crimes (NRS ) 5 to 20 years Not more than $50,000 Involuntary servitude crimes; substantial bodily harm (NRS ) 7 to 20 years Not more than $50,000

2 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Knowingly recruiting, transporting, or providing person for involuntary servitude or benefiting from involuntary servitude (NRS ) 2 1 to 15 years Not more than $50,000 Sale or purchase of another person; related acts (NRS ) 5 to 20 years Not more than $50,000 Trafficking in persons for financial gain (NRS ) 1 to 10 years Not more than $50,000 Trafficking in persons for illegal purposes (NRS ) 1 to 20 years Not more than $50,000 Assault with deadly weapon (NRS ) Assault with a deadly weapon upon an officer, school employee, health care provider, taxicab driver, transit officer, or sports official (NRS ) Assault with a deadly weapon upon an officer, school employee, health care provider, taxicab driver, transit officer, or sports official by a probationer, prisoner, or parolee (NRS ) Battery upon an officer, school employee, health care provider, taxicab driver, transit officer, or sports official performing his duty, substantial bodily harm or strangulation (NRS ) 2 to 10 years Not more Battery with a deadly weapon (NRS ) 2 to 10 years Not more Battery with a deadly weapon, substantial bodily harm or strangulation (NRS ) 2 to 15 years Not more Battery by prisoner, probationer, or parolee without a weapon (NRS ) 1 to 6 years No fine Battery by a prisoner, probationer, or parolee with a deadly weapon (NRS ) 2 to 10 years No fine Battery by a prisoner, probationer, or parolee with a deadly weapon, substantial bodily harm or strangulation (NRS ) 2 to 15 years No fine Criminal neglect of patient, resulting in death (NRS ) 1 to 20 years No fine Criminal neglect of patient, resulting in substantial bodily harm (NRS ) Child abuse/neglect: Causing a child to suffer unjustifiable physical pain or mental suffering resulting in substantial bodily or mental harm (NRS ) Child abuse/neglect: Causing a child to suffer unjustifiable physical pain or mental suffering, no substantial bodily or mental harm (NRS ) Child abuse/neglect: Causing a child to suffer unjustifiable physical pain or mental suffering, no substantial bodily or mental harm, subsequent violation (NRS ) Child abuse/neglect: Permitting or allowing child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect, resulting in substantial bodily or mental harm (NRS ) 2 to 20 years No fine 1 to 6 years No fine 2 to 15 years No fine 2 to 20 years No fine Mutilation of genitalia of female child (NRS ) 2 to 10 years Not more Abuse of older person or vulnerable person, subsequent offense (NRS ) 2 to 6 years* No fine Abuse of older person or vulnerable person; substantial bodily or mental harm or death (NRS ) Neglecting or permitting older person or vulnerable person to suffer by person with legal responsibility; resulting in substantial bodily or mental harm or death (NRS ) 2 to 20 years* No fine 2 to 6 years* No fine Exploitation of older person or vulnerable person, value $650- (NRS ) 2 to 10 years* Not more Exploitation of older person or vulnerable person, value more than (NRS ) 2 to 20 years* Not more than $25,000 Isolation of older person or vulnerable person, subsequent offense (NRS ) 2 to 10 years* Not more than Aggravated stalking (NRS ) 2 to 15 years Not more than Entering property with intent to conceal self and peer through opening of dwelling; possession of deadly weapon (NRS ) Distribution of child pornography (NRS ) 1 to 15 years Not more than $15,000 Intentionally viewing pornography depicting child less than 16 years of age controlled through the Internet, subsequent offense (NRS ) Possession of child pornography, first offense (NRS )

3 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Performance of a health care procedure without a license, resulting in substantial bodily harm, subsequent offense (NRS ) Performance of a health care procedure without a license, resulting in death (NRS ) Performance of a surgical procedure without a license, resulting in no substantial bodily harm, subsequent offense (NRS ) Performance of a surgical procedure without a license, resulting in substantial bodily harm (NRS ) Performance of a surgical procedure without a license, resulting in death (NRS ) 3 2 to 20 years $2,000 to $2,000 to 2 to 20 years $2,000 to 2 to 20 years $2,000 to $2,000 to Abortion not pursuant to law (NRS ) 1 to 10 years Not more Knowingly engaging in conduct likely to spread HIV (NRS ) 2 to 10 years Not more Sex trafficking (NRS ) 3 to 20 years; no if convicted of sex trafficking a child Not more ; plus not more than $100,000 Prostitute knowingly engaging in conduct likely to spread HIV (NRS ) 2 to 10 years Not more Unlawful sexual conduct between present or former school employee or volunteer and pupil who is 14 or 15 years old at time of conduct (NRS ) Using a computer, system or network to lure a child, person believed to be a child, or mentally ill person to engage in sexual conduct (NRS ) Luring a child, person believed to be a child, or mentally ill person to engage in sexual conduct (NRS ) Luring a child, person believed to be a child, or mentally ill person to provide material harmful to minors (NRS ) 1 to 10 years Not more 2 to 15 years Not more 1 to 6 years Not more Willfully poisoning food, water, or medicine (NRS ) 2 to 15 years Not more Setting spring gun or other deadly weapon and causing injury (NRS ) Setting spring gun or other deadly weapon and causing death (NRS ) 1 to 10 years; may be prosecuted as murder depending on circumstances Not more Possession, manufacture, or disposition of explosive or incendiary device (NRS ) Possession of components of explosive or incendiary device (NRS ) Discharging firearm at or into occupied structure (NRS ) Discharging firearm within or from a structure or vehicle (NRS ) 2 to 15 years Not more than Permitting minor to unlawfully handle firearm; subsequent offense (NRS ) Unlawful sale of firearm to minor (NRS ) Unlawful use of stun gun (NRS ) Possession of stun gun by person convicted of a felony or a fugitive from justice (NRS ) Possession of firearm by ex-felon, fugitive from justice, or user of controlled substance (NRS ) Unlawful sale of firearm or ammunition to felon, fugitive from justice, person adjudicated mentally ill, or person unlawfully in the United States (NRS ) 1 to 10 years Not more Ex-felon, possession of tear gas (NRS ) Knowingly assisting in crimes involving weapons of mass destruction, biological or chemical agents, or similar lethal agents (NRS ) 2 to 15 years* Not more

4 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Unlawful threats involving act of terrorism, biological or chemical agents, or similar lethal agents (NRS ) 4 2 to 20 years Not more than Delivering a hoax substance causing substantial bodily harm or death (NRS ) 2 to 20 years* Not more than Transportation or receipt of explosives for unlawful purpose, no substantial bodily harm (NRS ) Transportation or receipt of explosives for unlawful purpose, with substantial bodily harm (NRS ) Use or possession of explosives during commission of a felony, first offense (NRS ) Use or possession of explosives during commission of felony, subsequent offense (NRS ) 2 to 10 years $2,000 to $10,000 2 to 20 years $2,000 to $20,000 1 to 10 years Not more 2 to 20 years No fine Use of explosives to destroy property, no substantial bodily harm (NRS ) 2 to 10 years $2,000 to $10,000 Use of explosives to destroy property, with substantial bodily harm (NRS ) 2 to 20 years $2,000 to $20,000 Bomb threats (NRS ) Criminal anarchy (NRS ) 1 to 6 years Not more Criminal syndicalism (NRS ) Arson, first degree (NRS ) 2 to 15 years Not more than $15,000 Arson, second degree (NRS ) 1 to 10 years Not more Arson, aiding and abetting, with the intent to defraud (NRS ) 1 to 6 years* Not more than Burglary (NRS ) Burglary with a weapon (NRS ) Invasion of the home (NRS ) Invasion of the home with a deadly weapon (NRS ) 1 to 10 years; no if previously convicted of burglary or invasion of the home if previously convicted of burglary or invasion of the home 1 to 10 years; no if previously convicted of burglary or invasion of the home if previously convicted of burglary or invasion of the home Burglary using explosives (NRS ) 2 to 15 years No fine Participation in organized retail theft, aggregated value of loss within 90-day period of $3,500 to $10,000 (NRS ) Participation in organized retail theft, aggregated value of loss within 90-day period of $10,000 or more (NRS ) Theft, value of $3,500 or more (NRS ) Grand larceny, value of $3,500 or more (NRS and ) Grand larceny of firearm (NRS ) 2 to 15 years* Not more Not more Not more Not more Mandatory find, not more, mandatory Mandatory find, not more than $20,000, mandatory

5 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Grand larceny of motor vehicle, value proven to be $3,500 or more (NRS ) Theft of scrap metal, aggregated value of loss within 90-day period of $3,500 or more (NRS ) Taking property not amounting to robbery, value $3,500 or more (NRS ) Theft from vending machine, value of $3,500 or more (NRS ) Receiving or transporting stolen vehicle, value proven to be $3,500 or more (NRS ) Receiving or possessing stolen goods, value $3,500 or more (NRS ) 5 ; no if victim was elderly or handicapped Extortion (NRS ) Not more Extortion for a debt (NRS ) 1 to 6 years* Not more Pattern of mortgage lending fraud (NRS ) Defrauding another, two or more similar transactions within 4-year period, aggregated value of loss more than $650 (NRS ) Obtaining money, property, rent, or labor by false pretenses, value $650 or more (NRS ) Pattern of false representation of title (NRS ) Obtaining and using another s personal identifying information to harm, impersonate, or access nonpublic records of another or for unlawful purpose (NRS ) Obtaining and using an older or vulnerable person s personal identifying information to harm or for unlawful purpose (NRS ) Obtaining and using the personal identifying information of five or more persons to harm or for unlawful purpose (NRS ) Obtaining and using another s personal identifying information to harm or for unlawful purpose that causes loss of $3,000 or more (NRS ) Obtaining and using another s personal identifying information to avoid prosecution for a category A or B felony (NRS ) Public officer or employee unlawfully obtaining and using another s personal identifying information to harm other person or for unlawful purpose (NRS ) Public officer or employee unlawfully obtaining and using an older or vulnerable person s personal identifying information to harm other person or for unlawful purpose (NRS ) Public officer or employee unlawfully obtaining and using the personal identifying information of five or more persons to harm or for unlawful purpose (NRS ) Public officer or employee unlawfully obtaining and using another s personal identifying information to harm or for unlawful purpose that causes loss of $3,000 or more (NRS ) Public officer or employee obtaining and possessing, selling or transferring an older or vulnerable person s personal identifying information to establish false identity (NRS ) 3 to 20 years Not more than $50,000; subject to additional civil penalty not to exceed each violation. 1 to 20 years* Not more 1 to 6 years* Not more 3 to 20 years Not more than $50,000; subject to additional civil penalty not to exceed each violation 3 to 20 years* Not more than $100,000 3 to 20 years* Not more than $100,000 3 to 20 years* Not more than $100,000 3 to 20 years* Not more than $100,000 5 to 20 years* Not more than $100,000 7 to 20 years* Not more than $100,000 7 to 20 years* Not more than $100,000 7 to 20 years* Not more than $100,000

6 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Public officer or employee obtaining and possessing, selling, or transferring the personal identifying information of five or more persons to establish false identity (NRS ) Public officer or employee obtaining and possessing, selling or transferring another s personal identifying information to establish false identity that causes loss of $3,000 or more (NRS ) Aiding public officer or employee to commit crimes involving an older or vulnerable person s personal identifying information (NRS ) Aiding public officer or employee to commit crimes involving the personal identifying information of five or more persons (NRS ) Aiding public officer or employee to commit crimes involving another s personal identifying information that causes loss of $3,000 or more (NRS ) False identification crimes involving personal identifying information of an older or vulnerable person (NRS ) False identification crimes involving the personal identifying information of five or more persons (NRS ) False identification crimes involving another s personal identifying information that causes loss of $3,000 or more (NRS ) 1 to 20 years Not more than $100,000 1 to 20 years Not more than $100,000 1 to 20 years Not more than $100,000 Establishing or possessing financial forgery laboratory (NRS ) 1 to 20 years Not more than $100,000 Unlawful use of scanning device or reencoder with intent to defraud (NRS ) False signals endangering cars, results in physical injury or property damage (NRS ) Habitual criminal, current conviction for felony plus two prior felonies (NRS ) Habitually fraudulent felon, current conviction for felony involving fraud plus two prior felonies that include elements of fraud. Victim of each offense was an older person, a vulnerable person, or a mentally disabled person. (NRS ) 1 to 10 years Not more 5 to 20 years; no 5 to 20 years; no ; prosecutor must charge No fine No fine Coercion, force or threat of force (NRS ) Unlawful contact with child under 16 years of age or with mentally ill person, subsequent offense (NRS ) Racketeering (NRS ) 5 to 20 years Not more than $25,000 Escape of felony prisoner, use of weapon or hostage(s) or result of substantial bodily harm (NRS ) sentance Escape of felony prisoner, no aggravating factors (NRS ) 1 to 10 years Not more Escape from prison, gross misdemeanor or misdemeanor prisoner, use of weapon (NRS ) Possession by felony prisoner of escape tools (NRS ) Unauthorized absences from prison (NRS ) Penalty under NRS Aiding escape of felony prisoner (NRS ) 1 to 10 years Not more Aid in escape of gross misdemeanor or misdemeanor prisoner, use of weapon (NRS ) Custodian allowing escape of felon (NRS ) 1 to 6 years Not more Ministerial officer allowing escape (NRS ) 1 to 6 years Not more Furnishing weapons or drugs to prisoner (NRS ) Possession of weapon or facsimile by prisoner (NRS ) 1 to 6 years No fine 6

7 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Unlawful acts related to human excrement or bodily fluid by prisoner in lawful confinement (NRS ) 2 to 10 years; consecutive after current, no probation or suspended Not more Major violation of lifetime supervision of sex offender (NRS ) Elections: Tampering or interfering with a mechanical voting system, device, or program used to count ballots with intent to influence the outcome of an election (NRS ) Abuse of child receiving mental health treatment, substantial bodily harm (NRS 433B.340) Abuse or neglect of patient by mental health provider, either for first violation that results in substantial bodily harm or for subsequent violation (NRS ) Willful use of aversive intervention on person with a disability or improper use of restraint, either first violation with substantial bodily harm or subsequent violation (NRS ) 2 to 20 years No fine Maintaining drug house, first offense (NRS ) 1 to 6 years Not more Maintaining drug house, subsequent offense (NRS ) Import, sell, et cetera, schedule I or II drugs, first offense (NRS ) 1 to 6 years Import, sell, et cetera, schedule I or II drugs, second offense (NRS ) Import, sell, et cetera, schedule I or II drugs, third or subsequent offense (NRS ) Import, sell, et cetera, schedule III, IV, or V drugs, second offense (NRS ) Import, sell, et cetera, schedule III, IV, or V drugs, third or subsequent offense (NRS ) Unlawful acts relating to manufacture or compounding of certain controlled substances (NRS ) Allowing child to be present where controlled substances are being used, substantial bodily harm results (NRS ) Allowing child to be present where controlled substances are unlawfully sold, exchanged, given away or administered, no substantial bodily harm or death (NRS ) Allowing child to be present where controlled substances are unlawfully sold, exchanged, given away or administered, substantial bodily harm results (NRS ) Allowing child to be present where controlled substances are unlawfully manufactured, no substantial bodily harm or death (NRS ) probation 6 to 20 years; no 6 to 20 years; no 5 to 20 years; no Possession not for sale of flunitrazepam or GHB (NRS ) 1 to 6 years No fine Possession for purpose of sale, schedule I or II drugs, flunitrazepam, or GHB, third or subsequent offense (NRS ) Not more than $15,000 Not more than $100,000 Not more Not more than $15,000 7

8 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) Trafficking, schedule I drugs (NRS except marijuana), flunitrazepam, or GHB, 4 to 14 grams (NRS ) Trafficking, schedule I drugs (NRS except marijuana), flunitrazepam, or GHB, 14 to 28 grams (NRS ) Trafficking marijuana, 2,000 to 10,000 pounds (NRS ) Trafficking, schedule II drugs, 200 to 400 grams (NRS ) Filling or delivering of prescriptions by illegal Internet pharmacy, schedule I drug involved or drug causes substantial bodily harm or death (NRS ) Unlawful acts relating to filling prescriptions via the Internet, schedule I drug involved or drug causes substantial bodily harm or death (NRS ) Unlawful acts relating to prescribing of drugs with knowledge of involvement of illegal Internet pharmacy, schedule I drug involved or drug causes substantial bodily harm or death (NRS ) Conspiracy to violate the Uniform Controlled Substances Act, second offense (NRS ) Conspiracy to violate the Uniform Controlled Substances Act, third or subsequent offense (NRS ) 1 to 6 years; no than $50,000 than $100,000 than $50,000 than $100,000 Not more than $100,000 Not more than $100,000 Not more than $100,000 Not more Using minor as an agent or furnishing drugs to minor (NRS ) 5 to 20 years Gaming without a license (NRS ) 1 to 10 years Not more than $50,000 Gaming crimes, first offense (includes attempts and conspiracy to commit crimes) (NRS ) Gaming crimes, second or subsequent violation (includes attempts and conspiracy to commit crimes) (NRS ) 1 to 6 years Not more 1 to 6 years; no Not more Unlawful dissemination of certain wire information (NRS ) Theft of fire prevention device, value of $650 or more (NRS Punished as grand larceny. See NRS ) Unlawful purchase, sale, disposal, or transfer of a motor vehicle or part knowing the identification number has been falsely attached, removed, destroyed, or altered (NRS ) Failure to stop at accident involving death or personal injury (NRS 484E.010) Failure to obey signal by officer and causes property damage or operates a vehicle in dangerous manner (NRS 484B.550) 1 to 10 years Not more than $60,000 2 to 15 years Failure to obey signal by officer, resulting in death or bodily harm (NRS 484B.550) 2 to 20 years Not more than $50,000 Failure to obey roadblock, resulting in death, substantial bodily harm, or property damage over $1,000 (NRS 484B.580) Reckless driving, willful conduct resulting in death or substantial bodily harm (NRS 484B.653) 1 to 6 years 8

9 the maximum term of imprisonment that may be imposed is not more than 20 years. s are optional unless otherwise noted. Mandatory restitution is included for those s noted by an asterisk (*). (NRS ) DUI, third offense in 7 years (NRS 484C.400) DUI and previous conviction of felony DUI; DUI causing substantial bodily harm or death or homicide resulting from driving under the influence (NRS 484C.410) DUI causing substantial bodily harm or death (NRS 484C.430) Knowingly selling a motor vehicle whose odometer has been fraudulently altered (NRS 484D.335) Watercraft DUI causing substantial bodily harm or death (NRS ) Watercraft DUI, and previous conviction of watercraft DUI causing substantial bodily harm or death (NRS ) Staging fights between dogs, third or subsequent offense (NRS ) Representing or aiding unauthorized insurer in violation of Unauthorized Insurers Act (NRS 685B.083) 1 to 6 years; no except in certain circumstances except in certain circumstances 1 to 6 years Not more 1 to 6 years No penalty specified Not more than (A fine of not more than $10,000 is mandatory if the violation is by an entity other than a natural person.) No penalty specified Transacting unauthorized insurance business (NRS 685B.087) No penalty specified No penalty specified 9