25 Questions and Answers about
"Plea Bargains" in Nevada Law
Explained by Las Vegas Criminal Defense Attorneys

Almost all criminal cases in Nevada are resolved through a "plea bargain." Plea deals allow defendants to avoid the harsher Nevada criminal sentences that come with being found guilty at a Nevada trial.

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The majority of Nevada criminal cases are resolved without a trial.

In some cases, plea negotiations involve "stayed adjudications" in Nevada or "submittals" in Nevada that allow the defendant's charges to be totally dismissed. In other plea bargains, charges for Nevada felonies can get reduced to lower-level felonies or even Nevada misdemeanors. But if a defendant ever regrets entering a plea, it is very difficult to then withdraw a plea in Nevada.

In this article our Las Vegas criminal defense attorneys answer frequently-asked-questions about plea bargains in Nevada. Scroll down for more information about the definition, procedures, and pros and cons of resolving a criminal case without a trial.

(Click on a question to go directly to the answer)

  1. What is a plea bargain in Nevada?
  2. What are the benefits of plea bargaining in Nevada?
  3. What are the downsides of plea bargaining in Nevada?
  4. What strategies do defense attorneys use to negotiate a plea bargain with prosecutors in Nevada?
  5. Where does my defense attorney negotiate a plea deal with prosecutors in Nevada?
  6. When can my defense attorney negotiate a plea bargain in Nevada?
  7. How long does it take to negotiate a plea deal in Nevada?
  8. Do Nevada plea bargains have to include fixed terms, or can it include a range of possible terms?
  9. If my case goes to trial in Nevada, can I accept a plea bargain during the trial?
  10. Can I accept a plea bargain after my criminal trial in Nevada?
  11. Do all plea deals require me to plead guilty in Nevada?
  12. Do some plea deals involve jail or prison time in Nevada?
  13. Can I get probation through a plea bargain in Nevada?
  14. Can I plead "no contest" instead of "guilty" in Nevada?
  15. Will prosecutors ever refuse to negotiate a criminal case in Nevada?
  16. Will judges always agree to plea deals in Nevada?
  17. How do I enter a plea in Nevada?
  18. Does the judge sentence me on the same day I enter a plea in Nevada?
  19. Do I have to be present to enter a plea in Nevada?
  20. Are there some charges that cannot be resolved through a plea in Nevada?
  21. What if I break the terms of my plea deal in Nevada?
  22. Can I withdraw a plea in Nevada?
  23. Can non-citizens take plea bargains in Nevada?
  24. Am I ever required to take a plea in Nevada?
  25. What are some common plea bargains in Nevada?

1) What is a plea bargain in Nevada?

"Plea bargains" go by various other names such as:

  • resolutions,
  • negotiations,
  • plea deals, or
  • plea agreements

Everyone charged with a crime in Nevada is entitled to a trial. A plea bargain is when the defendant and prosecution in a criminal case agree to a final result without going to trial. If the defense and prosecution cannot agree to a plea bargain, the case will go to trial.

In essence, plea bargains are the criminal law version of "settling out of court." Pleas involve negotiation and compromise, but the defendant will probably get a resolution more favorable than if he/she went to trial and lost. Henderson criminal defense attorney Michael Becker gives an example of a common plea bargain in Nevada:

Example: Dave gets charged with a first-time DUI in Nevada in Las Vegas Municipal Court. Dave admitted to the cop that he was driving drunk, and his blood test results show a high blood-alcohol-content (BAC). Furthermore, Dave's defense attorney cannot find anything in the evidence that suggests police misconduct or false BAC results. Dave's defense attorney explains that Dave has a slim chance of winning if he went to trial because the evidence is skewed in the prosecution's favor. And if Dave went to trial and lost, he would potentially face the maximum DUI penalties in Nevada of 6 months in jail and $1,000 in fines.

Since Dave wishes to avoid going to jail, he asks his defense attorney to try to negotiate a favorable plea deal with the prosecutor. Dave's attorney initially suggests that the prosecutor reduce the DUI charge to the Nevada crime of reckless driving, but the prosecutor refuses. Dave's attorney then suggests that Dave plead to a DUI with the minimum penalties:

  • $810 in fines;
  • Victim Impact Panel class;
  • DUI School class;
  • The defendant may not pick up any new arrests or citations while the case is open; and
  • No jail unless Dave does not complete the other sentencing terms

If the prosecutor in the above example agrees to the defense attorney's offer, the judge will probably agree with it as well and sign off on the deal. By entering this plea Dave will have a DUI conviction on his record, but he gets to stay out of jail as long as he is compliant with the sentencing terms.

2) What are the benefits of plea bargaining in Nevada?

Most defendants in Nevada criminal cases end up taking a plea bargain for the following two reasons:

  1. The defendant avoids the time and expense of trial; and
  2. The terms of a plea are usually laxer than the penalties the judge may impose following a guilty verdict at trial.

In all, defendants retain an element of feeling "in control" by taking a plea. Going to trial puts the defendant's fate in the judge's or jury's hands, and that uncertainty can be very unnerving.

3) What are the downsides of plea bargaining in Nevada?

Taking a plea in Nevada comes with a price, including the following three concessions:

  1. The defendant waives his/her right to a trial;
  2. It may be impossible to reverse a plea deal if the defendant later changes his/her mind; and
  3. The defendant risks the possibility that the judge will not agree to the plea bargain and will impose a harsher punishment (but this hardly ever happens).

In sum, taking a plea requires the defendant to acknowledge some responsibility and perhaps to plead guilty to a crime(s). And by taking the plea, the defendant loses the possibility of a "not guilty" verdict at trial that could exonerate him/her completely.

4) What strategies do defense attorneys use to negotiate a plea bargain with prosecutors in Nevada?

First the defense attorney would investigate all the possible evidence in the case including searching for witnesses, surveillance video, and anything else that could show the defendant in a favorable light. The defense attorney then goes to the prosecutor and points out all the holes and inaccuracies in the state's evidence. If the defense attorney is successful, the prosecutors may doubt their ability to prove the defendant guilty if they took the case to trial.

If the prosecutors think they may have a weak case against the defendant, they may offer a good plea deal whereby the charges get dismissed or reduced to lesser offenses.  But even if the prosecutors think they have a strong case, they often will still offer some kind of plea bargain in the hopes of avoiding trial.

5) Where does my defense attorney negotiate a plea deal with prosecutors in Nevada?

In most Nevada criminal cases, the defense attorney and prosecutors negotiate through email and/or over the phone. In more serious cases, the attorneys on both sides may schedule office meetings. Sometimes, plea negotiations even take place in the courtroom while the judge is off the bench or in the hallways of the courthouse.

6) When can my defense attorney negotiate a plea bargain in Nevada?

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The prosecution and defense can negotiate plea bargains at any time during a criminal case up until a trial verdict is rendered.

The defense and prosecution may try to negotiate a resolution at any time during the life of a criminal case up until a trial verdict is rendered. Often the plea bargaining negotiations begin shortly after the defendant has his/her Nevada arraignment. In some cases, plea deal talks can commence when a defendant is only under investigation and has not even been arrested yet.

When prosecutors make an plea deal offer, they usually include a deadline by which time the defendant must accept or else the offer will be rescinded. In many cases, prosecutors offer the most favorable plea deals early on in the court process shortly after the arraignment. If the defendant stalls in taking a deal, the prosecutor may punish the defendant by worsening the plea deal offer.

Depending on the case, it may be worth waiting before the defendant commits to a plea deal. If during the Nevada pretrial process the defense attorney can demonstrate that the state has insufficient evidence to prove guilt beyond a reasonable doubt, the prosecution may be willing to sweeten the plea offer.

7) How long does it take to negotiate a plea deal in Nevada?

It varies case-to-case. Sometimes a plea resolution is reached over the course of one phone call or email exchange. Sometimes plea negotiations take weeks, months, or longer. Low-level misdemeanor cases are often resolved quicker than high-level felony cases.

8) Do Nevada plea bargains have to include fixed terms, or can it include a range of possible terms?

Felony plea bargains often include ranges of possible terms, such as "2 to 5 years in prison." It is then up to the judge to determine at the Nevada sentencing hearing how much prison to impose. Depending on what the defense and prosecution agree to in the plea bargain, the prosecution may either remain silent at sentencing or else argue that the judge impose penalties on the higher side of the range.

9) If my case goes to trial in Nevada, can I accept a plea bargain during the trial?

Yes. The defense and prosecution can seek a plea resolution even while the criminal trial is going on. But once the verdict is rendered, the defendant loses the opportunity to plea bargain.

10) Can I accept a plea bargain after my criminal trial in Nevada?

No, not once the judge or jury returns a verdict. Once the verdict is rendered, the defendant may not retroactively accept the prosecutor's previous plea bargain offer. If the defendant does not like the outcome of a criminal trial in Nevada, his/her only modes for relief are to move for a new trial in Nevada and/or submit a Nevada appeal.

11) Do all plea deals require me to plead guilty in Nevada?

Not all. It depends on the case.

In some misdemeanor criminal cases in Nevada, the prosecutor may agree to a plea bargain by "submittal." This is when the judge delays judgment until after the defendant performs all the terms of the plea bargain (such as paying a fine, doing community service, or attending a class). If the defendant successfully finishes the terms, the judge will dismiss the case without the defendant ever having to enter a plea or getting convicted.

In some other misdemeanor and felony cases, the prosecutor may agree to plea bargain by "stayed adjudication." This is when the judge permits the defendant to withdraw his/her guilty plea prior to the judge rendering a judgment in the case as long as the defendant successfully finishes all the sentencing terms. The judge will then dismiss the charge, and the defendant will have no conviction.

Otherwise, defendants entering into plea deals will have to enter a guilty plea, which will then count as a criminal conviction.

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The most favorable plea deals have probation in lieu of prison.

12) Do some plea deals involve jail or prison time in Nevada?

Yes. For more serious felony cases in Nevada, one of the terms of the plea bargain can include time in custody. Felony plea bargains can also include term "ranges" such as 2 to 5 years in prison, and it is ultimately up to the judge to decide how much prison within that term to impose.

In most Nevada misdemeanor cases, the plea deal sentences involve no jail and just fines, community service, and/or educational classes.

13) Can I get probation through a plea bargain in Nevada?

It depends on the case. There are some criminal charges for which the court is legally prohibited from granting probation.1 These include:

14) Can I plead "no contest" instead of "guilty" in Nevada?

Usually, yes. Pleading "no contest" yields the same result as pleading "guilty"...which is a conviction. But by pleading "no contest," the defendant is not admitting guilt. Instead, "no contest" is merely an acknowledgment that the prosecution has sufficient evidence to prove guilt. For that reason many defendants prefer to plead "no contest" instead of "guilty."

15) Will prosecutors ever refuse to negotiate a criminal case in Nevada?

Prosecutors will usually entertain plea negotiations in any of their cases, but they are under no obligation to resolve a case without a trial. Furthermore prosecutors usually have a quota of cases they are required to take to trial. If there is specific a case the prosecutor wants to take to trial, the prosecutor may purposely not offer any good plea deals to ensure the defendant will choose to go to trial.

16) Will judges always agree to plea deals in Nevada?

In the vast majority of cases, the judge will defer to any plea negotiation agreed to by the defense and prosecution. But note that the judge is not legally obliged to rubber stamp a plea deal...the judge always has the discretion to reject a plea deal and impose his/her own sentencing terms. But this hardly ever happens.

17) How do I enter a plea in Nevada?

If the defense and prosecution agree to a resolution, they will tell the judge at the next court date. Either the defense attorney or the prosecutor will dictate the terms of the plea deal to the judge. Then the judge will ask the defendant a series of questions to determine whether the defendant understands the resolution and the rights he/she is giving up.

Finally the judge will impose the sentence, which is almost always identical to the sentence the defense and prosecution already agreed to. The defendant will then get another court date by which time the sentencing terms should be completed.

18) Does the judge sentence me on the same day I enter a plea in Nevada?

It depends whether the charge is for a misdemeanor or felony. In Nevada misdemeanor cases, the judge typically imposes a sentence right after the entry of plea. In Nevada felony cases, the judge imposes the sentence on a different day usually weeks after the entry of plea.

19) Do I have to be present to enter a plea in Nevada?

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Defendants pleading to a felony in Nevada must be present in court to enter the plea.

It depends on two factors:

  1. Whether the charges are for a misdemeanor or a felony, and
  2. Whether the plea deal includes a period of incarceration or a "suspended jail sentence" (which is where the judge can impose jail if the defendant fails to complete the other sentencing terms of the plea agreement)

In Nevada misdemeanor cases where the resolution involves no jail time or suspended jail sentence, the defense attorney can appear in court without the defendant present and enter the plea on the defendant's behalf.

In Nevada misdemeanor cases where the resolution involves jail time or a suspended jail sentence, the judge usually prefers for the defendant to be present to enter the plea. However if the defendant lives out of state, the judge may accept a "written entry of plea" in lieu of the defendant's presence. A written entry of plea is a notarized document that the defendant signs acknowledging that he/she understands the terms of the plea deal.

In Nevada felony cases, the defendant is required to be present for the entry of plea even if sentence involves no prison time.

20) Are there some charges that cannot be resolved through a plea in Nevada?

No. Potentially every criminal case can be resolved by a negotiation, even the Nevada crime of murder. But both the defense and prosecution as well as the judge have to agree to the negotiation in order to avoid trial.

21) What if I break the terms of my plea deal in Nevada?

Every plea bargain agreement outlines the consequences for violating its terms. Depending on the case, violating a plea bargain agreement can result in a judicial slap on the wrist, fines, more sentencing terms, or incarceration.

If the plea bargain included a suspended jail sentence, the judge has the discretion to impose that sentence as punishment for failure to carry out the terms of the plea bargain. But if the defendant has a good excuse for violating the terms of the plea bargain, the judge may give the defendant a pass.

22) Can I withdraw a plea in Nevada?

Defendants who regret entering a plea can always try to withdraw their plea by filing a motion to withdraw the plea...but the success rate for taking back a plea is very low in Nevada. The most effective arguments for having a plea withdrawn include:

  • The defendant had ineffective assistance of legal counsel.
  • The defendant did not make the plea knowingly, voluntarily, and intelligently.
  • The defendant was not informed that probation may be unavailable.

Defendants who entered a plea but have not yet been sentenced have a greater chance of withdrawing a plea than defendants who have already been sentenced. Judges will not withdraw a plea just because defendants are dissatisfied with their sentences...by taking the plea in the first place, defendants assume the risk of the judge imposing an unfavorable sentence.

23) Can non-citizens take plea bargains in Nevada?

Anyone charged with a crime in Nevada has the opportunity to resolve the case without a trial. For immigrants and non-citizens who are charged with deportable offenses in Nevada, it is critical that they come to a resolution which does not put them at risk at being thrown out of the country. Henderson criminal defense attorney Neil Shouse gives an example:

Example: Pablo is a legal resident in Nevada in the process of applying for full citizenship. Las Vegas police arrest Pablo for the Nevada crime of child abuse, which is a crime of moral turpitude in Nevada and can therefore get him deported from the U.S. Pablo does not want to go to trial, so his defense attorney tries to work out a plea bargain with the district attorney. The D.A. concedes there may be insufficient evidence to sustain a conviction for child abuse, but he is unwilling to dismiss the case outright. So instead the D.A. offers to reduce the charge to the Nevada crime of disorderly conduct.

If Pablo agrees to the D.A.'s offer in the above example, Pablo will not risk deportation because disorderly conduct is not a deportable offense. For more information see our articles on the criminal defense of immigrants in Nevada.

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Everyone charged with a Nevada crime that carries more than 6 months in jail has a right to a jury trial. Otherwise, the defendant has the right to a bench trial.

24) Am I ever required to take a plea in Nevada?

No. Criminal defendants are never required to resolve a case without a trial. Every person charged with a crime in Nevada including minor traffic tickets has the right to a trial.

25) What are some common plea bargains in Nevada?

Below are some typical plea resolutions in Nevada for first-time offense charges of petit larceny, battery domestic violence, and personal drug possession.

Plea terms for first-time petit larceny (stealing less than $650 worth of property) in Nevada:

  • $250; and
  • Petit larceny class; and
  • The defendant may not get any further arrests or citations while the case is open

Upon successful completion of these terms, the judge will dismiss the case so there is no conviction. If the defendant does not complete the terms, the defendant will get convicted of petty larceny. Note that the maximum penalties for a petty larceny conviction is 6 months in jail and/or $1,000 in fines. Learn more in our article on the Nevada crime of petit larceny.

Plea terms for first-time misdemeanor battery domestic violence in Nevada:

  • 2 days of jail (the defendant usually gets credit for the time he/she served following the arrest); and
  • 48 to 120 hours of community service; and
  • Up to $1,000 in fines; and
  • 6 months of weekly counseling; and
  • The defendant may not get any further arrests or citations while the case is open

Upon successful completion of these terms, the judge will close the case. Although the defendant will have a conviction for battery domestic violence, he/she can petition the court to seal the record once seven years pass after the case is closed. Learn more about sealing criminal records in Nevada.

Note that the maximum penalties for a battery domestic violence conviction is 6 months in jail and/or $1,000 in fines. For more information see our article on the Nevada crime of battery domestic violence.

Plea terms for first-time felony possession of drugs for personal use in Nevada:

  • A drug education class or a rehab program; and
  • Fines; and
  • 1 year suspended sentence in Nevada State Prison; and
  • The defendant may not get any further arrests or citations while the case is open

Upon successful completion of these terms, the judge will dismiss the case so there is no conviction. If the defendant does not complete the terms, the defendant will get convicted of felony drug possession and may have to serve up to 1 year in custody. For more information see our article on the Nevada crime of possession of drugs for personal use.

Arrested? Call an attorney...

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Call us at 702-DEFENSE (702-333-3673).

If you are facing criminal charges in Nevada, call our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation. We may be able to negotiate with prosecutors to get your charge reduced or dismissed. Otherwise, we are ready to fight for your innocence at trial.

 

Legal References:

1NRS 453.321 Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence for certain repeat offenders.

1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:

(a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;

(b) Manufacture or compound a counterfeit substance; or

(c) Offer or attempt to do any act set forth in paragraph (a) or (b).

2.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, the person is guilty of a category B felony and shall be punished:

(a) For the first offense, 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 may be further punished by a fine of not more than $20,000.

(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, 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 $20,000.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

3.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

4.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:

(a) For the first offense, for a category C felony as provided in NRS 193.130.

(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony 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 $15,000.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

5.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

NRS 200.485 Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation and suspension; definitions.

1.  Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

--> The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

--> The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

2.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.

3.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

--> If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

4.  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 when evidenced by a conviction, 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.

5.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.

6.  In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

7.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person's ability to pay.

8.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge 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 prosecuting 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 court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

9.  As used in this section:

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

(b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

NRS 200.830 Performance of health care procedure without license; penalties.

A person who performs a health care procedure on another person without a license which results in:

1.  Substantial bodily harm other than death to the person who received the procedure:

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

(b) For any 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 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 but not more than $5,000.

2.  The death of the person who received the procedure, unless a greater penalty is provided by statute, 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 shall be further punished by a fine of not less than $2,000 but not more than $5,000. A sentence imposed pursuant to this subsection may not be suspended nor may probation be granted.

NRS 200.840 Performance of surgical procedure without license; penalties.

A person who performs a surgical procedure on another person without a license which results in:

1.  No substantial bodily harm to the person who received the procedure:

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

(b) For a second 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 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 but not more than $5,000.

2.  Substantial bodily harm other than death to the person who received the procedure 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 shall be further punished by a fine of not less than $2,000 but not more than $5,000.

3.  The death of the person who received the procedure, unless a greater penalty is provided by statute, 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 shall be further punished by a fine of not less than $2,000 but not more than $5,000. A sentence imposed pursuant to this subsection may not be suspended nor may probation be granted.

NRS 205.060 Burglary: Definition; penalties; venue; exception.

1.  Except as otherwise provided in subsection 5, a person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of burglary.

2.  Except as otherwise provided in this section, a person convicted of burglary 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. A person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released on probation or granted a suspension of sentence.

3.  Whenever a burglary is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed.

4.  A person convicted of burglary who has in his or her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, 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 $10,000.

5.  The crime of burglary does not include the act of entering a commercial establishment during business hours with the intent to commit petit larceny unless the person has previously been convicted:

(a) Two or more times for committing petit larceny within the immediately preceding 7 years; or

(b) Of a felony.

NRS 205.067 Invasion of the home: Definition; penalties; venue.

1.  A person who, by day or night, forcibly enters an inhabited dwelling without permission of the owner, resident or lawful occupant, whether or not a person is present at the time of the entry, is guilty of invasion of the home.

2.  A person convicted of invasion of the home 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. A person who is convicted of invasion of the home and who has previously been convicted of burglary or invasion of the home must not be released on probation or granted a suspension of sentence.

3.  Whenever an invasion of the home is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car traveled during the time the invasion was committed.

4.  A person convicted of invasion of the home who has in his or her possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, 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 $10,000.

5.  As used in this section:

(a) “Forcibly enters” means the entry of an inhabited dwelling involving any act of physical force resulting in damage to the structure.

(b) “Inhabited dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.

NRS 205.270 Penalty for taking property from person of another under circumstances not amounting to robbery; limitation on granting of probation or suspension of sentence.

1.  A person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his or her own use, takes property from the person of another, without the other person's consent, is guilty of:

(a) If the value of the property taken is less than $3,500, a category C felony and shall be punished as provided in NRS 193.130; or

(b) If the value of the property taken is $3,500 or more, 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 by a fine of not more than $10,000.

2.  In addition to any other penalty, the court shall order the person to pay restitution.

3.  The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if the person from whom the property was taken has any infirmity caused by age or other physical condition.

NRS 484C.420 Probation prohibited; suspension of sentence and plea bargaining restricted; mandatory orders when person is nonresident.

1.  A person convicted of violating the provisions of NRS 484C.110 or 484C.120 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484C.320, 484C.330 and 484C.340, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484C.110 or 484C.120 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.

2.  If the person who violated the provisions of NRS 484C.110 or 484C.120 possesses a driver's license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph

(1) of paragraph (a) of subsection 1 of NRS 484C.400, the court shall:

(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of the person's residence within the time specified in the order; or

(b) Order the person to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

--> and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

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; aggravating factor.

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 in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110,

--> 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.  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 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.

NRS 453.322 Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalty; prohibition against probation of offenders.

1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to knowingly or intentionally:

(a) Manufacture or compound a controlled substance other than marijuana.

(b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:

(1) Any chemical identified in subsection 4; or

(2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.

--> The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.

(c) Offer or attempt to do any act set forth in paragraph (a) or (b).

2.  Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates any provision of subsection 1 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 15 years, and may be further punished by a fine of not more than $100,000.

3.  The court shall not grant probation to a person convicted pursuant to this section.

4.  The following chemicals are identified for the purposes of subsection 1:

(a) Acetic anhydride.

(b) Acetone.

(c) N-Acetylanthranilic acid, its esters and its salts.

(d) Anthranilic acid, its esters and its salts.

(e) Benzaldehyde, its salts, isomers and salts of isomers.

(f) Benzyl chloride.

(g) Benzyl cyanide.

(h) 1,4-Butanediol.

(i) 2-Butanone (or methyl ethyl ketone or MEK).

(j) Ephedrine, its salts, isomers and salts of isomers.

(k) Ergonovine and its salts.

(l) Ergotamine and its salts.

(m) Ethylamine, its salts, isomers and salts of isomers.

(n) Ethyl ether.

(o) Gamma butyrolactone.

(p) Hydriodic acid, its salts, isomers and salts of isomers.

(q) Hydrochloric gas.

(r) Iodine.

(s) Isosafrole, its salts, isomers and salts of isomers.

(t) Lithium metal.

(u) Methylamine, its salts, isomers and salts of isomers.

(v) 3,4-Methylenedioxy-phenyl-2-propanone.

(w) N-Methylephedrine, its salts, isomers and salts of isomers.

(x) Methyl isobutyl ketone (MIBK).

(y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.

(z) Nitroethane, its salts, isomers and salts of isomers.

(aa) Norpseudoephedrine, its salts, isomers and salts of isomers.

(bb) Phenylacetic acid, its esters and its salts.

(cc) Phenylpropanolamine, its salts, isomers and salts of isomers.

(dd) Piperidine and its salts.

(ee) Piperonal, its salts, isomers and salts of isomers.

(ff) Potassium permanganate.

(gg) Propionic anhydride, its salts, isomers and salts of isomers.

(hh) Pseudoephedrine, its salts, isomers and salts of isomers.

(ii) Red phosphorous.

(jj) Safrole, its salts, isomers and salts of isomers.

(kk) Sodium metal.

(ll) Sulfuric acid.

(mm) Toluene.

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.

NRS 484C.470 Penalties for tampering with or driving without device; probation and suspension of sentence prohibited; plea bargaining restricted.

1.  A person required to install a device pursuant to NRS 484C.460 shall not operate a motor vehicle without a device or tamper with the device.

2.  A person who violates any provision of subsection 1:

(a) Must have his or her driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and       (b) Shall be:

(1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

(2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

--> No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.

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; or

(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.

(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.

NRS 193.165 Additional penalty: Use of deadly weapon or tear gas in commission of crime; restriction on probation.

1.  Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.375, in the commission of a crime shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the person; and

(e) Any other relevant information.

--> The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

2.  The sentence prescribed by this section:

(a) Must not exceed the sentence imposed for the crime; and

(b) Runs consecutively with the sentence prescribed by statute for the crime.

3.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

4.  The provisions of subsections 1, 2 and 3 do not apply where the use of a firearm, other deadly weapon or tear gas is a necessary element of such crime.

5.  The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, other deadly weapon or tear gas in the commission of any of the following crimes:

(a) Murder;

(b) Kidnapping in the first degree;

(c) Sexual assault; or

(d) Robbery.

6.  As used in this section, “deadly weapon” means:

(a) Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death;

(b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or

(c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.

NRS 193.166 Additional penalty: Felony committed in violation of order for protection or order to restrict conduct; restriction on probation.

1.  Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400, subsection 5 of NRS 200.591 or subsection 5 of NRS 200.378, in violation of:

(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;

(b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;

(c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;

(d) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS;

(e) A temporary or extended order issued pursuant to NRS 200.591; or

(f) A temporary or extended order issued pursuant to NRS 200.378,

--> shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a minimum term of not less than 1 year and a maximum term of not more than 20 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person 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 5 years.

2.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the person; and       (e) Any other relevant information. Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

3.  The sentence prescribed by this section:

(a) Must not exceed the sentence imposed for the crime; and

(b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.

4.  The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, battery which results in substantial bodily harm or battery which is committed by strangulation as described in NRS 200.481 or 200.485 if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.

5.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

NRS 193.168 Additional penalty: Felony committed to promote activities of criminal gang; restriction on probation; expert testimony.

1.  Except as otherwise provided in subsection 5 and NRS 193.169, any person who is convicted of a felony committed 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, shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the person; and

(e) Any other relevant information.

--> The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

2.  The sentence prescribed by this section:

(a) Must not exceed the sentence imposed for the crime; and

(b) Runs consecutively with the sentence prescribed by statute for the crime.

3.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

4.  The court shall not impose an additional penalty pursuant to this section unless:

(a) The indictment or information charging the defendant with the primary offense alleges that the primary offense was committed 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; and

(b) The trier of fact finds that allegation to be true beyond a reasonable doubt.

5.  The court shall not impose an additional penalty pursuant to this section if the primary offense is a violation of NRS 201.570.

6.  Except as otherwise provided in this subsection, the court shall not grant probation to or suspend the sentence of any person convicted of a felony committed for the benefit of, at the direction of, or in affiliation with, a criminal gang if an additional term of imprisonment may be imposed for that primary offense pursuant to this section. The court may, upon the receipt of an appropriate motion, reduce or suspend the sentence imposed for the primary offense if it finds that the defendant rendered substantial assistance in the arrest or conviction of any other principals, accomplices, accessories or coconspirators to the crime, or of any other persons involved in the commission of a felony which was committed for the benefit of, at the direction of, or in affiliation with, a criminal gang. The agency which arrested the defendant must be given an opportunity to support or oppose such a motion before it is granted or denied. If good cause is shown, the motion may be heard in camera.

7.  In any proceeding to determine whether an additional penalty may be imposed pursuant to this section, expert testimony is admissible to show particular conduct, status and customs indicative of criminal gangs, including, but not limited to:

(a) Characteristics of persons who are members of criminal gangs;

(b) Specific rivalries between criminal gangs;

(c) Common practices and operations of criminal gangs and the members of those gangs;

(d) Social customs and behavior of members of criminal gangs;

(e) Terminology used by members of criminal gangs;

(f) Codes of conduct, including criminal conduct, of particular criminal gangs; and

(g) The types of crimes that are likely to be committed by a particular criminal gang or by criminal gangs in general.

8.  As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:

(a) Has a common name or identifying symbol;

(b) Has particular conduct, status and customs indicative of it; and

(c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.

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