Question 1

What are public officers in Nevada?

Accepted Answer

Nevada law defines public officers as: [A] person elected or appointed to a position which: 1) Is established by the constitution or a statute of this State, or by a charter or ordinance of a political subdivision of this State; and 2) Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.

Question 2

What does NRS 197.130 prohibit?

Accepted Answer

Nevada law forbids public officers from knowingly being misleading or untruthful in their official reports or statements. In short, they may not lie on the job in an official capacity. Note that Nevada law prohibits lying only in official statements. Leaked informal emails by public officers that have falsehoods do not violate NRS 197.130 because they do not qualify as official statements or reports.

Question 3

Can the officers go to jail?

Accepted Answer

Potentially. Deliberately giving false statements or false reports is a gross misdemeanor. The criminal sentence in the state of Nevada includes up to 364 days in county jail, and/or fines of up to $1,000. The district attorney may be willing to plea bargain the case down. And judges may be willing to order only fines and suspend the jail sentence, especially for a first-time offense. But note that the political penalties may be far worse than any criminal charge. Depending on the seriousness of the false information, the defendant may lose his/her job as a public officer. The defendant may also face expensive civil action lawsuits.

Question 4

What are common defenses to this charge?

Accepted Answer

There are various possible defenses that could get an NRS 197.130 charge reduced or dropped completely. Three potential arguments include: 1) The public officer did not lie knowingly. Perhaps the defendant made an honest mistake. Or perhaps someone else set up the defendant to unintentionally give fraudulent information. Unless prosecutors can prove beyond a reasonable doubt that the defendant knowingly lied, no crime occurred. 2) The lie was not in an official report or statement. NRS 197.130 does not apply to public officials' informal conversations or statements unrelated to their employment. As long as prosecutors cannot show that the misinformation was part of an official statement or report, charges should be dropped. 3) There was no lie. Maybe the D.A. was wrong about the public official's statement being untrue. Or perhaps the statement was merely an opinion and not a statement of fact. If the prosecutors cannot demonstrate that the public official's words rose to the level of misleading or inaccurate, then nothing unlawful occurred. Common evidence in these cases includes the alleged statement itself, witnesses, and recorded communications - such as emails, voicemails, and text messages.

Question 5

Can the record be sealed?

Accepted Answer

Yes. A NRS 179.130 conviction can be sealed from the defendants' record two (2) years after the case closes. But if the charge got dismissed - meaning that there was no conviction - then the defendant can pursue a record seal right away.

1. ¿Quiénes se consideran funcionarios públicos?

2. ¿Qué es una declaración falsa a sabiendas?

3. ¿Pueden los funcionarios ir a la cárcel?

4. ¿Cuáles son las defensas comunes?

5. ¿Se puede sellar el expediente?

Referencias legales

NRS 197.130 – Informe Falso por Funcionario Público – Ley de Nevada