NRS 212.160 – “Furnishing Weapons, Intoxicants or Drugs to State Prisoners” in Nevada

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding furnishing weapons, intoxicants, or drugs to state prisoners in Nevada:

• 1. Elements of NRS 212.160
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 212.160

NRS 212.160 prohibits knowingly giving – or attempting to give – inmates in Nevada State Prison:

• deadly weapons,
• explosives,
• facsimiles of a firearm or an explosive (such as a fake gun),
• any controlled substance (including prescription drugs or medical marijuana), and/or
• intoxicating liquor.

This state law also makes it a crime to help someone else to give these prohibited items to state prisoners. Even leaving a prohibited item where a state prisoner can obtain it is a crime under the statute.

Note that it does not matter whether the transfer of contraband occurs in a:

• state correctional facility,
• courthouse,
• prison bus, or
• any other detention facility or location the state inmate is in custody.¹

In practice, it is very difficult for outsiders to furnish contraband to prisoners. Friends or family who visit inmates during visiting hours go through metal detectors, leave their bags in a locker, and usually see the inmate only through glass.

Many prisons have a “wall of shame” where they post mug shots of friends and family who were caught with methamphetamine or other contraband in their undergarments in the hopes of passing it on to an inmate.

2. Penalties

Knowingly furnishing state prisoners with narcotics, weapons, or explosives is a category B felony in Nevada. The sentence is:

• 1 to 6 years in prison and
• Up to $5,000 in fines (at the judge’s discretion).

Note that if you are convicted of this felony, you would lose your right to own or possess firearms.

Meanwhile, it is a gross misdemeanor to give alcohol to state prisoners. The punishment is:

• Up to 364 days in jail and/or
• Up to $2,000 in fines.²

Obviously, you may face additional charges for committing drug crimes and firearms crimes.

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with crimes, including furnishing inmates with weapons or drugs. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting NRS 212.160 charges reduced or dismissed:

1. You did not act knowingly. If the prisoner may have swiped your firearm or pillbox without your knowledge, your charge should be dismissed.
2. You were falsely accused. Perhaps prison staff accused you of furnishing contraband to prisoners out of anger, revenge, or a genuine misunderstanding.
3. The police officers committed misconduct. Criminal charges can be dismissed if the law enforcement agency violated the law, such as by coercing a confession or committing entrapment.

In every criminal case, prosecutors have the burden to prove guilt beyond a reasonable doubt. If the defense attorney can show that the state’s evidence is too insufficient, inconsistent, or inaccurate to sustain a conviction, the district attorney or state attorney general may drop the case.

4. Immigration Consequences

Non-citizens convicted of giving firearms or drugs to state penal institution inmates could face deportation since courts may consider it a crime involving moral turpitude.³ That is why immigrant defendants should seek out legal counsel as soon as possible to try to get the charges dismissed or reduced to a non-deportable offense.

5. Record Seals

Category B felony convictions for giving firearms or drugs to state prisoners can be sealed five years after the case ends. Meanwhile, gross misdemeanor convictions for giving alcohol to state prisoners can be sealed two years after the case ends.

Note that criminal charges that get dismissed can be sealed right away.⁴ Learn more about how to seal criminal records in Nevada.

Frequently Asked Questions

What if the inmate never actually received the contraband?

Nevada law prohibits not only furnishing contraband to a prisoner, but also attempting to furnish it or helping someone else furnish it. You can therefore be charged even if correctional staff intercept the contraband before it reaches the inmate.

Does leaving contraband where an inmate can find it count as furnishing it?

Yes. NRS 212.160 specifically provides that knowingly leaving or causing contraband to be left where a prisoner may obtain it constitutes furnishing contraband. The prosecution does not have to prove a hand-to-hand transfer occurred.

What does the prosecutor have to prove to convict me under NRS 212.160?

The prosecution generally must prove beyond a reasonable doubt that you knowingly furnished, attempted to furnish, or assisted in furnishing a prohibited item to a covered prisoner and that you were not authorized by law to do so. The prohibited items include deadly weapons, explosives, facsimile firearms or explosives, controlled substances, and intoxicating liquor.

Does NRS 212.160 apply only inside a prison building?

No. The statute applies to prisoners confined in Nevada Department of Corrections custody, including prisoners who are temporarily housed or assigned to other authorized locations. Depending on the circumstances, the law can apply even when the inmate is outside the physical prison facility.

Can a prison visitor be charged for trying to bring drugs into a correctional facility?

Yes. A visitor who knowingly attempts to bring controlled substances to a prisoner may be prosecuted under NRS 212.160 even if correctional officers discover the drugs before they reach the inmate. Additional Nevada drug charges may also apply.

Can a correctional officer or prison employee be charged under NRS 212.160?

Yes. The statute applies to any person who is not legally authorized to furnish the prohibited item. A correctional employee who knowingly provides drugs, alcohol, weapons, or other prohibited contraband to an inmate can face criminal prosecution.

Is furnishing alcohol to a prisoner punished the same way as furnishing drugs or weapons?

No. Furnishing a deadly weapon, explosive, facsimile firearm or explosive, or controlled substance is a Category B felony carrying 1 to 6 years in prison and up to a $5,000 fine. Furnishing intoxicating liquor is a gross misdemeanor.

Can marijuana still be considered prison contraband in Nevada?

Yes. Even though recreational marijuana is legal for many adults in Nevada, inmates generally may not possess marijuana or marijuana paraphernalia without lawful authorization. Bringing marijuana to a prisoner can still result in criminal charges.

How do I fight charges of furnishing contraband to a prisoner?

Common defenses include lack of knowledge, lack of intent, false accusations, mistaken identity, insufficient evidence, lawful authorization, and violations of the defendant’s constitutional rights during the investigation. The specific defense depends on the facts of the case.

What if I did not act alone?

Nevada prosecutors can charge multiple participants who allegedly worked together to furnish contraband to a prisoner. Depending on the evidence, conspiracy or aiding-and-abetting theories may also be alleged.

Can I face separate drug charges in addition to a charge under NRS 212.160?

Yes. If the alleged contraband is a controlled substance, prosecutors may file both furnishing-contraband charges and separate Nevada drug charges. The potential penalties depend on the type of drug, the amount involved, and the circumstances of the case.

Do I get searched before entering a correctional facility to visit an inmate?

Yes. Nevada correctional facilities may require visitors to submit to security screenings and searches before entering. Evidence discovered during a lawful search may be used in a criminal prosecution if prohibited items are found.

Does NRS 212.160 apply only to state prisoners?

The statute specifically covers prisoners in the custody of the Nevada Department of Corrections. Separate statutes may apply to county jail inmates, juvenile detainees, or other individuals held in custody.

Can I be charged if I did not know the package contained contraband?

Possibly not. Knowledge is an important element of the offense. If you genuinely did not know that a package, letter, or item contained prohibited contraband, that lack of knowledge may provide a defense to the charge.

Can I be charged for helping someone else furnish contraband to a prisoner?

Yes. NRS 212.160 expressly prohibits aiding or assisting another person in furnishing prohibited items to a prisoner. You do not have to personally hand the item to the inmate to face criminal liability.

Does a conviction under NRS 212.160 affect gun rights?

Yes. A felony conviction for furnishing drugs, weapons, explosives, or similar contraband to a prisoner can result in the loss of firearm rights under Nevada and federal law unless those rights are later restored.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Prison Contraband: Prevalence, Impacts, and Interdiction Strategies – Corrections.
• The Voluntary Act Requirement in Prison Contraband Cases – St. Louis University Law Journal.
• The Sociology of Contraband: Examining the Correlates of Illicit Drugs, Cellphones, and Weapons in U.S. Prisons – The Prison Journal.
• Smoke ‘Em if You Got ‘Em: Cigarette Black Markets in U.S. Prisons and Jails – The Prison Journal.
• Drugs in Prison: A Break in the Pathway –  Substance Use & Misuse.

See our related articles on the Nevada crimes of furnishing telephones to prisoners (NRS 212.165), prisoners possessing drugs, weapons, or phones, and escaping prison (NRS 212.090).

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Legal References