1. Except as otherwise provided in subsection 3 and NRS 193.169, any person who commits a felony on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus is engaged in its official duties 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. Unless a greater penalty is provided by specific statute and except as otherwise provided in NRS 193.169, in lieu of an additional term of imprisonment as provided pursuant to subsections 1 and 2, if a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who committed the felony intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person, the felony may be deemed a category A felony and the person who committed the felony may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
4. Subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 3 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
5. For the purposes of this section, "school bus" has the meaning ascribed to it in NRS 483.160.
(Added to NRS by 1989, 2065; A 1991, 1058; 1995, 1424; 1999, 1334; 2007, 3186)
Structure Nevada Revised Statutes
Chapter 193 - Criminality Generally
NRS 193.0115 - "Bond" defined.
NRS 193.012 - "Break" defined.
NRS 193.0125 - "Building" defined.
NRS 193.013 - "Corrupt" and "corruptly" defined.
NRS 193.014 - "Dwelling house" defined.
NRS 193.0145 - "Enter" defined.
NRS 193.0148 - "Gender identity or expression" defined.
NRS 193.0155 - "Indicted," "indictment," "informed against" and "information" defined.
NRS 193.016 - "Judge" defined.
NRS 193.0165 - "Jurors" defined.
NRS 193.017 - "Knowingly" defined.
NRS 193.0175 - "Malice" and "maliciously" defined.
NRS 193.018 - "Neglect," "negligence," "negligent" and "negligently" defined.
NRS 193.0185 - "Nighttime" defined.
NRS 193.019 - "Officer" and "public officer" defined.
NRS 193.0195 - "Owner" defined.
NRS 193.0205 - "Person" defined.
NRS 193.021 - "Personal property" defined.
NRS 193.0215 - "Prison" defined.
NRS 193.022 - "Prisoner" defined.
NRS 193.0225 - "Property" defined.
NRS 193.023 - "Railway" or "railroad" defined.
NRS 193.0235 - "Real property" defined.
NRS 193.024 - "Signature" defined.
NRS 193.0245 - "Writing" defined.
NRS 193.030 - Construction of provisions of title.
NRS 193.040 - Intent to defraud.
NRS 193.050 - Conduct constituting crime; prohibited or unlawful acts; common law.
NRS 193.060 - Construction of provisions similar to existing laws.
NRS 193.070 - Effect of provisions upon past offenses.
NRS 193.075 - Effect of repeal of statute: Penalty previously imposed; prior violations.
NRS 193.080 - Application to existing civil rights.
NRS 193.090 - Civil remedies preserved.
NRS 193.100 - Proceedings to impeach or remove officers and others preserved.
NRS 193.110 - Authority of courts-martial unaffected; punishment for contempt unaffected.
NRS 193.120 - Classification of crimes.
NRS 193.130 - Categories and punishment of felonies.
NRS 193.140 - Punishment of gross misdemeanors.
NRS 193.150 - Punishment of misdemeanors.
NRS 193.151 - Prohibited act is misdemeanor when no penalty imposed.
NRS 193.153 - Punishment for attempts.
NRS 193.160 - Penalty for misdemeanor by corporations when not fixed by statute.
NRS 193.162 - Felony committed by adult with assistance of child.
NRS 193.163 - Use of handgun containing metal-penetrating bullet in commission of crime.
NRS 193.1677 - Commission of crime because victim is first responder.
NRS 193.1678 - Commission of crime because victim is spouse or child of first responder.
NRS 193.170 - Prohibited act is misdemeanor when no penalty imposed.
NRS 193.190 - To constitute crime there must be unity of act and intent.
NRS 193.200 - Intent: How manifested.
NRS 193.205 - Intent to defraud.
NRS 193.210 - When person considered to be of sound mind.
NRS 193.220 - When voluntary intoxication may be considered.
NRS 193.230 - Lawful resistance to commission of public offense: Who may make.
NRS 193.240 - Resistance by party about to be injured.
NRS 193.250 - Resistance by other persons.
NRS 193.260 - Persons acting by command of officers of justice.
NRS 193.270 - Acts punishable under foreign law.
NRS 193.280 - Defendant allowed to introduce in evidence foreign acquittal.
NRS 193.290 - Conviction or acquittal in other county is sufficient defense.
NRS 193.300 - Punishment for contempt.
NRS 193.301 - Omission to perform duty: When not punishable.
NRS 193.302 - "Chemical agent" defined.
NRS 193.3025 - "Peace officer" defined.
NRS 193.303 - "Physical force" defined.
NRS 193.304 - Prohibition against use of deadly force.
NRS 193.306 - Prohibited acts and duties relating to restraint chairs.
NRS 193.307 - Prohibited acts relating to protests and demonstrations.
NRS 193.310 - Sending letters: When offense deemed complete; venue.
NRS 193.320 - Omission to perform duty: When not punishable.