1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, 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 punished by:
(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 12 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 punished by:
(1) Imprisonment in the city or county jail or detention facility for not less than 20 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. 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 not be less than 12 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.
(c) For the third offense within 7 years, 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 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
2. Unless a greater penalty is provided pursuant to subsection 3 or 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.
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A felony that constitutes domestic violence pursuant to NRS 33.018;
(b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or
(c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),
and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 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 shall be further punished by a fine of not less than $2,000, but not more than $5,000.
4. 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 against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:
(a) For the first offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.
(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of 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 less than $1,000, but not more than $5,000.
5. 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 causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of 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 less than $1,000, but not more than $5,000.
6. 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, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(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 not less 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 439.258.
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 439.258.
7. Except as otherwise provided in this subsection, 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:
(a) When evidenced by a conviction; or
(b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,
without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date 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.
8. 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 an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
9. 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.
10. 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. Except as otherwise provided in this subsection, a court shall not grant probation to or suspend the sentence of such a person. A court may grant probation to or suspend the sentence of such a person:
(a) As set forth in NRS 4.373 and 5.055; or
(b) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.
11. In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
12. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm 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 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is 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 6 years, and may be further punished by a fine of not more than $5,000.
13. 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.
(Added to NRS by 1997, 1811; A 1999, 1880; 2001, 11, 432, 2485, 2922, 2932; 2003, 1481; 2005, 29, 533; 2007, 1436, 1438; 2009, 89, 91; 2017, 2457, 3026, 3121, 3183; 2019, 1815, 2857, 4420; 2021, 660, 2484)
1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, 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 punished by:
(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 12 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 punished by:
(1) Imprisonment in the city or county jail or detention facility for not less than 20 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. 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 not be less than 12 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.
(c) For the third offense within 7 years, 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 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
2. Unless a greater penalty is provided pursuant to subsection 3 or 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.
3. Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A felony that constitutes domestic violence pursuant to NRS 33.018;
(b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or
(c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),
and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 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 shall be further punished by a fine of not less than $2,000, but not more than $5,000.
4. 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 against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:
(a) For the first offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.
(b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of 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 less than $1,000, but not more than $5,000.
5. 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 causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of 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 less than $1,000, but not more than $5,000.
6. 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, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(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 not less 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 439.258.
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 439.258.
7. Except as otherwise provided in this subsection, 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:
(a) When evidenced by a conviction; or
(b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,
without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date 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.
8. 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 an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.
9. 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.
10. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a misdemeanor and may prohibit the person from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360, the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011, regardless of whether the person was previously prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360.
11. A court:
(a) Except as otherwise provided in paragraph (b), shall not grant probation to or suspend the sentence of a person described in subsection 10.
(b) May grant probation to or suspend the sentence of a person described in subsection 10:
(1) As set forth in NRS 4.373 and 5.055; or
(2) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.
12. In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
13. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm 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 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is 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 6 years, and may be further punished by a fine of not more than $5,000.
14. 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.
(Added to NRS by 1997, 1811; A 1999, 1880; 2001, 11, 432, 2485, 2922, 2932; 2003, 1481; 2005, 29, 533; 2007, 1436, 1438; 2009, 89, 91; 2017, 2457, 3026, 3121, 3183; 2019, 1815, 2857, 4420; 2021, 660, 1316, 2484, effective January 1, 2022)
Structure Nevada Revised Statutes
Chapter 200 - Crimes Against the Person
NRS 200.010 - "Murder" defined.
NRS 200.020 - Malice: Express and implied defined.
NRS 200.030 - Degrees of murder; penalties.
NRS 200.033 - Circumstances aggravating first degree murder.
NRS 200.035 - Circumstances mitigating first degree murder.
NRS 200.040 - "Manslaughter" defined.
NRS 200.050 - "Voluntary manslaughter" defined.
NRS 200.060 - When killing punished as murder.
NRS 200.070 - "Involuntary manslaughter" defined.
NRS 200.080 - Punishment for voluntary manslaughter.
NRS 200.090 - Punishment for involuntary manslaughter.
NRS 200.110 - Place of trial for homicide.
NRS 200.120 - "Justifiable homicide" defined; no duty to retreat under certain circumstances.
NRS 200.140 - Justifiable homicide by peace officer.
NRS 200.150 - Justifiable or excusable homicide.
NRS 200.160 - Additional cases of justifiable homicide.
NRS 200.170 - Burden of proving circumstances of mitigation or justifiable or excusable homicide.
NRS 200.180 - Excusable homicide by misadventure.
NRS 200.190 - Justifiable or excusable homicide not punishable.
NRS 200.200 - Killing in self-defense.
NRS 200.210 - Killing of unborn quick child; penalty.
NRS 200.220 - Taking drugs to terminate pregnancy; penalty.
NRS 200.230 - Death resulting from overloading of passenger vessel; penalties.
NRS 200.260 - Death resulting from unlawful manufacture or storage of explosives; penalty.
NRS 200.275 - Justifiable infliction or threat of bodily injury not punishable.
NRS 200.280 - Definition; penalty.
NRS 200.290 - Instrument or manner of inflicting injury immaterial.
NRS 200.300 - Injury not resulting in permanent injury; defendant may be convicted of assault.
NRS 200.320 - Kidnapping in first degree: Penalties.
NRS 200.330 - Kidnapping in second degree: Penalties.
NRS 200.340 - Penalty for aiding or abetting.
NRS 200.350 - Where proceedings may be instituted; consent is not defense.
NRS 200.366 - Sexual assault: Definition; penalties; exclusions.
NRS 200.368 - Statutory sexual seduction: Penalties.
NRS 200.373 - Sexual assault of spouse by spouse.
NRS 200.377 - Victims of certain sexual offenses: Legislative findings and declarations.
NRS 200.3774 - Victims of certain sexual offenses: Effect of waiver of confidentiality.
NRS 200.3782 - Duration of orders; dissolution or modification of orders.
NRS 200.3783 - Order to be transmitted to law enforcement agencies; enforcement.
NRS 200.380 - Definition; penalty.
NRS 200.390 - Administration of poison: Penalty.
NRS 200.400 - Definition; penalties.
NRS 200.405 - Administration of drug to aid commission of felony: Penalty.
NRS 200.410 - Death resulting from duel; penalty.
NRS 200.430 - Incriminating testimony; witness’s privilege.
NRS 200.440 - Posting for not fighting; use of contemptuous language.
NRS 200.450 - Challenges to fight; penalties.
NRS 200.460 - Definition; penalties.
NRS 200.463 - Involuntary servitude; penalties.
NRS 200.4631 - Involuntary servitude of minors; penalties.
NRS 200.465 - Assuming rights of ownership over another person; purchase or sale of person; penalty.
NRS 200.466 - Power of court to order restitution for violation of NRS 200.463, 200.464 or 200.465.
NRS 200.467 - Trafficking in persons for financial gain; penalties.
NRS 200.468 - Trafficking in persons for illegal purposes; penalty.
NRS 200.4685 - Trafficking in children; penalty.
NRS 200.469 - Power of court to order restitution for violation of NRS 200.467, 200.468 or 200.4685.
NRS 200.481 - Battery: Definitions; penalties.
NRS 200.490 - Provoking assault: Penalty.
NRS 200.495 - Definitions; penalties.
NRS 200.508 - Abuse, neglect or endangerment of child: Penalties; definitions.
NRS 200.5083 - Mutilation of genitalia of female child: Penalties; definitions.
NRS 200.5085 - Use of nonmedical remedial treatment.
NRS 200.5091 - Policy of State.
NRS 200.50925 - "Reasonable cause to believe" and "as soon as reasonably practicable" defined.
NRS 200.5094 - Reports: Manner of making; contents.
NRS 200.50955 - Law enforcement agency: Required to act promptly in obtaining certain warrants.
NRS 200.5097 - Admissibility of evidence.
NRS 200.50986 - Petition for removal of guardian of older person or vulnerable person.
NRS 200.50995 - Penalties for conspiracy.
NRS 200.510 - Definition; penalties; truth may be given in evidence; jury to determine law and fact.
NRS 200.520 - Publication defined.
NRS 200.530 - Liability of editor or publisher.
NRS 200.540 - Criminal proceedings: Venue.
NRS 200.550 - Furnishing libelous information: Penalty.
NRS 200.560 - Threatening to publish libel: Penalty.
NRS 200.571 - Harassment: Definition; penalties.
NRS 200.581 - Where offense committed.
NRS 200.594 - Duration of orders; dissolution or modification of orders.
NRS 200.597 - Order to be transmitted to law enforcement agencies; enforcement.
NRS 200.605 - Penalties; definition.
NRS 200.620 - Interception and attempted interception of wire communication prohibited; exceptions.
NRS 200.640 - Unauthorized connection with facilities prohibited.
NRS 200.650 - Unauthorized, surreptitious intrusion of privacy by listening device prohibited.
NRS 200.720 - Promotion of sexual performance of minor unlawful.
NRS 200.735 - Exemption for purposes of law enforcement.
NRS 200.740 - Determination by court or jury of whether person was minor.
NRS 200.770 - "Intimate image" defined.
NRS 200.775 - "Sexual conduct" defined.
NRS 200.780 - Unlawful dissemination of intimate image; exceptions; penalty.
NRS 200.785 - Demands in exchange for removal of intimate image; penalty.
NRS 200.790 - Liability of interactive computer service.
NRS 200.810 - "Health care procedure" defined.
NRS 200.820 - "Surgical procedure" defined.
NRS 200.830 - Performance of health care procedure without license; penalties.
NRS 200.840 - Performance of surgical procedure without license; penalties.