1. Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:
(a) For the first offense, of either of the following, as determined by the court:
(1) A category C felony and shall be punished as provided in NRS 193.130; or
(2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
(b) For the second and all subsequent offenses or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, 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 6 years,
unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering, permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering or permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect is guilty:
(a) For the first offense, of either of the following, as determined by the court:
(1) A category C felony and shall be punished as provided in NRS 193.130; or
(2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
(b) For the second and all subsequent offenses, 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 6 years,
unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
3. Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished:
(a) For the first offense, if the value of any money, assets and property obtained or used:
(1) Is less than $650, of either of the following, as determined by the court:
(I) A category C felony as provided in NRS 193.130; or
(II) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;
(2) Is at least $650, but less than $5,000, 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, or by a fine of not more than $10,000, or by both fine and imprisonment; or
(3) Is $5,000 or more, 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 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment; or
(b) For the second and all subsequent offenses, regardless of the value of any money, assets and property obtained or used, 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 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
4. If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished:
(a) For the first offense, of either of the following, as determined by the court:
(1) A category C felony as provided in NRS 193.130; or
(2) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
(b) For the second and all subsequent offenses, 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 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which brought about the exploitation.
5. Any person who isolates or abandons an older person or a vulnerable person is guilty:
(a) For the first offense, of either of the following, as determined by the court:
(1) A category C felony and shall be punished as provided in NRS 193.130; or
(2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or
(b) For the second and all subsequent offenses, 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 10 years, and may be further punished by a fine of not more than $5,000,
unless a more severe penalty is prescribed by law for the act or omission which brings about the isolation or abandonment.
6. A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable 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, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished 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 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
8. In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.
9. As used in this section:
(a) "Allow" means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.
(b) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.
(c) "Substantial mental harm" means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.
(Added to NRS by 1981, 1336; A 1983, 1652, 1655; 1985, 249; 1995, 1194, 2253; 1997, 110, 1354; 2003, 2567; 2005, 1113; 2011, 159; 2013, 978; 2017, 2529, 2835)
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.