Nevada Revised Statutes
Chapter 212 - Offenses Relating to Prisons and Prisoners
NRS 212.165 - Prohibition on furnishing portable telecommunications device to prisoner and on possession of such devices in jail or institution or facility of Department of Corrections; penalties; petition for modification of sentence.


1. A person shall not, without lawful authorization, knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner confined in an institution or a facility of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. A person shall not, without lawful authorization, carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a misdemeanor.
3. A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. A prisoner confined in a jail or any other place where such prisoners are authorized to be or are assigned by the sheriff, chief of police or other officer responsible for the operation of the jail, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection and who is in lawful custody or confinement for a charge, conviction or sentence for:
(a) A felony is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A gross misdemeanor is guilty of a gross misdemeanor.
(c) A misdemeanor is guilty of a misdemeanor.
5. A sentence imposed upon a prisoner pursuant to subsection 3 or 4:
(a) Is not subject to suspension or the granting of probation; and
(b) Must run consecutively after the prisoner has served any sentences imposed upon the prisoner for the offense or offenses for which the prisoner was in lawful custody or confinement when the prisoner violated the provisions of subsection 3 or 4.
6. A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been reduced to a charge for which the penalty is less than the penalty which was imposed upon the person pursuant to subsection 4, with the court of original jurisdiction requesting that the court, for good cause shown:
(a) Order that his or her sentence imposed pursuant to subsection 4 be modified to a sentence equivalent to the penalty imposed for the underlying charge for which the person was convicted; and
(b) Resentence him or her in accordance with the penalties prescribed for the underlying charge for which the person was convicted.
7. A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been declined for prosecution or dismissed, with the court of original jurisdiction requesting that the court, for good cause shown:
(a) Order that his or her original sentence pursuant to subsection 4 be reduced to a misdemeanor; and
(b) Resentence him or her in accordance with the penalties prescribed for a misdemeanor.
8. No person has a right to the modification of a sentence pursuant to subsection 6 or 7, and the granting or denial of a petition pursuant to subsection 6 or 7 does not establish a basis for any cause of action against this State, any political subdivision of this State or any agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State.
9. As used in this section:
(a) "Facility" has the meaning ascribed to it in NRS 209.065.
(b) "Institution" has the meaning ascribed to it in NRS 209.071.
(c) "Jail" means a jail, branch county jail or other local detention facility.
(d) "Telecommunications device" has the meaning ascribed to it in subsection 6 of NRS 209.417.
(Added to NRS by 2007, 72; A 2013, 2095; 2015, 3081; 2017, 3660)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 212 - Offenses Relating to Prisons and Prisoners

NRS 212.010 - Punishment for unauthorized injury of prisoner; forfeiture abolished except when statutorily authorized.

NRS 212.020 - Inhumanity to prisoners.

NRS 212.030 - Warrant for arrest of escaped prisoner.

NRS 212.040 - Expenses of recapture and return of escaped prisoners.

NRS 212.050 - Authority to offer reward in certain cases.

NRS 212.070 - Expenses of prosecuting prisoner and person acting in concert with prisoner who escapes or commits crime while incarcerated.

NRS 212.080 - Recapture and imprisonment.

NRS 212.090 - Penalties for prisoner who escapes.

NRS 212.093 - Manufacture or possession by prisoner of items adapted, designed or commonly used to escape prohibited; penalty; exception.

NRS 212.095 - Unauthorized absences which constitute escape from prison; punishment; exception.

NRS 212.100 - Aiding prisoner to escape.

NRS 212.110 - Custodian permitting escape.

NRS 212.120 - Ministerial officer permitting escape.

NRS 212.130 - Concealing escaped prisoner.

NRS 212.135 - Definitions.

NRS 212.137 - "Contractor" defined.

NRS 212.138 - "Employee" defined.

NRS 212.139 - "Volunteer" defined.

NRS 212.140 - Unauthorized communication with prisoner.

NRS 212.150 - Communication with person charged or convicted of felony in county jail.

NRS 212.160 - Furnishing weapon, facsimile, intoxicant or controlled substance to state prisoner; possession of controlled substance, marijuana or marijuana paraphernalia by state prisoner.

NRS 212.165 - Prohibition on furnishing portable telecommunications device to prisoner and on possession of such devices in jail or institution or facility of Department of Corrections; penalties; petition for modification of sentence.

NRS 212.170 - Furnishing intoxicant to person lawfully confined in jail or detention facility.

NRS 212.180 - Sale of liquor within half mile of institution of Department of Corrections unlawful; restriction on granting of new licenses; exception.

NRS 212.185 - Possession or control of dangerous weapon or facsimile by incarcerated person prohibited.

NRS 212.187 - Voluntary sexual conduct between prisoner and person other than employee of or contractor or volunteer for prison; penalty.

NRS 212.188 - Sexual abuse of prisoner or unauthorized custodial conduct by employee of or contractor or volunteer for prison; penalties.

NRS 212.189 - Unlawful acts related to human excrement or bodily fluid; penalty; investigation; testing for communicable diseases; plea bargaining prohibited.

NRS 212.1895 - Applicability of certain provisions to custodian and prisoner assigned to private facility or institution; training to perform duties of correctional officer at private facility or institution; reimbursement to State for expenses relat...

NRS 212.190 - Penalty.

NRS 212.220 - Penalties for absence without authorization or tampering with electronic device; restitution.