This text of Nevada § 193.1678 (Commission of crime because victim is spouse or child of first responder) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. Except as otherwise provided in NRS 193.169 , any person who knowingly and willfully violates any provision of NRS 200.030 , 200.280 , 200.310 , 200.366 , 200.380 , 200.400 , 200.460 , NRS 200.471 which is punishable as a felony or NRS 200.481 which is punishable as a felony because of the fact that the victim is the spouse of a first responder or the child of any age of a first responder may, 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 any additional penalty imposed, the court shall consider the following information:
(a)The facts and circumstances of the crime;
(b)The criminal history of
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1. Except as otherwise provided in NRS 193.169 , any person who knowingly and willfully violates any provision of NRS 200.030 , 200.280 , 200.310 , 200.366 , 200.380 , 200.400 , 200.460 , NRS 200.471 which is punishable as a felony or NRS 200.481 which is punishable as a felony because of the fact that the victim is the spouse of a first responder or the child of any age of a first responder may, 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 any 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.
Ê 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 any additional penalty imposed.
2. A sentence imposed pursuant to 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. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
4. As used in this section, “first responder” means any peace officer, firefighter or emergency medical provider. As used in this subsection:
(a) “Emergency medical provider” has the meaning ascribed to it in NRS 450B.199 .
(b) “Firefighter” has the meaning ascribed to it in NRS 450B.071 .
(c) “Peace officer” has the meaning ascribed to it in NRS 169.125 .