NRS 193.165
Additional penalty: Use of deadly weapon or tear gas in commission of crime

  • restriction on probation.

1.

Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.375, in the commission of a crime 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.
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 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.

This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

4.

The provisions of subsections 1, 2 and 3 do not apply where the use of a firearm, other deadly weapon or tear gas is a necessary element of such crime.

5.

The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, other deadly weapon or tear gas in the commission of any of the following crimes:

(a)

Murder;

(b)

Kidnapping in the first degree;

(c)

Sexual assault; or

(d)

Robbery.

6.

As used in this section, “deadly weapon” means:

(a)

Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death;

(b)

Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or

(c)

A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.

Source: Section 193.165 — Additional penalty: Use of deadly weapon or tear gas in commission of crime; restriction on probation., https://www.­leg.­state.­nv.­us/NRS/NRS-193.­html#NRS193Sec165.

193.010
Definitions.
193.011
“Boat” defined.
193.012
“Break” defined.
193.013
“Corrupt” and “corruptly” defined.
193.014
“Dwelling house” defined.
193.016
“Judge” defined.
193.017
“Knowingly” defined.
193.018
“Neglect,” “negligence,” “negligent” and “negligently” defined.
193.019
“Officer” and “public officer” defined.
193.021
“Personal property” defined.
193.022
“Prisoner” defined.
193.023
“Railway” or “railroad” defined.
193.024
“Signature” defined.
193.030
Construction of provisions of title.
193.040
Intent to defraud.
193.045
Repeated conviction as element or aggravation of offense: Place of former conviction immaterial.
193.050
Conduct constituting crime
193.060
Construction of provisions similar to existing laws.
193.070
Effect of provisions upon past offenses.
193.075
Effect of repeal of statute: Penalty previously imposed
193.080
Application to existing civil rights.
193.090
Civil remedies preserved.
193.100
Proceedings to impeach or remove officers and others preserved.
193.105
Termination of employment, removal from office or impeachment of public employee or officer upon conviction for sale of controlled substance.
193.110
Authority of courts-martial unaffected
193.0115
“Bond” defined.
193.120
Classification of crimes.
193.0125
“Building” defined.
193.130
Categories and punishment of felonies.
193.140
Punishment of gross misdemeanors.
193.0145
“Enter” defined.
193.0148
“Gender identity or expression” defined.
193.150
Punishment of misdemeanors.
193.155
Penalty for public offense proportionate to value of property affected or loss resulting from offense.
193.0155
“Indicted,” “indictment,” “informed against” and “information” defined.
193.160
Penalty for misdemeanor by corporations when not fixed by statute.
193.161
Additional or alternative penalty: Felony committed on property of school, at activity sponsored by school or on school bus.
193.162
Additional penalty: Felony committed by adult with assistance of child.
193.163
Additional penalty: Use of handgun containing metal-penetrating bullet in commission of crime.
193.0165
“Jurors” defined.
193.165
Additional penalty: Use of deadly weapon or tear gas in commission of crime
193.166
Additional penalty: Felony committed in violation of order for protection or order to restrict conduct
193.167
Additional penalty: Certain crimes committed against person 60 years of age or older or against vulnerable person.
193.168
Additional penalty: Felony committed to promote activities of criminal gang
193.169
Additional or alternative penalty: Limitation on imposition
193.170
Prohibited act is misdemeanor when no penalty imposed.
193.0175
“Malice” and “maliciously” defined.
193.0185
“Nighttime” defined.
193.190
To constitute crime there must be unity of act and intent.
193.0195
“Owner” defined.
193.200
Intent: How manifested.
193.0205
“Person” defined.
193.210
When person considered to be of sound mind.
193.0215
“Prison” defined.
193.220
When voluntary intoxication may be considered.
193.225
Prohibition against certain defenses involving sexual orientation or gender identity or expression of victim.
193.0225
“Property” defined.
193.230
Lawful resistance to commission of public offense: Who may make.
193.0235
“Real property” defined.
193.240
Resistance by party about to be injured.
193.0245
“Writing” defined.
193.250
Resistance by other persons.
193.260
Persons acting by command of officers of justice.
193.270
Acts punishable under foreign law.
193.280
Defendant allowed to introduce in evidence foreign acquittal.
193.290
Conviction or acquittal in other county is sufficient defense.
193.300
Punishment for contempt.
193.310
Sending letters: When offense deemed complete
193.320
Omission to perform duty: When not punishable.
193.330
Punishment for attempts.
193.340
Required disclosure of certain information by provider of Internet service
193.1605
Minimum punishment for gross misdemeanor committed on property of school, at activity sponsored by school or on school bus.
193.1675
Additional penalty: Commission of crime because of certain actual or perceived characteristics of victim.
193.1677
Additional penalty: Commission of crime because victim is first responder.
193.1678
Additional penalty: Commission of crime because victim is spouse or child of first responder.
193.1685
Additional or alternative penalty: Felony committed with intent to commit, cause, aid, further or conceal act of terrorism.
Last Updated

Jun. 24, 2021

§ 193.165’s source at nv​.us