NRS 453.3325
Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana

  • penalties
  • probation or suspended sentence prohibited.

1.

A person shall not intentionally allow a child to be present in any conveyance or upon any premises wherein a controlled substance other than marijuana:

(a)

Is being used in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity;

(b)

Is being sold, exchanged, bartered, supplied, prescribed, dispensed, given away or administered in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity; or

(c)

Is being or has been manufactured or compounded in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity.

2.

Unless a greater penalty is provided by specific statute:

(a)

A person who violates the provisions of paragraph (a) of subsection 1:

(1)

If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

(2)

If the violation proximately causes substantial bodily harm to the child other than death, 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 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

(3)

If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

(b)

A person who violates the provisions of paragraph (b) of subsection 1:

(1)

If the violation does not proximately cause substantial bodily harm or death to the child, 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 3 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not more than $10,000.

(2)

If the violation proximately causes substantial bodily harm to the child other than death, 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 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

(3)

If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

(c)

A person who violates the provisions of paragraph (c) of subsection 1:

(1)

If the violation does not proximately cause substantial bodily harm or death to the child, 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 5 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $15,000.

(2)

If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(I) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(II) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 10 years has been served,
Ê and shall be further punished by a fine of not more than $50,000.

(3)

If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

3.

Except as otherwise provided in NRS 453.3363, the court shall not grant probation to or suspend the sentence of a person convicted pursuant to this section.

4.

As used in this section:

(a)

“Child” means a person who is less than 18 years of age.

(b)

“Conveyance” means any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car, or other means of conveyance.

(c)

“Premises” means any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent, whether located aboveground or underground and whether inhabited or not.

Source: Section 453.3325 — Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana; penalties; probation or suspended sentence prohibited., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec3325.

453.316
Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance
453.321
Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful
453.322
Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful
453.324
Unlawful to possess or dispose of methamphetamine manufacturing waste
453.326
Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold
453.331
Unlawful acts relating to distribution of certain controlled substances by registrants, use of unauthorized registration number and possession of signed blank prescription forms
453.332
Unlawful acts relating to imitation controlled substances
453.333
Penalties for making available controlled substance which causes death.
453.334
Penalty for second or subsequent offense of sale of controlled substance to minor.
453.336
Unlawful possession not for purpose of sale: Prohibition
453.337
Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances
453.338
Unlawful possession for sale of substances classified in schedule III, IV or V
453.339
Trafficking in controlled substances: Marijuana or concentrated cannabis.
453.341
Prosecution or proceeding under prior law unaffected.
453.346
Effect of conviction or acquittal under federal or other state laws.
453.348
Previous convictions.
453.3325
Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana
453.3335
Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances.
453.3345
Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.
453.3351
Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.
453.3353
Additional and alternative penalties for commission of certain violations which involve controlled substances other than marijuana and result in death or substantial bodily harm to another person.
453.3361
Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses
453.3363
Suspension of proceedings and probation of accused under certain conditions
453.3365
Sealing of record of person convicted of possession of controlled substance not for purpose of sale
453.3385
Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana.
453.3393
Unlawful to produce or process marijuana or extract concentrated cannabis
453.3395
Trafficking in controlled substances: Schedule II substances.
453.3405
Trafficking in controlled substances: Suspended sentence limited
Last Updated

Jun. 24, 2021

§ 453.3325’s source at nv​.us