NRS 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.


1.

Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:

(a)

A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

(b)

During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,
Ê the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.

2.

Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:

(a)

A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

(b)

During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,
Ê the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:

(1)

For life without the possibility of parole;

(2)

For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

(3)

For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

3.

Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

4.

As used in this section:

(a)

“Marijuana” does not include concentrated cannabis.

(b)

“Premises” means:

(1)

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; or

(2)

Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,
Ê whether located aboveground or underground and whether inhabited or not.

Source: Section 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., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec3353.

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

§ 453.3353’s source at nv​.us