NRS 193.167 Certain crimes committed against person 60 years of age or older or against vulnerable person.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in NRS 193.169 , any person who commits the crime of:

(a)Murder;

(b)Attempted murder;

(c)Assault;

(d)Battery;

(e)Kidnapping;

(f)Robbery;

(g)Sexual assault;

(h)Embezzlement of, or attempting or conspiring to embezzle, money or property of a value of $650 or more;

(i)Obtaining, or attempting or conspiring to obtain, money or property of a value of $650 or more by false pretenses; or

(j)Taking money or property from the person of another,

Ê against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, 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.

2. Except as otherwise provided in NRS 193.169 , any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person, any person who commits a criminal violation of paragraph (a),

(b)or

(c)of subsection 1 of NRS 205.0832 intentionally or knowingly against any person who is 60 years of age or older or against a vulnerable person or any person who commits a criminal violation of subsection 3 of NRS 598.0999 intentionally or knowingly against any person who is 60 years of age or older or against a vulnerable person, shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, 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.

3. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

(a)The facts and circumstances of the crime or criminal violation;

(b)The criminal history of the person;

(c)The impact of the crime or criminal violation 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.

4. The sentence prescribed by this section:

(a)Must not exceed the sentence imposed for the crime or criminal violation; and

(b)Must run consecutively with the sentence prescribed by statute for the crime or criminal violation.

5. 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.

6. As used in this section, “vulnerable person” has the meaning ascribed to it in NRS 200.5092 .