NRS 207.185 Penalty for commission of certain unlawful acts because of actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons; burden of proof; comments as evidence.

379 words·~2 min read·/nv/chapter-207-miscellaneous-crimes/207-185

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

1. Unless a greater penalty is provided by law, a person who, because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons, willfully violates any provision of NRS 200.471 , 200.481 , 200.5099 , 200.571 , 200.575 , 203.010 , 203.020 , 203.030 , 203.060 , 203.080 , 203.090 , 203.100 , 203.110 , 203.119 , NRS 205.0832 which is punishable as a misdemeanor, NRS 205.240 , 205.2715 , 205.274 , 205.2741 , 206.010 , 206.040 , 206.125 , 206.140 , 206.200 , 206.310 , NRS 206.330 which is punishable as a misdemeanor, NRS 207.180 , 207.200 , 207.210 or 392.915 is guilty of a gross misdemeanor.

2. For the purposes of this section, a person willfully violates any provision of law listed in subsection 1 because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons if the existence of any such protected characteristic is the primary cause in fact for the commission of the crime, regardless of whether one or more other causes for the commission of the crime exist.

For an enhanced penalty to be imposed pursuant to this section, the prosecuting attorney must prove beyond a reasonable doubt that the person would not have committed the crime but for the existence of such a protected characteristic.

3. If a person willfully violates any provision of law listed in subsection 1, any comment made by the person about the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons that the court determines is incidental must not be the sole basis for imposing an enhanced penalty pursuant to this section, but may be considered in conjunction with other evidence as to the motivation of the person for committing the crime.