Monthly Archives: January 2019

Nevada’s Definition of Sexual Assault

The rise of the #MeToo movement in recent months has shown a spotlight on one of Nevada’s seedier legal issues: the substantial amount of sexual assault cases in the state. CNN once ranked Nevada as 36th on the ‘most reported rape cases’ list, a classification that has triggered stepped-up measures to combat such crimes, particularly with the Revised Statutes on sexual assault.

The NRS defines as sexual assault any activity which involves sexually penetrating another person by one person or multiple individuals. It also involves coercing someone to sexually penetrate himself/herself, somebody else, or a beast, against their will. Penetration is described as intercourse between genitals or any other intrusion of intimate parts, done against the victim’s will.

Nevada takes its sexual cases seriously, handing out severe penalties for anyone proven to have conducted sexual assault. Even first-time offenders can face serious punishment. Penalties include extended prison sentences with a chance of parole after 15 to 25 years, plus fees and registration in the sexual offender database. Sexual assault on a minor, or sexual assault with matching physical injuries, can upgrade the penalty to a no-parole incarceration conviction.

 

Drugged Driving According to the Nevada Revised Statutes

Drugged Driving is a major issue that many urban centers have to contend with. The high number of private vehicles across America combined with the various illicit channels for obtaining drugs means that drugged driving cases remain high across the country. States continue to devise ways to combat this threat and mitigate its negative effect on the public.

In Nevada, drugged driving is classified under driving under the influence laws and is covered by a no-tolerance policy; any person can be charged immediately if there is significant grounds to determine that they were driving under the influence of drugs.

The legal provisions for drugged driving in Nevada are stipulated under section 484C. 10 of the Nevada Revised Statutes. In brief, Nevada describes drugged driving as the act of controlling any motor vehicle on a highway or on public premises while under the influence of inhaled, ingested, or externally-applied chemicals which can make the act dangerous. Such substances include:

  • amphetamines
  • cocaine
  • cocaine metabolite
  • heroin
  • heroin metabolite
  • morphine
  • LSD
  • methamphetamine
  • phencyclidine
  • Marijuana also counts even if it is legal in Nevada, as long as it is consumed during or 30 minutes before driving
  • prescription medicine, especially those with depressants, also count when ingested within 30 minutes of driving

 

Drug Trafficking as Defined by Nevada’s Revised Statutes

Nevada takes its drug problems seriously. In light of being consistently listed as one of the leading states for illicit drug use and drug trafficking, state legislation has been ramped up to combat the problem. Over the years lawmakers modified and updated the legal definition of drugs and drug trafficking in Nevada, as well as the consequences of illegal drug use. The aim is to better understand what counts as illegal drug use and how it can be penalized by state law.

As per the Nevada Revised Statutes, drug trafficking is the act of producing, selling, and distributing large quantities of drugs throughout the state, with the person having full knowledge of the consequences of such action. As an aside, a drug trafficking charge only counts if the suspect has possession of drugs within the prohibited schedule and quantity. This still counts even if there are no drugs on a suspect’s person, as long as a significant amount are found in their possession (like after a house search). This makes drug trafficking a crime generally reserved for bigger criminals, such as established drug lords or middlemen.

In addition, drug trafficking is considered a Category B Felony right off of a first offense, and penalties can be severe. Conviction equates to a maximum of 6 years in prison and over $50,000 in fines minimum for a first-time conviction.