Nevada § 200.471 - Assault: Definitions; penalties

§ 200.471. Assault: Definitions; penalties

1. As used in this section: (a) “ Assault ” means: (1) Unlawfully attempting to use physical force against another person; or (2) Intentionally placing another person in reasonable apprehension of immediate bodily

harm. (b) “ Fire-fighting agency ” has the meaning ascribed to it in NRS 239B.020 . (c) “ Health care facility ” means a facility licensed pursuant to chapter 449 of NRS , an office of a person listed in NRS 629.031 , a clinic or any other location, other than a residence, where health care is provided. (d) “ Officer ” means: (1) A person who possesses some or all of the powers of a peace officer; (2) A person employed in a full-time salaried occupation of fire fighting for the

benefit or safety of the public; (3) A member of a volunteer fire department; (4) A jailer, guard or other correctional officer of a city or county jail; (5) A prosecuting attorney of an agency or political subdivision of the United States

or of this State; (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge,

justice of the peace, municipal judge, magistrate, court commissioner, master or referee,

including a person acting pro tempore in a capacity listed in this subparagraph; (7) An employee of this State or a political subdivision of this State whose official

duties require the employee to make home visits; (8) A civilian employee or a volunteer of a law enforcement agency whose official

duties require the employee or volunteer to: (I) Interact with the public; (II) Perform tasks related to law enforcement; and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer

as working or volunteering for the law enforcement agency; (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties

require the employee or volunteer to: (I) Interact with the public; (II) Perform tasks related to fire fighting or fire prevention; and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer

as working or volunteering for the fire-fighting agency; or (10) A civilian employee or volunteer of this State or a political subdivision of

this State whose official duties require the employee or volunteer to: (I) Interact with the public; (II) Perform tasks related to code enforcement; and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer

as working or volunteering for this State or a political subdivision of this State. (e) “ Provider of health care ” means: (1) A physician, a medical student, a perfusionist, an anesthesiologist assistant

or a physician assistant licensed pursuant to chapter 630 of NRS , a practitioner of respiratory care, a homeopathic physician, an advanced practitioner

of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant

or anesthesiologist assistant licensed pursuant to chapter 633 of NRS , a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory

technician, an optometrist, a chiropractic physician, a chiropractic assistant, a

naprapath, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing

assistant, a nursing assistant trainee, a medication aide-certified, a person who

provides health care services in the home for compensation, a dentist, a dental student,

a dental hygienist, a dental hygienist student, an expanded function dental assistant,

an expanded function dental assistant student, a pharmacist, a pharmacy student, an

intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist,

a social worker, a marriage and family therapist, a marriage and family therapist

intern, a clinical professional counselor, a clinical professional counselor intern,

a behavior analyst, an assistant behavior analyst, a registered behavior technician,

a mental health technician, a licensed dietitian, the holder of a license or a limited

license issued under the provisions of chapter 653 of NRS , a public safety officer at a health care facility, an emergency medical technician,

an advanced emergency medical technician, a paramedic or a participant in a program

of training to provide emergency medical services; or (2) An employee of or volunteer for a health care facility who: (I) Interacts with the public; (II) Performs tasks related to providing health care; and (III) Wears identification, clothing or a uniform that identifies the person as an

employee or volunteer of the health care facility. (f) “ School employee ” means a licensed or unlicensed person employed by a board of trustees of a school

district pursuant to NRS 391.100 or 391.281 . (g) “ Sporting event ” has the meaning ascribed to it in NRS 41.630 . (h) “ Sports official ” has the meaning ascribed to it in NRS 41.630 . (i) “ Taxicab ” has the meaning ascribed to it in NRS 706.8816 . (j) “ Taxicab driver ” means a person who operates a taxicab. (k) “ Transit operator ” means a person who operates a bus or other vehicle as part of a public mass transportation

system. (l) “ Utility worker ” means an employee of a public utility as defined in NRS 704.020 whose official duties require the employee to: (1) Interact with the public; (2) Perform tasks related to the operation of the public utility; and (3) Wear identification, clothing or a uniform that identifies the employee as working

for the public utility. 2. A person convicted of an assault shall be punished: (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the

assault is not made with the use of a deadly weapon or the present ability to use

a deadly weapon, for a misdemeanor. (b) If the assault is made with the use of a deadly weapon or the present ability

to use a deadly weapon, for a category B 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 6 years,

or by a fine of not more than $5,000, or by both fine and imprisonment. (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault: (1) Is committed upon: (I) An officer, a school employee, a taxicab driver, a transit operator or a utility

worker who is performing his or her duty; (II) A provider of health care while the provider of health care is performing his

or her duty or is on the premises where he or she performs that duty; or (III) A sports official based on the performance of his or her duties at a sporting

event; and (2) The person charged knew or should have known that the victim was an officer, a

provider of health care, a school employee, a taxicab driver, a transit operator,

a utility worker or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon

or the present ability to use a deadly weapon, then for a category B 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 6 years, or by a fine of not more than $5,000, or by both fine and

imprisonment. (d) If the assault: (1) Is committed by a probationer, a prisoner who is in lawful custody or confinement

or a parolee upon: (I) An officer, a school employee, a taxicab driver, a transit operator or a utility

worker who is performing his or her duty; (II) A provider of health care while the provider of health care is performing his

or her duty or is on the premises where he or she performs that duty; or (III) A sports official based on the performance of his or her duties at a sporting

event; and (2) The probationer, prisoner or parolee charged knew or should have known that the

victim was an officer, a provider of health care, a school employee, a taxicab driver,

a transit operator, a utility worker or a sports official, for a category D felony as provided in NRS 193.130 , unless the assault is made with the use of a deadly weapon or the present ability

to use a deadly weapon, then for a category B 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

6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.