Nevada § 200.485 - Battery which constitutes domestic violence: Penalties; referring child for counseling; right to trial by jury; restriction against probation and suspension; notice of prohibition against owning or possessing firearm; order to surrender, sell or transfer firearm; penalty for violation concerning firearm; definitions

§ 200.485. Battery which constitutes domestic violence: Penalties; referring child for counseling; right to trial by jury; restriction against probation and suspension; notice of prohibition against owning or possessing firearm; order to surrender, sell or transfer firearm; penalty for violation concerning firearm; definitions

1. Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive,

or NRS 200.481 , a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 : (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be

punished by: (1) Imprisonment in the city or county jail or detention facility for not less than

2 days, but not more than 6 months; and (2) Performing not less than 48 hours, but not more than 120 hours, of community service. The person shall be further punished by a fine of not less than $200, but not more

than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently

at the discretion of the judge or justice of the peace, except that each period of

confinement must be not less than 12 consecutive hours and must occur at a time when

the person is not required to be at his or her place of employment or on a weekend. (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be

punished by: (1) Imprisonment in the city or county jail or detention facility for not less than

20 days, but not more than 6 months; and (2) Performing not less than 100 hours, but not more than 200 hours, of community

service. The person shall be further punished by a fine of not less than $500, but not more

than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently

at the discretion of the judge or justice of the peace, except that each period of

confinement must not be less than 12 consecutive hours and must occur at a time when

the person is not required to be at his or her place of employment or on a weekend. (c) For the third offense within 7 years, is guilty of a category B felony and shall

be punished 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, and may be further punished by

a fine of not less than $1,000, but not more than $5,000. 2. Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481 , a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 , if the battery is committed by strangulation as described in NRS 200.481 , is guilty of a category C felony and shall be punished as provided in NRS 193.130 . 3. Unless a greater penalty is provided pursuant to NRS 200.481 , a person who has been previously convicted of: (a) A felony that constitutes domestic violence pursuant to NRS 33.018 ; (b) A battery which constitutes domestic violence pursuant to NRS 33.018 , if the battery is committed with the use of a deadly weapon as described in NRS 200.481 ; or (c) A violation of the law of any other jurisdiction that prohibits the same or similar

conduct set forth in paragraph (a) or (b), and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state

prison for a minimum term of not less than 2 years and a maximum term of not more

than 15 years, and shall be further punished by a fine of not less than $2,000, but

not more than $5,000. 4. Unless a greater penalty is provided pursuant to NRS 200.481 , a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 , if the battery is committed against a victim who was pregnant at the time of the

battery and the person knew or should have known that the victim was pregnant: (a) For the first offense, is guilty of a gross misdemeanor and shall be punished

by imprisonment in the county jail for not less than 20 days and may be further punished

by a fine of not less than $500, but not more than $1,000. (b) For the second or any subsequent offense, is guilty of a category B felony and

shall be punished by imprisonment in the state prison of a minimum term of not less

than 1 year and a maximum term of not more than 6 years, and may be further punished

by a fine of not less than $1,000, but not more than $5,000. 5. Unless a greater penalty is provided pursuant to NRS 200.481 , a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 , if the battery causes substantial bodily harm, is guilty of a category B felony

and shall be punished by imprisonment in the state prison of a minimum term of not

less than 1 year and a maximum term of not more than 6 years, and may be further punished

by a fine of not less than $1,000, but not more than $5,000. 6. In addition to any other penalty, if a person is convicted of a battery which constitutes

domestic violence pursuant to NRS 33.018 , the court shall: (a) For the first offense within 7 years, require the person to participate in weekly

counseling sessions of not less than 1 1 / 2 hours per week for not less than 6 months, at his or her expense, in a program for

the treatment of persons who commit domestic violence that has been certified pursuant

to NRS 439.258 . (b) For the second offense within 7 years, require the person to participate in weekly

counseling sessions of not less than 1 1 / 2 hours per week for not less than 12 months, at his or her expense, in a program for

the treatment of persons who commit domestic violence that has been certified pursuant

to NRS 439.258 . If the person resides in this State but the nearest location at which counseling services

are available is in another state, the court may allow the person to participate in

counseling in the other state in a program for the treatment of persons who commit

domestic violence that has been certified pursuant to NRS 439.258 . 7. Except as otherwise provided in this subsection, an offense that occurred within

7 years immediately preceding the date of the principal offense or after the principal

offense constitutes a prior offense for the purposes of this section: (a) When evidenced by a conviction; or (b) If the offense is conditionally dismissed or the judgment of conviction is set

aside pursuant to NRS 176A.240 , 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or

specialty court program, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred

on any date preceding the date of the principal offense or after the principal offense

constitutes a prior offense for the purposes of this section when evidenced by a conviction,

without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment

or information, must not be read to the jury or proved at trial but must be proved

at the time of sentencing and, if the principal offense is alleged to be a felony,

must also be shown at the preliminary examination or presented to the grand jury. 8. In addition to any other penalty, the court may require such a person to participate,

at his or her expense, in a program of treatment for an alcohol or other substance

use disorder that has been certified by the Division of Public and Behavioral Health

of the Department of Health and Human Services. 9. If it appears from information presented to the court that a child under the age

of 18 years may need counseling as a result of the commission of a battery which constitutes

domestic violence pursuant to NRS 33.018 , the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services,

the court shall require the person convicted of a battery which constitutes domestic

violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of

the convicted person's ability to pay. 10. If a person is charged with committing a battery which constitutes domestic violence

pursuant to NRS 33.018 that is punishable as a misdemeanor and may prohibit the person from owning, possessing

or having under his or her control or custody any firearm pursuant to NRS 202.360 , the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011 , regardless of whether the person was previously prohibited from owning, possessing

or having under his or her control or custody any firearm pursuant to NRS 202.360 . 11. A court shall not grant probation to or suspend the sentence of a person convicted

of a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a felony. 12. In every judgment of conviction or admonishment of rights issued pursuant to this

section, the court shall: (a) Inform the person convicted that he or she is prohibited from owning, possessing

or having under his or her custody or control any firearm pursuant to NRS 202.360 ; and (b) Order the person convicted to permanently surrender, sell or transfer any firearm

that he or she owns or that is in his or her possession or under his or her custody

or control in the manner set forth in NRS 202.361 . 13. A person who violates any provision included in a judgment of conviction or admonishment

of rights issued pursuant to this section concerning the surrender, sale, transfer,

ownership, possession, custody or control of a firearm is guilty of a category B felony

and shall be punished 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, and may be further punished

by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a

statement that a violation of such a provision in the judgment or admonishment is

a category B felony and shall be punished 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,

and may be further punished by a fine of not more than $5,000. 14. As used in this section: (a) “ Agency which provides child welfare services ” has the meaning ascribed to it in NRS 432B.030 . (b) “ Battery ” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481 . (c) “ Offense ” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar

conduct.