Nevada § 200.508 - Abuse, neglect or endangerment of child: Penalties; definitions

§ 200.508. Abuse, neglect or endangerment of child: Penalties; definitions

1. A person who willfully causes a child who is less than 18 years of age to suffer

unjustifiable physical pain or mental suffering as a result of abuse or neglect or

to be placed in a situation where the child may suffer physical pain or mental suffering

as the result of abuse or neglect: (a) If substantial bodily or mental harm results to the child: (1) If the child is less than 14 years of age and the harm is the result of sexual

abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment

in the state prison for life with the possibility of parole, with eligibility for

parole beginning when a minimum of 15 years has been served; or (2) In all other such cases to which subparagraph (1) does not apply, 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 20 years;

or (b) If substantial bodily or mental harm does not result to the child: (1) If the person has not previously been convicted of a violation of this section

or of a violation of the law of any other jurisdiction that prohibits the same or

similar conduct, 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; or (2) If the person has previously been convicted of a violation of this section or

of a violation of the law of any other jurisdiction that prohibits the same or similar

conduct, 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, unless a more severe penalty is prescribed by law for an act or omission that brings

about the abuse or neglect. 2. A person who is responsible for the safety or welfare of a child pursuant to NRS 432B.130 and who permits or allows that child to suffer unjustifiable physical pain or mental

suffering as a result of abuse or neglect or to be placed in a situation where the

child may suffer physical pain or mental suffering as the result of abuse or neglect: (a) If substantial bodily or mental harm results to the child: (1) If the child is less than 14 years of age and the harm is the result of sexual

abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment

in the state prison for life with the possibility of parole, with eligibility for

parole beginning when a minimum of 10 years has been served; or (2) In all other such cases to which subparagraph (1) does not apply, 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 20 years;

or (b) If substantial bodily or mental harm does not result to the child: (1) If the person has not previously been convicted of a violation of this section

or of a violation of the law of any other jurisdiction that prohibits the same or

similar conduct, is guilty of a gross misdemeanor; or (2) If the person has previously been convicted of a violation of this section or

of a violation of the law of any other jurisdiction that prohibits the same or similar

conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130 , unless a more severe penalty is prescribed by law for an act or omission that brings

about the abuse or neglect. 3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole

fact that the person delivers or allows the delivery of a child to a provider of emergency

services pursuant to NRS 432B.630 . 4. As used in this section: (a) “ Abuse or neglect ” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual

exploitation, negligent treatment or maltreatment of a child under the age of 18 years,

as set forth in paragraph (d) and NRS 432B.070 , 432B.100 , 432B.110 , 432B.140 and 432B.150 , under circumstances which indicate that the child's health or welfare is harmed

or threatened with harm. (b) “ Allow ” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances

where the person knows or has reason to know that the child is abused or neglected. (c) “ Permit ” means permission that a reasonable person would not grant and which amounts to a

neglect of responsibility attending the care, custody and control of a minor child. (d) “ Physical injury ” means: (1) Permanent or temporary disfigurement; or (2) Impairment of any bodily function or organ of the body. (e) “ Substantial mental harm ” means an injury to the intellectual or psychological capacity or the emotional condition

of a child as evidenced by an observable and substantial impairment of the ability

of the child to function within his or her normal range of performance or behavior.