Nevada § 200.5099 - Penalties

§ 200.5099. Penalties

1. Except as otherwise provided in subsection 6, any person who abuses an older person

or a vulnerable person is guilty: (a) For the first offense, of either of the following, as determined by the court: (1) A category C felony and shall be punished as provided in NRS 193.130 ; or (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for

not more than 364 days, or by a fine of not more than $2,000, or by both fine and

imprisonment; or (b) For the second and all subsequent offenses or if the person has been previously

convicted of violating a law of any other jurisdiction that prohibits the same or

similar conduct, 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 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings

about the abuse. 2. Except as otherwise provided in subsection 7, any person who has assumed responsibility,

legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable

person and who neglects the older person or vulnerable person, causing the older person

or vulnerable person to suffer physical pain or mental suffering, permits or allows

the older person or vulnerable person to suffer unjustifiable physical pain or mental

suffering or permits or allows the older person or vulnerable person to be placed

in a situation where the older person or vulnerable person may suffer physical pain

or mental suffering as the result of abuse or neglect is guilty: (a) For the first offense, of either of the following, as determined by the court: (1) A category C felony and shall be punished as provided in NRS 193.130 ; or (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for

not more than 364 days, or by a fine of not more than $2,000, or by both fine and

imprisonment; or (b) For the second and all subsequent offenses, 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 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings

about the abuse or neglect. 3. Except as otherwise provided in subsection 4, any person who exploits an older

person or a vulnerable person shall be punished: (a) For the first offense, if the value of any money, assets and property obtained

or used: (1) Is less than $650, of either of the following, as determined by the court: (I) A category C felony as provided in NRS 193.130 ; or (II) A gross misdemeanor by imprisonment in the county jail for not more than 364

days, or by a fine of not more than $2,000, or by both fine and imprisonment; (2) Is at least $650, but less than $5,000, for a category B felony by imprisonment

in the state prison for a minimum term of not less than 2 years and a maximum term

of not more than 10 years, or by a fine of not more than $10,000, or by both fine

and imprisonment; or (3) Is $5,000 or more, for a category B felony 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 by a fine of not more than $25,000, or by both fine and imprisonment; or (b) For the second and all subsequent offenses, regardless of the value of any money,

assets and property obtained or used, for a category B felony 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 by a fine of not more than $25,000, or by both fine and imprisonment, unless a more severe penalty is prescribed by law for the act which brought about

the exploitation. The monetary value of all of the money, assets and property of the older person

or vulnerable person which have been obtained or used, or both, may be combined for

the purpose of imposing punishment for an offense charged pursuant to this subsection. 4. If a person exploits an older person or a vulnerable person and the monetary value

of any money, assets and property obtained cannot be determined, the person shall

be punished: (a) For the first offense, of either of the following, as determined by the court: (1) A category C felony as provided in NRS 193.130 ; or (2) A gross misdemeanor by imprisonment in the county jail for not more than 364 days,

or by a fine of not more than $2,000, or by both fine and imprisonment; or (b) For the second and all subsequent offenses, for a category B felony 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 by a fine of not more than $25,000, or by both fine

and imprisonment, unless a more severe penalty is prescribed by law for the act which brought about

the exploitation. 5. Any person who isolates or abandons an older person or a vulnerable person is guilty: (a) For the first offense, of either of the following, as determined by the court: (1) A category C felony and shall be punished as provided in NRS 193.130 ; or (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for

not more than 364 days, or by a fine of not more than $2,000, or by both fine and

imprisonment; or (b) For the second and all subsequent offenses, 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 10 years, and may be further punished by

a fine of not more than $5,000, unless a more severe penalty is prescribed by law for the act or omission which brings

about the isolation or abandonment. 6. A person who violates any provision of subsection 1, if substantial bodily or mental

harm or death results to the older person or vulnerable person, 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, unless a more

severe penalty is prescribed by law for the act or omission which brings about the

abuse. 7. A person who violates any provision of subsection 2, if substantial bodily or mental

harm or death results to the older person or vulnerable person, shall be punished

for a category B felony 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, unless a more

severe penalty is prescribed by law for the act or omission which brings about the

abuse or neglect. 8. In addition to any other penalty imposed against a person for a violation of any

provision of NRS 200.5091 to 200.50995 , inclusive, the court shall order the person to pay restitution. 9. As used in this section: (a) “ Allow ” means to take no action to prevent or stop the abuse or neglect of an older person

or a vulnerable person if the person knows or has reason to know that the older person

or vulnerable person is being abused or neglected. (b) “ Permit ” means permission that a reasonable person would not grant and which amounts to a

neglect of responsibility attending the care and custody of an older person or a vulnerable

person. (c) “ Substantial mental harm ” means an injury to the intellectual or psychological capacity or the emotional condition

of an older person or a vulnerable person as evidenced by an observable and substantial

impairment of the ability of the older person or vulnerable person to function within

his or her normal range of performance or behavior.