Nevada § 202.020 - Purchase, consumption or possession of alcoholic beverage by person under 21 years of age; penalties; sealing of records; exceptions

§ 202.020. Purchase, consumption or possession of alcoholic beverage by person under 21 years of age; penalties; sealing of records; exceptions

1. Except as otherwise provided in this section, a person under 21 years of age who

purchases any alcoholic beverage or consumes any alcoholic beverage in any saloon,

resort or premises where spirituous, malt or fermented liquors or wines are sold is

guilty of a misdemeanor and shall be punished by: (a) Performing not more than 24 hours of community service; (b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or (c) Being required to undergo an evaluation in accordance with subsection 2 of NRS 484C.350 , or any combination thereof. 2. Except as otherwise provided in this section, a person under 21 years of age who,

for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor

and shall be punished by: (a) Performing not more than 24 hours of community service; (b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or (c) Being required to undergo an evaluation in accordance with subsection 2 of NRS 484C.350 , or any combination thereof. 3. If a person under 21 years of age fulfills the terms and conditions imposed for

a violation of subsection 1 or 2, the court shall, without a hearing, order sealed

all documents, papers and exhibits in that person's record, minute book entries and

entries on dockets, and other documents relating to the case in the custody of such

other agencies and officers as are named in the court's order. The court shall cause a copy of the order to be sent to each agency or officer named

in the order. Each such agency or officer shall notify the court in writing of its compliance

with the order. 4. A person under 21 years of age is not subject to the criminal penalty set forth

in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person

requests emergency medical assistance for another person whom he or she reasonably

believes is under 21 years of age if the person making the request: (a) Reasonably believes that the person who consumed the alcohol is in need of such

assistance because of the alcohol consumption; (b) Is the first person to request emergency medical assistance for the person; (c) Remains with the person until informed that his or her presence is no longer necessary

by the emergency medical personnel who respond to the request for assistance for the

person; and (d) Cooperates with any provider of emergency medical assistance, any other health

care provider who assists the person who may be in need of emergency medical assistance

because of alcohol consumption and any law enforcement officer. 5. A person under 21 years of age for whom another person requests emergency medical

assistance pursuant to subsection 4 is not subject to the criminal penalty set forth

in subsection 1 for consuming an alcoholic beverage or subsection 2. 6. A person under 21 years of age is not subject to the criminal penalty set forth

in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person: (a) Requests emergency medical assistance because he or she reasonably believes that

he or she is in need of medical assistance because of alcohol consumption; and (b) Cooperates with any provider of emergency medical assistance, any other health

care provider who provides assistance to him or her and any law enforcement officer. 7. This section does not preclude a local governmental entity from enacting by ordinance

an additional or broader restriction, except that any such ordinance must not conflict

with the provisions of subsection 4, 5 or 6 or create criminal liability for a person

to whom an exemption set forth in subsection 4, 5 or 6 applies. 8. For the purposes of this section, possession “in public” includes possession: (a) On any street or highway; (b) In any place open to the public; and (c) In any private business establishment which is in effect open to the public. 9. The term does not include: (a) Possession for an established religious purpose; (b) Possession in the presence of the person's parent, spouse or legal guardian who

is 21 years of age or older; (c) Possession in accordance with a prescription issued by a person statutorily authorized

to issue prescriptions; (d) Possession in private clubs or private establishments; or (e) The selling, handling, serving or transporting of alcoholic beverages by a person

in the course of his or her lawful employment by a licensed manufacturer, wholesaler

or retailer of alcoholic beverages.