Nevada § 207.203 - Unlawful trespass upon licensed gaming establishment by person previously convicted of certain offenses relating to prostitution or solicitation for prostitution

§ 207.203. Unlawful trespass upon licensed gaming establishment by person previously convicted of certain offenses relating to prostitution or solicitation for prostitution

1. Unless a greater penalty is provided pursuant to NRS 200.603 , any person who commits a violation of NRS 207.200 by trespassing on the premises of a licensed gaming establishment and who has previously

been convicted of three violations of NRS 201.353 or 201.354 within the immediately preceding 5 years is guilty of a misdemeanor and shall be

punished by: (a) A fine of $1,000; (b) Imprisonment in the county jail for not more than 6 months; or (c) Both fine and imprisonment. In lieu of all or a part of the punishment which may be imposed pursuant to this subsection,

the person may be sentenced to perform a fixed period of community service pursuant

to the conditions prescribed in NRS 176.087 . 2. The court, without entering a judgment of conviction and with the consent of the

accused, may suspend further proceedings and place the person on probation upon terms

and conditions that must include attendance and successful completion of: (a) A counseling or educational program; or (b) In the case of a person dependent upon substances, a program of treatment and

rehabilitation pursuant to NRS 176A.230 if the court determines that the person is eligible for participation in such a program. 3. Upon violation of a term or condition, the court may enter a judgment of conviction

and punish the person as provided in subsection 1. 4. Upon fulfillment of the terms and conditions, the court shall discharge the accused

and dismiss the proceedings against him or her. 5. Except as otherwise provided in subsection 6, discharge and dismissal under this

section is without adjudication of guilt and is not a conviction for purposes of this

section or for purposes of employment, civil rights or any statute or regulation or

license or questionnaire or for any other public or private purpose, but is a conviction

for the purpose of additional penalties imposed for second or subsequent convictions

or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of

the law, to the status occupied before the arrest, indictment or information. The person may not be held thereafter under any law to be guilty of perjury or otherwise

giving a false statement by reason of failure to recite or acknowledge that arrest,

indictment, information or trial in response to an inquiry made of the person for

any purpose. Discharge and dismissal under this section may only occur once with respect to any

person. 6. A professional licensing board may consider a proceeding under this section in

determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant

or licensee concerning any such proceeding with respect to the applicant or licensee. 7. Before the court assigns a person to a program pursuant to this section, the person

must agree to pay the cost of the program to which the person is assigned and the

cost of any additional supervision required, to the extent of the financial resources

of the person. If the person does not have the financial resources to pay all of the related costs,

the court shall, to the extent practicable, arrange for the person to be assigned

to a program at a facility that receives a sufficient amount of federal or state funding

to offset the remainder of the costs. 8. As used in this section, “licensed gaming establishment” has the meaning ascribed

to it in NRS 463.0169 .