Nevada § 212.189 - Unlawful acts related to human excrement or bodily fluid; penalty; investigation; testing for communicable diseases; plea bargaining prohibited

§ 212.189. Unlawful acts related to human excrement or bodily fluid; penalty; investigation; testing for communicable diseases; plea bargaining prohibited

1. Except as otherwise provided in subsection 10, a prisoner who is under lawful arrest,

in lawful custody or in lawful confinement shall not knowingly: (a) Store or stockpile any human excrement or bodily fluid; (b) Sell, supply or provide any human excrement or bodily fluid to any other person; (c) Buy, receive or acquire any human excrement or bodily fluid from any other person;

or (d) Use, propel, discharge, spread or conceal, or cause to be used, propelled, discharged,

spread or concealed, any human excrement or bodily fluid: (1) With the intent to have the excrement or bodily fluid come into physical contact

with any portion of the body of another person, including, without limitation, an

officer or employee of a prison or law enforcement agency, whether or not such physical

contact actually occurs; or (2) Under circumstances in which the excrement or bodily fluid is reasonably likely

to come into physical contact with any portion of the body of another person, including,

without limitation, an officer or employee of a prison or law enforcement agency,

whether or not such physical contact actually occurs. 2. Except as otherwise provided in subsection 4, if a prisoner who is under lawful

arrest or in lawful custody violates any provision of subsection 1, the prisoner is

guilty of: (a) For a first offense, a gross misdemeanor. (b) For a second offense or any subsequent offense, a category D felony and shall

be punished as provided in NRS 193.130 . 3. Except as otherwise provided in subsection 4, if a prisoner who is in lawful confinement,

other than residential confinement, violates any provision of subsection 1, the prisoner

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 10 years, and may be further punished by a fine of not more than $10,000. 4. If a prisoner who is under lawful arrest, in lawful custody or in lawful confinement

violates any provision of paragraph (d) of subsection 1 and, at the time of the offense,

the prisoner knew that any portion of the excrement or bodily fluid involved in the

offense contained a communicable disease that causes or is reasonably likely to cause

substantial bodily harm, the communicable disease is likely to be transmitted as a

result of the offense and the communicable disease was actually transmitted to a victim

as a result of the offense, the prisoner is guilty of a category A felony and shall

be punished by imprisonment in the state prison: (a) For life with the possibility of parole, with eligibility for parole beginning

when a minimum of 10 years has been served; or (b) For a definite term of 25 years, with eligibility for parole beginning when a

minimum of 10 years has been served, and may be further punished by a fine of not more than $50,000. 5. A sentence imposed upon a prisoner pursuant to subsection 2, 3 or 4: (a) Is not subject to suspension or the granting of probation; and (b) Must run consecutively after the prisoner has served any sentences imposed upon

the prisoner for the offense or offenses for which the prisoner was under lawful arrest,

in lawful custody or in lawful confinement when the prisoner violated the provisions

of subsection 1. 6. In addition to any other penalty, the court shall order a prisoner who violates

any provision of paragraph (d) of subsection 1 to reimburse the appropriate person

or governmental body for the cost of any examinations or testing: (a) Conducted pursuant to paragraphs (a) and (b) of subsection 8; or (b) Paid for pursuant to subparagraph (2) of paragraph (c) of subsection 8. 7. The warden, sheriff, administrator or other person responsible for administering

a prison shall immediately and fully investigate any act described in subsection 1

that is reported or suspected to have been committed in the prison. 8. If there is probable cause to believe that an act described in paragraph (d) of

subsection 1 has been committed in a prison: (a) Each prisoner believed to have committed the act or to have been the bodily source

of any portion of the excrement or bodily fluid involved in the act shall submit to

any appropriate examinations and testing to determine whether each such prisoner has

any communicable disease. (b) If possible, a sample of the excrement or bodily fluid involved in the act must

be recovered and tested to determine whether any communicable disease is present in

the excrement or bodily fluid. (c) If the excrement or bodily fluid involved in the act came into physical contact

with any portion of the body of an officer or employee of a prison or law enforcement

agency: (1) The results of any examinations or testing conducted pursuant to paragraphs (a)

and (b) must be provided to each such officer, employee or other person; and (2) For each such officer or employee: (I) Of a prison, the person or governmental body operating the prison where the act

was committed shall pay for any appropriate examinations and testing requested by

the officer or employee to determine whether a communicable disease was transmitted

to the officer or employee as a result of the act; and (II) Of any law enforcement agency, the law enforcement agency that employs the officer

or employee shall pay for any appropriate examinations and testing requested by the

officer or employee to determine whether a communicable disease was transmitted to

the officer or employee as a result of the act. (d) The results of the investigation conducted pursuant to subsection 7 and the results

of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be

submitted to the district attorney of the county in which the act was committed or

to the Office of the Attorney General for possible prosecution of each prisoner who

committed the act. 9. If a prisoner is charged with committing an act described in paragraph (d) of subsection

1 and a victim or an intended victim of the act was an officer or employee of a prison

or law enforcement agency, the prosecuting attorney shall not dismiss the charge in

exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser

charge or for any other reason unless the prosecuting attorney knows or it is obvious

that the charge is not supported by probable cause or cannot be proved at the time

of trial. 10. The provisions of this section do not apply to a prisoner who is in residential

confinement or to a prisoner who commits an act described in subsection 1 if the act: (a) Is otherwise lawful and is authorized by the warden, sheriff, administrator or

other person responsible for administering the prison, or his or her designee, and

the prisoner performs the act in accordance with the directions or instructions given

to the prisoner by that person; (b) Involves the discharge of human excrement or bodily fluid directly from the body

of the prisoner and the discharge is the direct result of a temporary or permanent

injury, disease or medical condition afflicting the prisoner that prevents the prisoner

from having physical control over the discharge of his or her own excrement or bodily

fluid; or (c) Constitutes voluntary sexual conduct with another person in violation of the provisions

of NRS 212.187 .