Nevada § 488.427 - Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor

Full text of Nevada Nevada Revised Statutes § 488.427 — Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor, with citation guidance and answers to common questions.

§ 488.427. Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor

1. Unless a greater penalty is provided pursuant to NRS 488.425 , a person who violates the provisions of NRS 488.410 and who has previously been convicted of a violation of NRS 488.420 or 488.425 or a violation of the law of any other jurisdiction that prohibits the same or similar

conduct as set forth in NRS 488.420 or 488.425 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, and shall be further punished by a fine of not less than $2,000 nor

more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders

whose crimes were violent and, insofar as practicable, be assigned to an institution

or facility of minimum security. 2. The facts concerning a prior violation of NRS 488.420 or 488.425 must be alleged in the complaint, indictment or information, must not be read to

the jury or proved at trial but must be proved at the time of sentencing. 3. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 488.410 against a person previously convicted of violating NRS 488.420 or 488.425 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. A sentence imposed pursuant to subsection 1 must not be suspended, and probation

must not be granted. 4. If a person less than 15 years of age was in the vessel at the time of the defendant's

violation, the court shall consider that fact as an aggravating factor in determining

the sentence of the defendant.

Source: official Nevada text · Last verified 2026-08-27

Frequently Asked Questions About Nevada § 488.427

What does Nevada Revised Statutes § 488.427 cover?

Section 488.427 ("Penalty for second or subsequent felony; exception; segregation of offender; plea bargaining prohibited; aggravating factor") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Nevada § 488.427?

A common citation format is "Nevada Revised Statutes § 488.427" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Nevada law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.

How does Nevada § 488.427 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.