Full question:
Can you please give out line on Child Neglect and child neglect causing death any and all state statues are needed and included sentencing guidelines and the max tha can be given for both crimes . We are a min - max state sentencing and I need to know what the max min and max top and bottom number if found guilty of said crimes can be not min but the max especially the min_bottom _ number in the max time that can be given .
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: Nevada
Answer:
Please see the following NV statutes to determine applicability:
NRS 200.508 Abuse, neglect or endangerment of child: Penalties;
definitions.
1. A person who willfully causes a child who is less than 18 years of age
to suffer unjustifiable physical pain or mental suffering as a result of
abuse or neglect or to be placed in a situation where the child may suffer
physical pain or mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result
of sexual abuse or exploitation, is guilty of a category A felony and shall
be punished by imprisonment in the state prison for life with the
possibility of parole, with eligibility for parole beginning when a minimum
of 15 years has been served; or
(2) In all other such cases to which subparagraph (1) does not apply, 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; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of
this section or of a violation of the law of any other jurisdiction that
prohibits the same or similar conduct, 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 1 year and a maximum term of not more than 6 years; or
(2) If the person has previously been convicted of a violation of this
section or of a violation of the law of any other jurisdiction that
prohibits the same or similar conduct, 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, unless a more severe penalty is prescribed by law for an act or
omission that brings about the abuse or neglect.
2. A person who is responsible for the safety or welfare of a child and
who permits or allows that child to suffer unjustifiable physical pain or
mental suffering as a result of abuse or neglect or to be placed in a
situation where the child may suffer physical pain or mental suffering as
the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result
of sexual abuse or exploitation, is guilty of a category A felony and shall
be punished by imprisonment in the state prison for life with the
possibility of parole, with eligibility for parole beginning when a minimum
of 10 years has been served; or
(2) In all other such cases to which subparagraph (1) does not apply, 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; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of
this section or of a violation of the law of any other jurisdiction that
prohibits the same or similar conduct, is guilty of a gross misdemeanor; or
(2) If the person has previously been convicted of a violation of this
section or of a violation of the law of any other jurisdiction that
prohibits the same or similar conduct, is guilty of a category C felony
and shall be punished as provided in NRS 193.130, unless a more severe
penalty is prescribed by law for an act or omission that brings about the
abuse or neglect.
3. A person does not commit a violation of subsection 1 or 2 by virtue of
the sole fact that he delivers or allows the delivery of a child to a
provider of emergency services pursuant to NRS 432B.630.
4. As used in this section:
(a) "Abuse or neglect" means physical or mental injury of a nonaccidental
nature, sexual abuse, sexual exploitation, negligent treatment or
maltreatment of a child under the age of 18 years, as set forth in
paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150,
under circumstances which indicate that the child's health or welfare is
harmed or threatened with harm.
(b) "Allow" means to do nothing to prevent or stop the abuse or neglect
of a child in circumstances where the person knows or has reason to know
that the child is abused or neglected.
(c) "Permit" means permission that a reasonable person would not grant
and which amounts to a neglect of responsibility attending the care,
custody and control of a minor child.
(d) "Physical injury" means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) "Substantial mental harm" means an injury to the intellectual or
psychological capacity or the emotional condition of a child as evidenced
by an observable and substantial impairment of the ability of the child to
function within his normal range of performance or behavior.
NRS 200.5081 District attorney may refer person suspected of violating NRS
200.508 for treatment or counseling.
1. A district attorney may, if the circumstances indicate that treatment
or counseling is needed, refer a person who is suspected of violating a
provision of NRS 200.508 to an appropriate public or private agency for
treatment or counseling. The district attorney shall obtain the consent of
the agency to which he intends to refer the person before doing so.
2. Nothing in this section limits the discretion of the district attorney
to undertake prosecution of a person who has been referred for treatment or
counseling pursuant to subsection 1.
NRS 200.5083 Mutilation of genitalia of female child: Penalties;
definitions.
1. A person who willfully:
(a) Mutilates, or aids, abets, encourages or participates in the
mutilation of the genitalia of a female child; or
(b) Removes a female child from this State for the purpose of
mutilating the genitalia of the child, 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.
2. It is not a defense that:
(a) The person engaging in the conduct prohibited by subsection 1
believes that the conduct is necessary or appropriate as a matter of
custom, ritual or standard practice; or
(b) The child, the parent or legal guardian of the child, or another
person legally responsible for the child has consented to the conduct
prohibited by subsection 1.
3. As used in this section:
(a) "Child" means a person who is under 18 years of age.
(b) "Mutilates the genitalia of a female child" means the removal or
infibulation in whole or in part of the clitoris, vulva, labia major or
labia minor for nonmedical purposes.
NRS 200.5085 Use of nonmedical remedial treatment.
A child is not abused or neglected, nor is his health or welfare harmed
or threatened for the sole reason that his parent or guardian, in good
faith, selects and depends upon nonmedical remedial treatment for such
child, if such treatment is recognized and permitted under the laws of this
State in lieu of medical treatment.
NRS 200.030 Degrees of murder; penalties.
1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait or torture, or by any
other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual
assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual
abuse of a child, sexual molestation of a child under the age of 14 years,
child abuse or abuse of an older person or vulnerable person pursuant to
NRS 200.5099;
(c) Committed to avoid or prevent the lawful arrest of any person by a
peace officer or to effect the escape of any person from legal custody;
(d) Committed on the property of a public or private school, at an
activity sponsored by a public or private school or on a school bus while
the bus was engaged in its official duties by a person who intended to
create a great risk of death or substantial bodily harm to more than one
person by means of a weapon, device or course of action that would normally
be hazardous to the lives of more than one person; or
(e) Committed in the perpetration or attempted perpetration of an act of
terrorism.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if
they find him guilty thereof, designate by their verdict whether he is
guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of a
category A felony and shall be punished:
(a) By death, only if one or more aggravating circumstances are found and
any mitigating circumstance or circumstances which are found do not
outweigh the aggravating circumstance or circumstances, unless a court has
made a finding pursuant to NRS 174.098 that the defendant is a person with
mental retardation and has stricken the notice of intent to seek the death
penalty; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole
beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole
beginning when a minimum of 20 years has been served.
A determination of whether aggravating circumstances exist is not
necessary to fix the penalty at imprisonment for life with or without the
possibility of parole.
5. A person convicted of murder of the second degree 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.
6. As used in this section:
(a) "Act of terrorism" has the meaning ascribed to it in NRS 202.4415;
(b) "Child abuse" means physical injury of a nonaccidental nature to a
child under the age of 18 years;
(c) "School bus" has the meaning ascribed to it in NRS 483.160;
(d) "Sexual abuse of a child" means any of the acts described in NRS
432B.100; and
(e) "Sexual molestation" means any willful and lewd or lascivious act,
other than acts constituting the crime of sexual assault, upon or with the
body, or any part or member thereof, of a child under the age of 14 years,
with the intent of arousing, appealing to, or gratifying the lust, passions
or sexual desires of the perpetrator or of the child.
NRS 200.080 Punishment for voluntary manslaughter.
A person convicted of the crime of voluntary manslaughter 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 1 year and a maximum term of not more
than 10 years, and may be further punished by a fine of not more than
$10,000.
NRS 200.090 Punishment for involuntary manslaughter.
A person convicted of involuntary manslaughter is guilty of a category D
felony and shall be punished as provided in NRS 193.130.
NRS 193.130 Categories and punishment of felonies.
1. Except when a person is convicted of a category A felony, and except
as otherwise provided by specific statute, a person convicted of a felony
shall be sentenced to a minimum term and a maximum term of imprisonment
which must be within the limits prescribed by the applicable statute,
unless the statute in force at the time of commission of the felony
prescribed a different penalty. The minimum term of imprisonment that may
be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony
committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or
imprisonment in the state prison for life with or without the possibility
of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of
imprisonment in the state prison that may be imposed is not less than 1
year and the maximum term of imprisonment that may be imposed is not more
than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a court shall sentence a
convicted person to imprisonment in the state prison for a minimum term of
not less than 1 year and a maximum term of not more than 5 years. In
addition to any other penalty, the court may impose a fine of not more than
$10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a court shall sentence a
convicted person to imprisonment in the state prison for a minimum term of
not less than 1 year and a maximum term of not more than 4 years. In
addition to any other penalty, the court may impose a fine of not more than
$5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a court shall sentence a
convicted person to imprisonment in the state prison for a minimum term
of not less than 1 year and a maximum term of not more than 4 years.
Except as otherwise provided in paragraph (b) of subsection 1 of NRS
176A.100, upon sentencing a person who is found guilty of a category E
felony, the court shall suspend the execution of the sentence and grant
probation to the person upon such conditions as the court deems
appropriate. Such conditions of probation may include, but are not limited
to, requiring the person to serve a term of confinement of not more than
1 year in the county jail. In addition to any other penalty, the court
may impose a fine of not more than $5,000, unless a greater penalty is
authorized or required by statute.
NRS 176.033 Sentence of imprisonment required or permitted by statute:
Definite period for misdemeanor or gross misdemeanor; minimum and maximum
term for felony unless definite term required by statute; restitution;
modification of sentence.
1. If a sentence of imprisonment is required or permitted by statute, the
court shall:
(a) If sentencing a person who has been found guilty of a misdemeanor or
a gross misdemeanor, sentence the person to imprisonment for a definite
period of time within the maximum limit or the minimum and maximum limits
prescribed by the applicable statute, taking due account of the gravity of
the particular offense and of the character of the individual defendant.
(b) If sentencing a person who has been found guilty of a felony,
sentence the person to a minimum term and a maximum term of imprisonment,
unless a definite term of imprisonment is required by statute.
(c) If restitution is appropriate, set an amount of restitution for each
victim of the offense and for expenses related to extradition in accordance
with NRS 179.225.
2. At any time after a prisoner has been released on parole and has
served one-half of the period of his parole, or 10 consecutive years on
parole in the case of a prisoner sentenced to life imprisonment, the State
Board of Parole Commissioners, upon the recommendation of the division, may
petition the court of original jurisdiction requesting a modification of
sentence. The Board shall give notice of the petition and hearing thereon
to the Attorney General or district attorney who had jurisdiction in the
original proceedings. Upon hearing the recommendation of the State Board of
Parole Commissioners and good cause appearing, the court may modify the
original sentence by reducing the maximum term of imprisonment but shall
not make the term less than the minimum term prescribed by the applicable
penal statute.
NRS 176.035 Conviction of two or more offenses; concurrent and consecutive
sentences.
1. Except as otherwise provided in subsection 2, whenever a person is
convicted of two or more offenses, and sentence has been pronounced for one
offense, the court in imposing any subsequent sentence may provide that the
sentences subsequently pronounced run either concurrently or consecutively
with the sentence first imposed. Except as otherwise provided in
subsections 2 and 3, if the court makes no order with reference thereto,
all such subsequent sentences run concurrently.
2. Except as otherwise provided in this subsection, whenever a person
under sentence of imprisonment for committing a felony commits another
crime constituting a felony and is sentenced to another term of
imprisonment for that felony, the latter term must not begin until the
expiration of all prior terms. If the person is a probationer at the time
the subsequent felony is committed, the court may provide that the latter
term of imprisonment run concurrently with any prior terms or portions
thereof. If the person is sentenced to a term of imprisonment for life
without the possibility of parole, the sentence must be executed without
reference to the unexpired term of imprisonment and without reference to
his eligibility for parole.
3. Whenever a person under sentence of imprisonment commits another crime
constituting a misdemeanor or gross misdemeanor, the court shall provide
expressly whether the sentence subsequently pronounced runs concurrently or
consecutively with the one first imposed.
4. Whenever a person under sentence of imprisonment commits another crime
for which the punishment is death, the sentence must be executed without
reference to the unexpired term of imprisonment.
5. This section does not prevent the State Board of Parole Commissioners
from paroling a person under consecutive sentences of imprisonment from a
current term of imprisonment to a subsequent term of imprisonment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
