When
would a party be disruptive enough to illegally disturb the
peace? (NRS 203.010)
“Every person who shall maliciously and willfully disturb the peace or
quiet of any neighborhood or person or family by loud or unusual noises, tumultuous
and offensive conduct, threatening, traducing (to cause humiliation or disgrace
to by making malicious statements), quarreling, challenging to fight, or fighting
is guilty of a misdemeanor.” In Nevada all misdemeanors are punishable
by up to six months in the county jail and/or a fine of $1,000. NRS 193.150.
As one can see, the definition of disturbing the peace is fairly broad. At the
very least a police officer at a party could easily make the determination that
disturbing the peace is occurring and break up the party, and possibly make arrests. In Nevada, one is not entitled to a jury trial when charged with a misdemeanor, and, as a result, a judge, not a jury, makes the factual findings.
What can I do if strangers ‘crash’ my
party?
Any person who, under circumstances not amounting to a burglary,
(a) goes upon the land or into the building of another with
intent to vex or annoy the owner or occupant, or to commit
any unlawful act; or (b) willfully goes or remains upon any
land or in any building after having been warned by the owner
or the occupant thereof not to trespass, is guilty of a misdemeanor.”
So, if the trespasser is annoying the owner or occupant, or
is warned by the owner or the occupant not to trespass then
the owner or occupant can call the police and have the trespasser
removed from the party. The implication is that if the trespasser
is annoying a guest or a guest tells the trespasser to leave,
then the trespasser is not guilty of a trespass. The bottom line is that if uninvited persons show up at a party, or if an invited guest becomes unwanted the host should tell them to leave, and if they refuse, then the host should call the police.
I am worried about what might happen during
my college fraternity initiation. Are there limits to what
they can do?
Hazing means any activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association or athletic team at a high school, college or university in this state. NRS 200.605. The term “hazing” includes, without limitation, any physical brutality or brutal treatment, including, without limitation, whipping, beating, branding, forced calisthenics, exposure to the elements or forced consumption of food, liquor, drugs or other substances.” NRS 200.605 (4)(a).
However, hazing does not include "any athletic, curricular, extracurricular or quasi-military practice, conditioning or competition that is sponsored or approved by the high school, college or university.” NRS 200.605 (4)(b). The key to remember is that to consent to the hazing activity is not a defense to the charge. NRS 200.605(2).
Penalties for hazing are as follows (NRS 200.605(1)):
(1) If there is no substantial bodily harm, it is a misdemeanor, and the penalty is up to six months in county jail and a $1,000 fine. NRS 193.150.
(2) If there is substantial bodily harm, it is a gross misdemeanor, and the penalty is up to one year in the county jail and a $2,000 fine. NRS 193.140.
The hazing statute does not preclude the District Attorney’s office from filing felony battery charges if the hazing resulted in a serious injury. All felonies may be punishable by a minimum in state prison or probation if deemed appropriate. NRS 193.130
Do I need a special license to operate a motorboat?
All operators of vessels powered by a motor over 15 horsepower on interstate
waters and who were born on or after January 1, 1983 must possess a certificate
of completion of a boater education course or proficiency exam (interstate
waters means waters forming the boundary between the State of Nevada and an
adjoining state). The course or the exam must be one that is approved by the
National Association of State Boating Law Administrators. NRS 488.730
Of course, a person can get a DUI on a boat just as easily as in a car. NRS 488.400.
One is also civilly liable for any damages that one causes through reckless behavior.
Do I need a license to fish or hunt?
Yes. A person who hunts or traps any of the wild birds or mammals
or who fishes without having first procured a license or
permit to do so, is guilty of a misdemeanor. The only exception
is for children under 12 who are accompanied by an adult.
NRS 502.010. Successful completion of a hunter safety course is required for anyone who was born after January 1, 1960 who wants to procure a hunting license. NRS 502.330. More information regarding hunting and fishing licenses is available at the Nevada Department of Wildlife website: www.ndow.org.
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What could happen if I am arrested for spray painting
graffiti?
Graffiti is any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, painted on or affixed to the public or private property, real or personal, of another, which defaces the property. NRS 206.005.
The penalties are:
(a) if the value of the loss is less than $250, it is a misdemeanor,*
(b) loss is between $250 and $5,000, it is a gross misdemeanor,
(c) where the value of the loss is more than $5,000 OR where the damage results in the impairment of public communication, transportation or police and fire protection, a person is guilty of a category E felony. NRS 206.330(1)(c). A category E felony is punishable by one to four years in state prison. (NRS 193.130). . If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.
If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses must be aggregated for the purpose of determining the penalty prescribed in subsection 1, but only if the value of the loss when aggregated is $5,000 or more. (NRS 206.330(2))
In addition to the above penalties, a court must impose a fine of not less than $400 but less than $1000 and perform 100 hours of community service for the first offense; a fine of not less than $750 but less than $1000 fine plus 200 hours of community service for the second offense; a fine of $1000 and 200 hours of community service for the third and each subsequent offense. The community service must be related to removing graffiti. NRS 206.330(3). The court shall also suspend driver’s license for a period of six months to two years for an offender over the age of 18. NRS 206.330(5). If that person, over the age of 18 does not have a license the Court shall Issue an order prohibiting that person from applying for a driver's license for a period of not less than 6 months but not more than two years. (NRS 206.330(5))
Anybody who vandalizes, places graffiti on, or defaces, or damages a place of worship, a cemetery or mortuary, a school, educational facility, or community center is guilty of a gross misdemeanor (up to one year in the county jail and a $2000 fine.) NRS 206.125(1). In addition to any other penalty, the court shall order a person found guilty of a gross misdemeanor to this section to pay restitution for the damage and:
(a) For the first offense, top ay a fine of not less than $400 but not more than $1,000, and to perform 100 hours of community service.
(b) For the second offense, to pay a fine of not less than $750, but not more than $1,000 and to perform 200 hours of community service.
(c) For a third or subsequent offense, to pay a fine of $1,000 and to perform 200 hours of community service.
NRS 206.125(2)
*The value of the loss almost always exceeds $250.00 as a result of the costs to repaint or repair the damage. In general, courts tend to be fairly severe with punishment for graffiti. |
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