Organ donation has saved millions of lives, and donated organs continue to help people to overcome serious illnesses and physical limitations every day. Unfortunately, in some circumstances, a shortage of organs, ineligibility to get a waitlist for organs, difficulty finding a donor or a variety of other factors could all make it difficult or impossible for an individual to obtain a donor organ. This can leave the affected individual desperate and struggling to cope with a serious ailment while waiting for an organ to become available.
In response to a shortage of organs, there is a demand for organs on the black market – but there are also strict rules in place regarding when and how organs can be donated. The rules on organ donation in Nevada prohibit the sale of human organs for transplantation, and defendants need to understand these rules so they do not inadvertently break any requirements and find themselves faced with charges. A Vegas defense lawyer can provide insight into the rules and requirements for organ donation and can also provide invaluable assistance in defending yourself if you have been accused of the sale of a human organ for transplantation.
The sale of a human organ for transplantation is illegal under the law in Nevada and there is a subcategory for these types of crimes found within Chapter 201 of Title 15. Title 15 is the penal code, and Chapter 201 is the part of the state’s penal code that addresses crimes against public morals and decency. The sale of a human organ is considered to be a crime against decency and is found within this part of the law, so you could face conviction if you break the rules.
LV Criminal Defense can try to help you reduce the chances of being found guilty of a criminal offense when you’ve been accused of the sale of human organs for transplantation. Our legal team can work closely with you in order to evaluate the nature and extent of the evidence against you.
By working together with you to understand how your case is likely to unfold in court, Vegas defense attorneys can help you to decide on the best course of action in response to charges. This could include a plea agreement or fight for an acquittal and the Vegas defense attorneys at our firm are prepared and ready to help you to do either.
The law in Nevada’s code that addresses the crime of sale of human organs for transplantation is found in the Nevada Revised Statute section 201.460. According to the relevant law, it is illegal for any person in the state of Nevada to knowingly sell, acquire, receive, or otherwise transfer any human organ for use in human transplant in exchange for valuable consideration. This essentially means it is illegal to sell or become involved with the sale or transfer of a human organ in exchange for anything of value.
The human organ is defined within N.R.S. 201.460. The term human organ is defined broadly in the statute to include the kidneys, the liver, the heart, the lungs, bone marrow, or any other body part with the exception of human blood.
There is also a provision of the statute that defines exactly what is meant by “valuable consideration” as well. According to the relevant law, valuable consideration excludes the reasonable payment associated with removing, transporting, implementing, processing, and preserving human organs. It also includes costs associated with the storage of a human organ and with quality control, and it excludes costs of housing, travel, and lost wages that an organ donor may incur as a result of making an organ donation. This provision of the statute is in place to ensure that the normal costs of organ transplantation and customary payments of expenses for organ donors are not criminalized inadvertently.
If someone does receive payments unlawfully in violation of N.R.S. 201.460, however, the statute stipulates what the penalty would be for that individual who has broken the law. According to N.R.S. 201.460, an individual involved in the unlawful sale or acquisition of a human organ can be found guilty of a misdemeanor criminal offense if convicted. It is the prosecutor’s burden to prove every element of the crime in order for a defendant to be convicted.
Misdemeanor offenses are not as serious of offenses as gross misdemeanor crimes or as serious as felony offenses. A defendant who is convicted, however, could still be looking at the possibility of jail time or other serious penalties – and a defendant could still be left with a permanent criminal record that affects his or her future in adverse ways.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
If you have been accused of the sale of a human organ for transplant in violation of Nevada Revised Statute section 201.460, you need to do everything possible to try to defend against serious charges with the goal of avoiding consequences or with the goal of reducing the possible penalties that you could be faced with as a result of the alleged violation of state law.
LV Criminal Defense has extensive experience providing representation to defendants who have been accused of various crimes against morals made illegal in Chapter 201 of Title 15 of Nevada’s code. We can help you to identify the best course of action for responding to changes in light of the prosecutor’s evidence that you broke the law by trafficking in human organs.
We can also help you to implement an appropriate legal strategy which, depending upon your situation, could involve negotiation of a plea agreement or fight for an acquittal. Members of our legal team are both skilled negotiators and experienced litigators so you should give us a call as soon as possible in order to find out about the ways in which our Nevada defense attorneys can advocate on your behalf.