Nevada law prohibits the creation of a public nuisance and classifies the crime of creating a public nuisance as a crime against public health and safety. Chapter 202 of Title 15 is the part of Nevada’s penal code that establishes the elements of criminal conduct made illegal because of the risks the conduct presents to public health and safety. There is a subcategory within Chapter 202 that deals with public nuisance offenses and that defines what it means to unlawfully create a public nuisance.
There are many different definitions of exactly what constitutes a public nuisance, but one of the key definitions found within Nevada Revised Statute section 202.450 involves behaving in such a way that a considerable number of people are adversely impacted. Within the public nuisance section of Chapter 202, Nevada makes clear that a prosecutor can prove this element of a public nuisance offense even if unequal damage occurs.
If you have been accused of causing a public nuisance and are facing criminal charges because of it, it is important that you understand the rule related to unequal damage and that you understand how this rule affects a prosecutor’s case against you. LV Criminal Defense can help you to determine if the prosecutor has strong evidence to prove you committed a public nuisance and, based on the nature of the evidence against you, can help you to decide if you should fight charges or let our skilled negotiators work with the prosecutor to get a plea deal for you that results in reduced penalties.
The consequences for conviction for causing a public nuisance can be severe and you owe it to yourself to ensure you are fighting charges. Call our Vegas criminal defense law firm to find out how we can fight for you as you fight accusations of creating a public nuisance so we can help you to implement a legal strategy that is aimed at maximizing the chances of emerging from the criminal justice system with minimal or no consequences.
The statute within the public nuisance subsection of Chapter 202 that deals with unequal damages is Nevada Revised Statute section 202.460. According to the relevant law, an act that affects a “considerable number of persons” in any of the different ways specified in N.R.S. 202.450 is still considered to be a public nuisance even if the extent of the damage is unequal.
For example, if one person is affected severely by the conduct considered to be a public nuisance and hundreds or thousands more are impacted in minor ways, the conduct that is causing the adverse impact could still potentially be considered a public nuisance because a large number of people are affected even though they are not affected all equally.
The definition of public nuisance as outlined in N.R.S. 202.450 refers to a “considerable number of people” in several different definitions of public nuisance. For example, you could be found to have caused a public nuisance for endangering the safety, health, comfort or repose of a considerable number of people or for causing a considerable number of persons to be insecure in life or in the use of property.
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 engaging in behavior that causes damage to a considerable number of people, even unequal damage, you should reach out to LV Criminal Defense as soon as possible to get help fighting charges of public nuisance.
Our Nevada criminal lawyers can put together a strategy for responding to charges so you can protect your good name and work to avoid penalties that could change your life. Give us a call today to find out more about the help we can provide.