NRS 212.080 – Overview of the Laws Related to Recapture and Imprisonment

Handcuffed man behind prison bars. Arrested criminal male person imprisoned.It does not happen all the time, but in rare instances, a prisoner will attempt to escape from a correctional facility in Nevada. If you attempt to escape from prison, there is a statutory provision allowing law enforcement to engage in recapture initiatives.

 

 

What Exactly is Recapture?

According to NRS 212.080, it is a crime to escape from prison after you have been convicted of a crime you committed. An escape from Nevada custody will lead to a warrant for the recapture issued to an escapee from the Director of Dhttps://www.lvcriminaldefense.com/nevada-criminal-process/procedure-in-criminal-cases/department-of-corrections/nevada-department-of-corrections/custody/epartment. The warrant is functional to any county of Nevada state and sheriff/police/constable of all the counties may be commanded to make an arrest and return the convict to the Director of the Department of Corrections pursuant to the NRS 212.030.

Also, for any other prisoner escapes from prison, branch county prison, or from another local custody facility, the police/sheriff or officer in charge of the operation of that facility has the right to issue a warrant of arrest to recapture the escapee. This is the specific statute pursuant to the NRS 212.030

Top Rated Criminal Lawyer

Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.

SCHEDULE A CONSULTATION NOW!

“When any prisoner escapes from a jail, branch county jail or other local detention facility, the sheriff, chief of police or other officer
responsible for the operation of the facility may issue a warrant for the recapture of the escaped prisoner. The warrant is effective in any county in this State, and may command the sheriff of any county in this State, or any constable thereof, or any police officer of any city in this State, to arrest and return the prisoner to the officer who issued the warrant.”

What is Imprisonment under Nevada Law?

According to NRS 212.080, when a prisoner is recaptured after an escape from prison, they are liable for a term equivalent to the unexpired part of the original sentence.

What is the Punishment of a Prisoner Who Escapes under Nevada Law?

According to NRS 212.090, a prisoner who is in custody or being in the legitimate prison of an officer or someone else who escapes or tries to escape from their defined facility or prison, if the convict is apprehended on a charge, conviction or sentence of:

Here is the specific statute:

  1. Felony, shall be punished:

Where a dangerous weapon is used or one or more hostages are taken to facilitate the escape or attempted escape, or substantial bodily harm results to anyone as a direct result of the escape or attempted escape, for a category B felony 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, and may be further punished by a fine of not more than $20,000. The sentence imposed pursuant to this paragraph must run consecutively after any sentence imposed for the original felony, and is not subject to suspension or the granting of probation.

Address: 400 S, 7th Street #401, Las Vegas, NV 89101 United States, 400 S, 7th Street #401, 89101, US, $$$ | Tel: + 1 (702) 623-6362
Address: 400 S, 7th Street #401, Las Vegas, NV 89101 United States, 400 S, 7th Street #401, 89101, US, $$$ | Tel: + 1 (702) 623-6362

What Our Client are saying

When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.

5
Contact Now

(b) “Where none of the aggravating factors specified in paragraph (a) are present, for a category B felony 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”.

  1. A gross misdemeanor or misdemeanor, shall be punished:

(a)Where a dangerous weapon is used to facilitate the escape or attempted escape, for a category B felony 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, and may be further punished by a fine of not more than $5,000.

(b) Where no dangerous weapon is used, for a gross misdemeanor.

What Happens When Found Trying to Aid a Prisoner to Escape under Nevada Law?

According to NRS 212.100, if caught with the intent to effect or facilitate a convict to escape, whether the escape was successful, an attempt or not you are liable for conviction. Also, if you are caught to have sent any information, aid, weapon or instrument that could have assisted prisoner to escape or an attempted to escape from the (lawful) prison of a Sheriff/ Officer/ person you are liable for punishment if the convict is apprehended upon a charge, arrest, commitment, conviction or a sentence.

For category B felony, you may be imprisoned for not less than 1-year in state prison and a maximum sentence not exceeding 10 years. Further, you may be punished with a fine not exceeding $10,000. In case of a gross misdemeanor or misdemeanor where dangerous instruments/ weapons were used to help the convict to escape, for category B felony you may be imprisoned for not less than one year and a maximum not exceeding 6 years in state prison. You may further be asked to pay $5,000. Below is the specific statute:

  1. For a gross misdemeanor or misdemeanor:

(a)Where a dangerous weapon is used to effect or facilitate the escape or attempted escape, for a category B felony 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, and may be further punished by a fine of not more than $5,000.

(b) Where no dangerous weapon is used, for a gross misdemeanor.

Charged with a Crime in Las Vegas? Speak to an Attorney Today

If you have been charged with a crime, including attempting to escape from prison, do not delay in speaking to an attorney to discuss your legal options. Contact our law firm today.