NRS 212.135 to 212.189 – Summary of Other Unauthorized or Prohibited Types of Conduct By or With Prisoners in Nevada

officer leading prisoner in handcuffs in corridorThe Nevada legislature enacted a series of statutory provisions addressing a variety of actions and conduct that is deemed unauthorized or prohibited when committed by a prisoner, or in the company of a prisoner. These statutory provisions can be found in NRS 212.135 through 212.189 and prohibit the following (these are just examples and not an exhaustive list):

  • Furnishing a weapon to a prisoner
  • Furnishing controlled substances to a prisoner, including alcohol
  • Engaging in sexual conduct with a prisoner

Unauthorized Communication with a Prisoner

According to NRS 212.140, every person who, not being authorized by law or by any officer authorized thereby, shall have any verbal communication with any prisoner in any jail, prison or other penal institution, or shall bring into or convey out of the same any writing, clothing, food, tobacco or any article whatsoever, shall be guilty of a misdemeanor.

Communicating with a Person Charged or Convicted of a felony in a County Jail

According to NRS 212.150, a person shall not visit, or in any manner communicate with, any prisoner convicted of or charged with any felony, imprisoned in the county jail, other than the officer having such prisoner in charge, the prisoner’s attorney or the district attorney, unless the person has a written permission so to do, signed by the district attorney, or has the consent of the Director of the Department of Corrections or the sheriff having such prisoner in charge.

Providing a Weapon to a Prisoner

According to NRS 212.160, a person who knowingly furnishes, attempts to furnish, or aids or assists in furnishing or attempting to furnish to a prisoner confined in an institution of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, any deadly weapon, explosive, a facsimile of a firearm or an explosive, any controlled substance or intoxicating liquor, is in violation of this statute.

If a person provides a deadly weapon, controlled substance, explosive or a facsimile of a firearm or explosive to a prisoner, that person could be charged and convicted of a category B felony. The penalties for this conviction include serving between one and six years in state prison and being ordered to pay a fine of up to $5,000.

Providing Cell Phones or Other Electronic Devices to a Prisoner

According to NRS 212.165, a person shall not knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner a portable telecommunications device. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

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In addition, a person shall not carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a misdemeanor.

A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Providing a Prisoner Alcohol

According to NRS 212.170, any person who sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person confined in any county or city jail or detention facility is guilty of a gross misdemeanor.

Engaging in Sexual Conduct with a Prisoner

According to NRS 212.187, a prisoner who is in lawful custody or confinement and who voluntarily engages in sexual conduct with another person who is not an employee of or a contractor or volunteer for a prison is guilty of a category D felony and shall be punished as provided in NRS 193.130.

In addition, a person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

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