NRS
193.130 Categories and punishment of felonies.
1. Except when a person is convicted of a
category A felony, and except as otherwise provided by specific statute, a
person convicted of a felony shall be sentenced to a minimum term and a maximum
term of imprisonment which must be within the limits prescribed by the
applicable statute, unless the statute in force at the time of commission of
the felony prescribed a different penalty. The minimum term of imprisonment
that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by
specific statute, for each felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a
sentence of death or imprisonment in the state prison for life with or without
the possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the
minimum term of imprisonment in the state prison that may be imposed is not
less than 1 year and the maximum term of imprisonment that may be imposed is not
more than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a
court shall sentence a convicted person to imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 5
years. In addition to any other penalty, the court may impose a fine of not
more than $10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a
court shall sentence a convicted person to imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 4
years. In addition to any other penalty, the court may impose a fine of not
more than $5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a
court shall sentence a convicted person to imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 4
years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100 or paragraph (a) of
subsection 2 of NRS 453.336, upon
sentencing a person who is found guilty of a category E felony, the court shall
suspend the execution of the sentence and grant probation to the person upon
such conditions as the court deems appropriate. Such conditions of probation
may include, but are not limited to, requiring the person to serve a term of
confinement of not more than 1 year in the county jail. In addition to any
other penalty, the court may impose a fine of not more than $5,000, unless a
greater penalty is authorized or required by statute.
[1911 C&P § 18; RL § 6283; NCL § 9967]—(NRS A 1967,
458; 1995,
1167; 1997,
1177; 1999,
1186; 2019,
4419)
Notes of Decisions
State v. SECOND JUDICIAL DIST. CT.(PULLIN) (2008)
nev · cites it 8×
“Three examples of the Legislature’s intent in this regard are the savings clause set forth in the Crimes and Punishments Act of 1911; 14 the general savings statutes adopted *568 in 1967 as NRS 193.130, 15 193.140, 16 and 193.150; 17 and the savings statute adopted in 1971 as…”
Hudson v. Warden (2001)
nev · cites it 8×
“3395, a person who violates this section shall be punished: (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130. (b) For a third or subsequent offense, if the controlled…”
Williamson v. Hawai'i Paroling Authority (2001)
haw · cites it 4×
“§ 9756(b) (1998) (stating that the minimum term shall not exceed one-half of the maximum sentence); Nev.Rev.Stat. § 193.130(1) (2000) (stating that the minimum *223 term shall not exceed forty percent of the maximum sentence).”
Washington v. State (2001)
nev · cites it 3×
“A person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in schedule I or II and then sells, supplies, transports, delivers, gives or administers any other substance in place of the controlled…”
Allred v. State (2004)
nev · cites it 2×
“NRS 193.130(2) (c). 114 Nev. 910 , 965 P.”
United States v. Miguel Angel Arellano-Torres (2002)
ca9 · cites it 2×
“” NRS 193.130. 5 *1179 “[U]pon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate.”
Washington v. State (2001)
nev · cites it 3×
“A person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in schedule I or II and then sells, supplies, transports, delivers, gives or administers any other substance in place of the controlled…”
Locker v. State (2022)
nev · cites it 8×
“shall be punished for a category E felony as provided in NRS 193.130.[3] In accordance with NRS 176.”
Miller v. State (1997)
nev · cites it 8×
“41 l(3)(a) provides that a category *725 E felony offender shall be punished as provided in NRS 193.130. NRS 193.130(2)(e) provides that for a category E felony a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of 1 year and a…”
English v. State (2000)
nev · cites it 4×
“(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130. This provision of the domestic violence enhancement law took effect on January 1, 1998.”
Grey v. State (2008)
nev
“033; NRS 193.130; see also Villanueva v. State, 117 Nev.”
— Nev. Rev. Stat. § 193.130(1) — 16 cases
Williamson v. Hawai'i Paroling Authority (2001)
haw
“§ 9756(b) (1998) (stating that the minimum term shall not exceed one-half of the maximum sentence); Nev.Rev.Stat. § 193.130(1) (2000) (stating that the minimum *223 term shall not exceed forty percent of the maximum sentence).”
State v. SECOND JUDICIAL DIST. CT.(PULLIN) (2008)
nev
“Three examples of the Legislature’s intent in this regard are the savings clause set forth in the Crimes and Punishments Act of 1911; 14 the general savings statutes adopted *568 in 1967 as NRS 193.130, 15 193.140, 16 and 193.150; 17 and the savings statute adopted in 1971 as…”
— Nev. Rev. Stat. § 193.130(2) — 2 cases
Miller v. State (1997)
nev
“41 l(3)(a) provides that a category *725 E felony offender shall be punished as provided in NRS 193.130. NRS 193.130(2)(e) provides that for a category E felony a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of 1 year and a…”
— Nev. Rev. Stat. § 193.130(2)(b) — 7 cases
— Nev. Rev. Stat. § 193.130(2)(c) — 12 cases
— Nev. Rev. Stat. § 193.130(2)(d) — 12 cases
— Nev. Rev. Stat. § 193.130(2)(e) — 14 cases
Miller v. State (1997)
nev
“41 l(3)(a) provides that a category *725 E felony offender shall be punished as provided in NRS 193.130. NRS 193.130(2)(e) provides that for a category E felony a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of 1 year and a…”
United States v. Miguel Angel Arellano-Torres (2002)
ca9
“” NRS 193.130. 5 *1179 “[U]pon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate.”
Locker v. State (2022)
nev
“shall be punished for a category E felony as provided in NRS 193.130.[3] In accordance with NRS 176.”
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