NRS
193.167 Certain crimes committed against person 60 years of age or older
or against vulnerable person.
1. Except as otherwise provided in NRS 193.169, any person who commits the
crime of:
(a) Murder;
(b) Attempted murder;
(c) Assault;
(d) Battery;
(e) Kidnapping;
(f) Robbery;
(g) Sexual assault;
(h) Embezzlement of, or attempting or conspiring
to embezzle, money or property of a value of $650 or more;
(i) Obtaining, or attempting or conspiring to obtain,
money or property of a value of $650 or more by false pretenses; or
(j) Taking money or property from the person of
another,
Ê against any
person who is 60 years of age or older or against a vulnerable person shall, in
addition to the term of imprisonment prescribed by statute for the crime, be
punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment
in the county jail for a term equal to the term of imprisonment prescribed by
statute for the crime, and, if the crime is a 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 20 years.
2. Except as otherwise provided in NRS 193.169, any person who commits a
criminal violation of the provisions of chapter 90
or 91 of NRS against any person who is 60
years of age or older or against a vulnerable person, any person who commits a
criminal violation of paragraph (a), (b) or (c) of subsection 1 of NRS 205.0832 intentionally or knowingly
against any person who is 60 years of age or older or against a vulnerable
person or any person who commits a criminal violation of subsection 3 of NRS 598.0999 intentionally or knowingly
against any person who is 60 years of age or older or against a vulnerable
person, shall, in addition to the term of imprisonment prescribed by statute
for the criminal violation, be punished, if the criminal violation is a
misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term
equal to the term of imprisonment prescribed by statute for the criminal
violation, and, if the criminal violation is a 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 20 years.
3. In determining the length of the
additional penalty imposed pursuant to this section, the court shall consider
the following information:
(a) The facts and circumstances of the crime or
criminal violation;
(b) The criminal history of the person;
(c) The impact of the crime or criminal violation
on any victim;
(d) Any mitigating factors presented by the
person; and
(e) Any other relevant information.
Ê The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.
4. The sentence prescribed by this
section:
(a) Must not exceed the sentence imposed for the
crime or criminal violation; and
(b) Must run consecutively with the sentence
prescribed by statute for the crime or criminal violation.
5. This section does not create any
separate offense but provides an additional penalty for the primary offense,
whose imposition is contingent upon the finding of the prescribed fact.
6. As used in this section, “vulnerable
person” has the meaning ascribed to it in NRS
200.5092.
(Added to NRS by 1979,
831; A 1989,
1850; 1991,
1059; 1993,
1; 1999,
42; 2003,
2566; 2005,
1106; 2007,
3190; 2011,
157; 2013,
390; 2015,
803; 2017,
2527, 2833;
2025,
3193)
Notes of Decisions
Cited in
40
cases (
5 in the last 5 years), 1982–2025 · leading case:
Carter v. State
Carter v. State (1982)
nev · cites it 16×
“165 and NRS 193.167. Appellant received twenty years for the sexual assault, plus an enhancement of twenty years for use of a deadly weapon, and an additional twenty years because his victim was over sixty-five years.”
Mendoza-Lobos v. State (2009)
nev · cites it 4×
“The statute NRS 193.167[sic] talks about the enhancement for the use of a deadly weapon and calls on the court to consider the following information which are: the facts and circumstances of the crime or criminal violation, also the criminal history of the person, the impact of…”
State v. Hancock (1998)
nev · cites it 12×
“Furthermore, the age enhancement pursuant to NRS 193.167 was inappropriately tacked on to Counts I and II.”
Barrett v. State (1989)
nev · cites it 4×
“165, use of a deadly weapon, NRS 193.167, victim over age 65, and NRS 207.”
Tarray v. State (2009)
md · cites it 2×
“2 (West 2007); Nev. Rev.Stat. § 193.167 (LexisNexis 2006); Okla.”
Hill v. State (2008)
nev
“165 (deadly weapon enhancement), and NRS 193.167 (elderly person enhancement).”
Rodriguez v. State (2018)
nev · cites it 4×
“481(2)(b) and an additional 120 months' maximum imprisonment under NRS 193.167 for committing that crime against an older person.”
Sims v. State (1991)
nev · cites it 2×
“PROSECUTOR: The fact of the matter is that you never told the police officers anything like that, isn't that right, sir? DEFENDANT: Anything like where I've been? PROSECUTOR: Correct.”
Odoms v. State (1986)
nev · cites it 2×
“165 and NRS 193.167. Carter at p. 331. The district court imposed consecutive sentences for multiple enhancements under those statutes.”
Colwell v. State (1996)
nev
“060, and one count of robbery of a victim 65 years of age or older pursuant to NRS 193.167 and NRS 200.380. Colwell requested that the penalty hearing be conducted as soon as possible.”
Hughes v. State (2000)
nev
“330 and NRS 193.167, not as a habitual criminal pursuant to NRS 207.”
Dolby v. State (1990)
nev
“Dolby concedes that the sentence that the court imposed is not for two distinctly separate counts, as in Kennedy and Chandler , but rather for a primary penalty and an enhanced penalty as provided for in NRS 193.167. Dolby argues, however, that the rationale of the federal cases…”
— Nev. Rev. Stat. § 193.167(1) — 5 cases
State v. Hancock (1998)
nev
“Furthermore, the age enhancement pursuant to NRS 193.167 was inappropriately tacked on to Counts I and II.”
— Nev. Rev. Stat. § 193.167(1)(a) — 1 case
State v. Hancock (1998)
nev
“Furthermore, the age enhancement pursuant to NRS 193.167 was inappropriately tacked on to Counts I and II.”
— Nev. Rev. Stat. § 193.167(1)(f) — 1 case
Carter v. State (1982)
nev
“165 and NRS 193.167. Appellant received twenty years for the sexual assault, plus an enhancement of twenty years for use of a deadly weapon, and an additional twenty years because his victim was over sixty-five years.”
— Nev. Rev. Stat. § 193.167(1)(g) — 1 case
— Nev. Rev. Stat. § 193.167(1)(j) — 1 case
— Nev. Rev. Stat. § 193.167(2) — 1 case
State v. Hancock (1998)
nev
“Furthermore, the age enhancement pursuant to NRS 193.167 was inappropriately tacked on to Counts I and II.”
— Nev. Rev. Stat. § 193.167(3) — 4 cases
Mendoza-Lobos v. State (2009)
nev
“The statute NRS 193.167[sic] talks about the enhancement for the use of a deadly weapon and calls on the court to consider the following information which are: the facts and circumstances of the crime or criminal violation, also the criminal history of the person, the impact of…”
— Nev. Rev. Stat. § 193.167(l)(f) — 1 case
Carter v. State (1982)
nev
“165 and NRS 193.167. Appellant received twenty years for the sexual assault, plus an enhancement of twenty years for use of a deadly weapon, and an additional twenty years because his victim was over sixty-five years.”
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treatment. Dots show Syfertize treatment of the citing case itself.