NRS
193.168 Felony committed to promote activities of criminal gang;
restriction on probation and suspension of sentence; expert testimony.
1. Except as otherwise provided in
subsection 5 and NRS 193.169, any person
who is convicted of a felony committed knowingly for the benefit of, at the
direction of, or in affiliation with, a criminal gang, with the specific intent
to promote, further or assist the activities of the criminal gang, shall, in
addition to the term of imprisonment prescribed by statute for the crime, be
punished 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. In determining the
length of the additional penalty imposed, the court shall consider the
following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime 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.
2. The sentence prescribed by this
section:
(a) Must not exceed the sentence imposed for the
crime; and
(b) Runs consecutively with the sentence
prescribed by statute for the crime.
3. 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.
4. The court shall not impose an
additional penalty pursuant to this section unless:
(a) The indictment or information charging the
defendant with the primary offense alleges that the primary offense was
committed knowingly for the benefit of, at the direction of, or in affiliation
with, a criminal gang, with the specific intent to promote, further or assist
the activities of the criminal gang; and
(b) The trier of fact finds that allegation to be
true beyond a reasonable doubt.
5. The court shall not impose an
additional penalty pursuant to this section if the primary offense is a
violation of NRS 201.570.
6. Except as otherwise provided in this
subsection, the court shall not grant probation to or suspend the sentence of
any person convicted of a felony committed for the benefit of, at the direction
of, or in affiliation with, a criminal gang if an additional term of imprisonment
may be imposed for that primary offense pursuant to this section. The court
may, upon the receipt of an appropriate motion, reduce or suspend the sentence
imposed for the primary offense if it finds that the defendant rendered
substantial assistance in the arrest or conviction of any other principals,
accomplices, accessories or coconspirators to the crime, or of any other
persons involved in the commission of a felony which was committed for the
benefit of, at the direction of, or in affiliation with, a criminal gang. The
agency which arrested the defendant must be given an opportunity to support or
oppose such a motion before it is granted or denied. If good cause is shown,
the motion may be heard in camera.
7. In any proceeding to determine whether
an additional penalty may be imposed pursuant to this section, expert testimony
is admissible to show particular conduct, status and customs indicative of
criminal gangs, including, but not limited to:
(a) Characteristics of persons who are members of
criminal gangs;
(b) Specific rivalries between criminal gangs;
(c) Common practices and operations of criminal
gangs and the members of those gangs;
(d) Social customs and behavior of members of
criminal gangs;
(e) Terminology used by members of criminal
gangs;
(f) Codes of conduct, including criminal conduct,
of particular criminal gangs; and
(g) The types of crimes that are likely to be
committed by a particular criminal gang or by criminal gangs in general.
8. As used in this section, “criminal gang”
means any combination of persons, organized formally or informally, so
constructed that the organization will continue its operation even if
individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs
indicative of it; and
(c) Has as one of its common activities engaging
in criminal activity punishable as a felony, other than the conduct which
constitutes the primary offense.
(Added to NRS by 1991,
1057; A 2007,
3191; 2009,
415)
Notes of Decisions
Cited in
20
cases (
3 in the last 5 years), 1998–2024 · leading case:
Origel-Candido v. State, 956 P.2d 1378 (Nev. 1998).
Origel-Candido v. State, 956 P.2d 1378 (Nev. 1998).
· cites it 20× “The prosecution also sought a sentence enhancement under NRS 193.168, which imposes an additional penalty for felonies committed in furtherance of criminal gang activity.”
Mendoza-Lobos v. State, 218 P.3d 501 (Nev. 2009).
· cites it 2× “1675(1)); felonies committed to promote activities of a criminal gang (NRS 193.168(1)); and felonies committed with the intent to commit, cause, aid, further, or conceal an act of terrorism (NRS 193.”
State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2015).
“425 ; Nev.Rev. Stat. Ann. § 193.168; Tex. Penal Code Ann.”
Hernandez, 26 I. & N. Dec. 397 (BIA 2014).
“423 (West 1993); Nev. Rev. Stat. Ann. § 193.168 (West 1991).”
Kirkpatrick v. State, 137 P.3d 1193 (Nev. 2006).
· cites it 2× “As provided in NRS 193.168(1), the district court also imposed an additional and consecutive term of 48 to 120 months as a gang enhancement for the conspiracy count.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
· cites it 11× “Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
Goode (Amaan) v. State (Nev. 2014).
· cites it 17× “" NRS 193.168(1) (emphasis added). Therefore, Goode's 3As discussed above, we are not persuaded that only adult felony convictions are admissible as examples of gang members' felonious conduct.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
· cites it 10× “Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
Elizondo (Damian) v. State (Nev. 2014).
· cites it 14× “NRS 193.168(1). A "criminal gang" is: any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which: (a) Has a common name or identifying symbol;…”
Hernandez (Marcos) v. State (Nev. 2013).
· cites it 3× “2d 20, 20 (1981); see also NRS 193.168(1), (8); NRS 200.481(2)(e)(2); NRS 200.”
Garcia (Evaristo) v. State (Nev. 2015).
· cites it 3× “' NRS 193.168(8). The record shows that the discovery supported the State's decision to initially charge Garcia with a gang enhancement: (1) in separate recorded statements, EC, JH, and ML stated that Garcia was in their gang named "Puros Locos" or "PL," and several purported…”
— Nev. Rev. Stat. § 193.168(1) — 10 cases
Mendoza-Lobos v. State, 218 P.3d 501 (Nev. 2009).
“1675(1)); felonies committed to promote activities of a criminal gang (NRS 193.168(1)); and felonies committed with the intent to commit, cause, aid, further, or conceal an act of terrorism (NRS 193.”
Origel-Candido v. State, 956 P.2d 1378 (Nev. 1998).
“The prosecution also sought a sentence enhancement under NRS 193.168, which imposes an additional penalty for felonies committed in furtherance of criminal gang activity.”
Kirkpatrick v. State, 137 P.3d 1193 (Nev. 2006).
“As provided in NRS 193.168(1), the district court also imposed an additional and consecutive term of 48 to 120 months as a gang enhancement for the conspiracy count.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
— Nev. Rev. Stat. § 193.168(3) — 1 case
— Nev. Rev. Stat. § 193.168(3)(b) — 1 case
Origel-Candido v. State, 956 P.2d 1378 (Nev. 1998).
“The prosecution also sought a sentence enhancement under NRS 193.168, which imposes an additional penalty for felonies committed in furtherance of criminal gang activity.”
— Nev. Rev. Stat. § 193.168(6) — 1 case
Origel-Candido v. State, 956 P.2d 1378 (Nev. 1998).
“The prosecution also sought a sentence enhancement under NRS 193.168, which imposes an additional penalty for felonies committed in furtherance of criminal gang activity.”
— Nev. Rev. Stat. § 193.168(6)(c) — 1 case
Origel-Candido v. State, 956 P.2d 1378 (Nev. 1998).
“The prosecution also sought a sentence enhancement under NRS 193.168, which imposes an additional penalty for felonies committed in furtherance of criminal gang activity.”
— Nev. Rev. Stat. § 193.168(7) — 5 cases
Elizondo (Damian) v. State (Nev. 2014).
“NRS 193.168(1). A "criminal gang" is: any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which: (a) Has a common name or identifying symbol;…”
Goode (Amaan) v. State (Nev. 2014).
“" NRS 193.168(1) (emphasis added). Therefore, Goode's 3As discussed above, we are not persuaded that only adult felony convictions are admissible as examples of gang members' felonious conduct.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
— Nev. Rev. Stat. § 193.168(7)(a) — 2 cases
— Nev. Rev. Stat. § 193.168(8) — 5 cases
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
Elizondo (Damian) v. State (Nev. 2014).
“NRS 193.168(1). A "criminal gang" is: any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which: (a) Has a common name or identifying symbol;…”
Goode (Amaan) v. State (Nev. 2014).
“" NRS 193.168(1) (emphasis added). Therefore, Goode's 3As discussed above, we are not persuaded that only adult felony convictions are admissible as examples of gang members' felonious conduct.”
Garcia (Evaristo) v. State (Nev. 2015).
“' NRS 193.168(8). The record shows that the discovery supported the State's decision to initially charge Garcia with a gang enhancement: (1) in separate recorded statements, EC, JH, and ML stated that Garcia was in their gang named "Puros Locos" or "PL," and several purported…”
— Nev. Rev. Stat. § 193.168(8)(c) — 5 cases
Goode (Amaan) v. State (Nev. 2014).
“" NRS 193.168(1) (emphasis added). Therefore, Goode's 3As discussed above, we are not persuaded that only adult felony convictions are admissible as examples of gang members' felonious conduct.”
Elizondo (Damian) v. State (Nev. 2014).
“NRS 193.168(1). A "criminal gang" is: any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which: (a) Has a common name or identifying symbol;…”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
State v. Devries (richard) c/w 86648/86649/86650/86651/86652/86653, 140 Nev. Adv. Op. No. 82 (Nev. 2024).
“Thus, the State presented sufficient evidence to the grand jury to support a probable cause finding that Hells Angels is a criminal gang under NRS 193.168. Because the district court substantially erred in dismissing the gang enhancement, we reverse and remand.”
Garcia (Evaristo) v. State (Nev. 2015).
“' NRS 193.168(8). The record shows that the discovery supported the State's decision to initially charge Garcia with a gang enhancement: (1) in separate recorded statements, EC, JH, and ML stated that Garcia was in their gang named "Puros Locos" or "PL," and several purported…”
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