Nev. Rev. Stat. § 197.170

Extortion by public officer or employee

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NRS 197.170  Extortion by public officer or employee.  A public officer or employee who:

      1.  Asks, receives or agrees to receive a fee or other compensation for official service or employment either:

      (a) In excess of the fee or compensation allowed by statute therefor; or

      (b) Where a fee or compensation is not allowed by statute therefor; or

      2.  Requests money, property or anything of value which is not authorized by law, from any person regulated by the public officer or employee, and in a manner which would cause a reasonable person to be intimidated into complying with the request to avoid the risk of adverse action by the public officer or employee,

Ê commits extortion which is a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      [1911 C&P § 473; RL § 6738; NCL § 10422]—(NRS A 1967, 462; 1979, 1418; 1995, 1172; 1999, 2747)

     

Notes of Decisions
Cited in 5 cases, 1976–2019 · leading case: Whitehead v. Nevada Commission on Judicial Discipline
Whitehead v. Nevada Commission on Judicial Discipline (1994) nev · cites it 2× “110 Misconduct of public officer — a gross misdemeanor NRS 197.170 Extortion of public officer — a felony NRS 197.”
Adler v. Sheriff (1976) nev · cites it 3× “OPINION Per Curiam: At the conclusion of a preliminary examination Nat Adler was ordered to stand trial on two counts of extortion by a public officer (NRS 197.170) and two counts of failure to file a full and correct quarterly financial statement (NRS 253.”
Johnson (Michael) Vs. State (2019) nev · cites it 2× “" NRS 197.170. Based on the evidence presented, a rational juror could reasonably infer that Johnson received a fee that was not authorized by statute to facilitate the sale of Lonetes permits by virtue of an act in his official capacity or under the color of his office.”
Lescinsky v. Clark County School District (2019) nvd · cites it 2× “57 Nev. Rev. Stat §§ 197.170 (extortion by a public officer); 199.”
Coache (Robert) Vs. State (2019) nev “" NRS 197.170. Again, we conclude that there was not enough evidence that Coache received money in exchange for him performing his job or acting under color of his office with the State Engineer with respect to the Lonetti permit application.”
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