NRS
199.480 Penalties.
1. Except as otherwise provided in
subsection 2, whenever two or more persons conspire to commit murder, robbery,
sexual assault, kidnapping in the first or second degree, arson in the first or
second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in
violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking
in violation of NRS 201.301 or a
violation of NRS 205.463, each person is
guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery,
sexual assault, kidnapping in the first or second degree, arson in the first or
second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in
violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking
in violation of NRS 201.301 or a
violation of NRS 205.463, by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years; or
(b) If the conspiracy was to commit murder, by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 10 years,
Ê and may be
further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the
conspirators to criminal liability under NRS
207.400, they shall be punished in the manner provided in NRS 207.400.
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set
forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to
be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action
or proceeding;
(d) To cheat or defraud another out of any
property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful
trade or calling, or from doing any other lawful act, by force, threats or
intimidation, or by interfering or threatening to interfere with any tools,
implements or property belonging to or used by another, or with the use or
employment thereof;
(f) To commit any act injurious to the public
health, public morals, trade or commerce, or for the perversion or corruption
of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful
purpose, or to accomplish a purpose, not in itself criminal or unlawful, by
criminal or unlawful means,
Ê each person
is guilty of a gross misdemeanor.
[1911 C&P § 112; RL § 6377; NCL § 10061]—(NRS A 1975,
509; 1977,
1416, 1631;
1979,
1424; 1983,
1494; 1995,
1179; 1999,
1343; 2013,
2424; 2019,
1810)
Notes of Decisions
Cited in
85
cases (
8 in the last 5 years), 1967–2025 · leading case:
Garcia v. State, 113 P.3d 836 (Nev. 2005).
Garcia v. State, 113 P.3d 836 (Nev. 2005).
· cites it 4× “060 independently and in conjunction with Nevada’s conspiracy statute, NRS 199.480. 40 To convict Garcia of conspiracy to commit burglary, the State was required to show that Garcia and another agreed to enter the establishment with the intent to commit a felony therein.”
United States v. Tavares Chandler, 743 F.3d 648 (9th Cir. 2014).
· cites it 6× “1992), “the § 924(e) analysis of a prior conspiracy conviction is governed by the substantive offense that was the object of the conspiracy,” conspiracy to commit robbery, pursuant to Nev. Rev. Stat. §§ 199.480 , 200.380, is also a “violent felony” under the ACCA’s residual…”
United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014).
· cites it 3× “Nev.Rev.Stat. § 199.480 (2003). Pascacio-Rodriguez was sentenced by the Nevada court to a minimum of 24 months of imprisonment and a maximum of 72 months of imprisonment.”
Sheriff of Washoe Cnty. v. Martin, 662 P.2d 634 (Nev. 1983).
· cites it 4× “083 and conspiracy to commit card cheating in violation of NRS 199.480 and NRS 465.083. After being bound over to the district court for trial, *338 respondent petitioned the district court for a writ of habeas corpus.”
Villavicencio v. Sessions, 904 F.3d 658 (9th Cir. 2018).
“2017) (" Garcia-Santana held that Nevada's conspiracy statute, Nev. Rev. Stat. § 199.480 , is overbroad because it does not contain, as an element, an overt act").”
Mazzeo v. Gibbons, 649 F. Supp. 2d 1182 (D. Nev. 2009).
· cites it 3× “310(2), and conspiracy, NRS 199.480(3)(a) & (g). She also alleges Gibbons, Young, Campbell, Rogich, and Puhek prevented or dissuaded a person from testifying in violation of NRS 199.”
Aracely Marinelarena v. Jefferson Sessions, 869 F.3d 780 (9th Cir. 2017).
· cites it 2× “Garcia-Santana held that Nevada’s conspiracy statute, Nev. Rev. Stat. § 199.480 , is overbroad because it does not contain, as an element, an overt act.”
Hector Mancilla-Delafuente v. Loretta E. Lynch, 804 F.3d 1262 (9th Cir. 2015).
· cites it 2× “Mancilla was also convicted on March 27, 2009, for conspiracy to possess a credit card without consent, in violation of Nev.Rev.Stat. §§ 199.480 and 205.690(2). Mancilla pleaded guilty, was charged a fine and fees of $775.”
Bolden v. State, 124 P.3d 191 (Nev. 2005).
“Additionally, NRS 199.480 sets forth the penalties for conspiracy offenses.”
Nelson v. State, 170 P.3d 517 (Nev. 2007).
“380; NRS 199.480; NRS 484.348. 33 116 Nev. at 21, 992 P.”
Hogan v. Warden, 916 P.2d 805 (Nev. 1996).
· cites it 2× “Other possible threats of prosecution might be seen under NRS 199.480(3)(f) (conspiracy to commit an act injurious to or a corruption of public justice or the due administration of law).”
— Nev. Rev. Stat. § 199.480(1) — 6 cases
Garcia v. State, 113 P.3d 836 (Nev. 2005).
“060 independently and in conjunction with Nevada’s conspiracy statute, NRS 199.480. 40 To convict Garcia of conspiracy to commit burglary, the State was required to show that Garcia and another agreed to enter the establishment with the intent to commit a felony therein.”
— Nev. Rev. Stat. § 199.480(1)(a) — 10 cases
— Nev. Rev. Stat. § 199.480(1)(b) — 2 cases
— Nev. Rev. Stat. § 199.480(2) — 1 case
— Nev. Rev. Stat. § 199.480(2)(d) — 2 cases
Sheriff of Washoe Cnty. v. Martin, 662 P.2d 634 (Nev. 1983).
“083 and conspiracy to commit card cheating in violation of NRS 199.480 and NRS 465.083. After being bound over to the district court for trial, *338 respondent petitioned the district court for a writ of habeas corpus.”
— Nev. Rev. Stat. § 199.480(3) — 3 cases
— Nev. Rev. Stat. § 199.480(3)(a) — 3 cases
Mazzeo v. Gibbons, 649 F. Supp. 2d 1182 (D. Nev. 2009).
“310(2), and conspiracy, NRS 199.480(3)(a) & (g). She also alleges Gibbons, Young, Campbell, Rogich, and Puhek prevented or dissuaded a person from testifying in violation of NRS 199.”
— Nev. Rev. Stat. § 199.480(3)(f) — 1 case
Hogan v. Warden, 916 P.2d 805 (Nev. 1996).
“Other possible threats of prosecution might be seen under NRS 199.480(3)(f) (conspiracy to commit an act injurious to or a corruption of public justice or the due administration of law).”
— Nev. Rev. Stat. § 199.480(l)(a) — 1 case
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