NRS
200.400 Definition; penalties.
1. As used in this section:
(a) “Battery” means any willful and unlawful use
of force or violence upon the person of another.
(b) “Strangulation” has the meaning ascribed to
it in NRS 200.481.
2. A person who is convicted of battery
with the intent to commit mayhem, robbery or grand larceny is guilty of a
category B felony and shall be punished 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, and may be further punished by a fine of not more than $10,000.
3. A person who is convicted of battery
with the intent to kill is guilty of a category B felony and shall be punished
by imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 20 years.
4. A person who is convicted of battery
with the intent to commit sexual assault shall be punished:
(a) If the crime results in substantial bodily
harm to the victim or is committed by strangulation, for a category A felony by
imprisonment in the state prison:
(1) For life without the possibility of
parole; or
(2) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 10 years has
been served.
(b) If the crime does not result in substantial
bodily harm to the victim and the victim is 16 years of age or older, for a
category A felony by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of life with the possibility of parole.
(c) If the crime does not result in substantial
bodily harm to the victim and the victim is a child under the age of 16, for a
category A felony by imprisonment in the state prison for a minimum term of not
less than 5 years and a maximum term of life with the possibility of parole.
Ê In addition
to any other penalty, a person convicted pursuant to this subsection may be
punished by a fine of not more than $10,000.
[1911 C&P § 148; RL § 6413; NCL § 10095]—(NRS A 1967,
471; 1971,
1385; 1973,
1805; 1977,
1628; 1979,
1426; 1981,
903; 1985,
247; 1991,
123; 1995,
1188; 2005,
2875; 2009,
87; 2015,
2236)
ADMINISTRATION OF DRUG TO AID COMMISSION OF CRIME
Notes of Decisions
Cited in
56
cases (
5 in the last 5 years), 1960–2025 · leading case:
Miller v. State
Miller v. State (1989)
nev · cites it 2×
“366, and battery with intent to commit sexual assault, a breach of NRS 200.400. At a later arraignment, Miller entered a plea of not guilty.”
LOFTHOUSE (JASON) VS. STATE (2020)
nev · cites it 2×
“366 (sexual assault); NRS 200.400(4) (battery with intent to commit sexual assault).”
Litteral v. State (1981)
nev · cites it 2×
“481(2)(d), 10 the penalty is different if a deadly weapon is used.”
Estes v. State (2006)
nev
“NRS 200.400(1) provides that “ ‘battery’ means any willful and unlawful use of force or violence upon the person of another.”
Graves v. Young (1966)
nev · cites it 3×
“His appeal raises one question: Does the law of Nevada permit a person to be charged with attempted murder? Appellant contends he can be charged only under NRS 200.400, 3 which defines assault with intent to kill and urges that “an assault with intent to kill is an aggravated…”
Sterling v. State (1992)
nev
“230), one count of battery with intent to commit a crime (NRS 200.400), and six counts of sexual assault of a child under the age of fourteen (NRS 200.”
Sheriff, Washoe County v. Miley (1983)
nev · cites it 2×
“230; and (4) battery with intent to commit sexual assault causing substantial bodily harm in violation of NRS 200.400(3). Thereafter, Miley petitioned the district court for a pretrial writ of habeas corpus contending that the evidence presented at the grand jury proceeding was…”
Carter v. State (1968)
nev · cites it 3×
“This penalty applied to the first subsection of NRS 200.400. The jury found David guilty of assault with a deadly weapon, 2 for which the penalty was as stated in the second subsection of NRS 200.”
Thomas v. State (1978)
nev
“060) and battery with intent to commit rape, causing substantial bodily harm (NRS 200.400). Appellant assigns as error: (1) the judges’ failure to grant appellant’s requests for a change of counsel, (2) the judge’s failure immediately to admonish the jury upon his decision that…”
Austin v. State (2007)
nev · cites it 2×
“368, if punished as a felony; (c) Battery with intent to commit sexual assault pursuant to NRS 200.400; (d) Abuse of a child pursuant to NRS 200.”
Franko v. State (1978)
nev · cites it 2×
“*612 OPINION Per Curiam: Appellant was convicted, upon a jury verdict, of battery with intent to commit rape with use of a deadly weapon (NRS 200.400; 1 NRS 193.165), and of robbery with use of a deadly weapon (NRS 200.”
State v. Weddell (2002)
nev
“ddell also contends that since the right to use deadly force exists at common law, the State may not prosecute him for using deadly force while attempting to arrest a fleeing felon, absent a criminal statute proscribing this conduct.”
— Nev. Rev. Stat. § 200.400(1) — 2 cases
Estes v. State (2006)
nev
“NRS 200.400(1) provides that “ ‘battery’ means any willful and unlawful use of force or violence upon the person of another.”
— Nev. Rev. Stat. § 200.400(1)(a) — 6 cases
— Nev. Rev. Stat. § 200.400(2) — 9 cases
— Nev. Rev. Stat. § 200.400(3) — 4 cases
Sheriff, Washoe County v. Miley (1983)
nev
“230; and (4) battery with intent to commit sexual assault causing substantial bodily harm in violation of NRS 200.400(3). Thereafter, Miley petitioned the district court for a pretrial writ of habeas corpus contending that the evidence presented at the grand jury proceeding was…”
— Nev. Rev. Stat. § 200.400(4) — 2 cases
— Nev. Rev. Stat. § 200.400(4)(a) — 4 cases
— Nev. Rev. Stat. § 200.400(4)(a)(1) — 1 case
— Nev. Rev. Stat. § 200.400(4)(a)(2) — 2 cases
— Nev. Rev. Stat. § 200.400(4)(b) — 3 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.