NRS
200.5092 Definitions. As
used in
NRS 200.5091 to
200.50995, inclusive, unless the context
otherwise requires:
1. “Abandonment” means:
(a) Desertion of an older person or a vulnerable
person in an unsafe manner by a caretaker or other person with a legal duty of
care; or
(b) Withdrawal of necessary assistance owed to an
older person or a vulnerable person by a caretaker or other person with an
obligation to provide services to the older person or vulnerable person.
2. “Abuse” means willful:
(a) Infliction of pain or injury on an older
person or a vulnerable person;
(b) Deprivation of food, shelter, clothing or
services which are necessary to maintain the physical or mental health of an
older person or a vulnerable person;
(c) Infliction of psychological or emotional
anguish, pain or distress on an older person or a vulnerable person through any
act, including, without limitation:
(1) Threatening, controlling or socially
isolating the older person or vulnerable person;
(2) Disregarding the needs of the older
person or vulnerable person; or
(3) Harming, damaging or destroying any
property of the older person or vulnerable person, including, without
limitation, pets;
(d) Nonconsensual sexual contact with an older
person or a vulnerable person, including, without limitation:
(1) An act that the older person or
vulnerable person is unable to understand or to which the older person or
vulnerable person is unable to communicate his or her objection; or
(2) Intentional touching, either directly
or through the clothing, of the genitalia, anus, groin, breast, inner thigh or
buttocks of the older person or vulnerable person; or
(e) Permitting any of the acts described in
paragraphs (a) to (d), inclusive, to be committed against an older person or a
vulnerable person.
3. “Exploitation” means any act taken by a
person who has the trust and confidence of an older person or a vulnerable
person or any use of the power of attorney or guardianship of an older person
or a vulnerable person to:
(a) Obtain control, through deception,
intimidation or undue influence, over the older person’s or vulnerable person’s
money, assets or property with the intention of permanently depriving the older
person or vulnerable person of the ownership, use, benefit or possession of his
or her money, assets or property; or
(b) Convert money, assets or property of the
older person or vulnerable person with the intention of permanently depriving
the older person or vulnerable person of the ownership, use, benefit or
possession of his or her money, assets or property.
Ê As used in
this subsection, “undue influence” means the improper use of power or trust in
a way that deprives a person of his or her free will and substitutes the
objectives of another person. The term does not include the normal influence
that one member of a family has over another.
4. “Isolation” means preventing an older
person or a vulnerable person from having contact with another person by:
(a) Intentionally preventing the older person or
vulnerable person from receiving visitors, mail or telephone calls, including,
without limitation, communicating to a person who comes to visit the older
person or vulnerable person or a person who telephones the older person or
vulnerable person that the older person or vulnerable person is not present or
does not want to meet with or talk to the visitor or caller knowing that the
statement is false, contrary to the express wishes of the older person or
vulnerable person and intended to prevent the older person or vulnerable person
from having contact with the visitor;
(b) Physically restraining the older person or
vulnerable person to prevent the older person or vulnerable person from meeting
with a person who comes to visit the older person or vulnerable person; or
(c) Permitting any of the acts described in
paragraphs (a) and (b) to be committed against an older person or a vulnerable
person.
Ê The term
does not include an act intended to protect the property or physical or mental
welfare of the older person or vulnerable person or an act performed pursuant
to the instructions of a physician of the older person or vulnerable person.
5. “Neglect” means the failure of a person
or a manager of a facility who has assumed legal responsibility or a
contractual obligation for caring for an older person or a vulnerable person or
who has voluntarily assumed responsibility for his or her care to provide food,
shelter, clothing or services which are necessary to maintain the physical or
mental health of the older person or vulnerable person.
6. “Older person” means a person who is 60
years of age or older.
7. “Protective services” means services
the purpose of which is to prevent and remedy the abuse, neglect, exploitation,
isolation and abandonment of older persons or vulnerable persons. The services
may include:
(a) The investigation, evaluation, counseling,
arrangement and referral for other services and assistance; and
(b) Services provided to an older person or a
vulnerable person who is unable to provide for his or her own needs.
8. “Vulnerable person” means a person 18
years of age or older who:
(a) Suffers from a condition of physical or
mental incapacitation because of a developmental disability, organic brain
damage or mental illness; or
(b) Has one or more physical or mental
limitations that restrict the ability of the person to perform the normal
activities of daily living.
(Added to NRS by 1981,
1334; A 1983,
1359, 1652;
1995,
2250; 1997,
1348; 1999,
3517; 2003,
491; 2005,
1108; 2015,
804; 2019,
3484; 2023,
1401)
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1986–2026 · leading case:
Vallery v. State, 46 P.3d 66 (Nev. 2002).
Vallery v. State, 46 P.3d 66 (Nev. 2002).
· cites it 7× “5099, is defined in NRS 200.5092: 'T. “Abuse” means willful and unjustified: (a) Infliction of pain, injury or mental anguish on an older person; or (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older…”
State v. Brenner, 486 So. 2d 101 (La. 1986).
“", § 53-5-525(2); Nevada, Nev.Rev.Stat. §§ 200.5092, et seq.; Oklahoma, Okla.”
Smith (sophia) v. State, 142 Nev. Adv. Op. No. 26 (Nev. 2026).
· cites it 7× “NRS 200.5092 was passed as part of a bill that created Nevada's statutory scheme for addressing elder abuse, neglect, and exploitation.”
Logan (Yvonne) v. State (Nev. 2013).
· cites it 14× “5092(2) is unconstitutionally vague because "normal influence" of one family member over another is not sufficiently defined in the context of "undue influence" for the purposes of establishing exploitation and (2) if NRS 200.5092(2) is determined to be constitutional, whether…”
Steinmeyer (D. Nev. 2025).
· cites it 6× “Plaintiff’s 17 cause of action—abuse of a vulnerable person under NRS § 200.5092—is improper 18 because Plaintiff cites to a criminal law that provides Plaintiff no private cause of action 19 and Plaintiff has cited to no legal authority stating otherwise.”
Robinson (maurice) v. State (Crim.), 142 Nev. Adv. Op. No. 37 (Nev. 2026).
· cites it 4× “5099 and NRS 200.5092), we held that the error was not clear and declined to reverse the conviction on this ground.”
Rasmussen (Ivy) v. State C/W 68234 (Nev. 2018).
· cites it 3× “0832(1)(b); NRS 200.5092; NRS 200.5099. While appellants assert that their actions did not constitute criminal conduct, this theory was presented to the jury.”
Rasmussen (Ivy) v. State C/W 68234 (Nev. 2018).
· cites it 3× “0832(1)(b); NRS 200.5092; NRS 200.5099. While appellants assert that their actions did not constitute criminal conduct, this theory was presented to the jury.”
In Re: Disbarment of Noel Palmer Simpson (Nev. 2019).
“" The criminal act at issue involves Simpson's guilty plea to one count of exploitation of an older or vulnerable person in violation of NRS 200.5092, a category B felony. Simpson admits that she could not successfully defend against a disciplinary complaint.”
Ouellette v. Special Rec. Servs., Inc. (D. Nev. 2021).
“14 In the state court, Plaintiffs answered and counterclaimed for the following: (1) Wrongful 15 Termination (Plaintiff Gayla Ouellette against Defendant Amplify Life); (2) Fraud (Plaintiff Gayla 16 Ouellette against all Cross-Defendants1); (3) Defamation (Plaintiff Gayla…”
— Nev. Rev. Stat. § 200.5092(2) — 2 cases
Vallery v. State, 46 P.3d 66 (Nev. 2002).
“5099, is defined in NRS 200.5092: 'T. “Abuse” means willful and unjustified: (a) Infliction of pain, injury or mental anguish on an older person; or (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older…”
Logan (Yvonne) v. State (Nev. 2013).
“5092(2) is unconstitutionally vague because "normal influence" of one family member over another is not sufficiently defined in the context of "undue influence" for the purposes of establishing exploitation and (2) if NRS 200.5092(2) is determined to be constitutional, whether…”
— Nev. Rev. Stat. § 200.5092(2)(a) — 1 case
Logan (Yvonne) v. State (Nev. 2013).
“5092(2) is unconstitutionally vague because "normal influence" of one family member over another is not sufficiently defined in the context of "undue influence" for the purposes of establishing exploitation and (2) if NRS 200.5092(2) is determined to be constitutional, whether…”
— Nev. Rev. Stat. § 200.5092(2)(b) — 1 case
Logan (Yvonne) v. State (Nev. 2013).
“5092(2) is unconstitutionally vague because "normal influence" of one family member over another is not sufficiently defined in the context of "undue influence" for the purposes of establishing exploitation and (2) if NRS 200.5092(2) is determined to be constitutional, whether…”
— Nev. Rev. Stat. § 200.5092(3) — 5 cases
Smith (sophia) v. State, 142 Nev. Adv. Op. No. 26 (Nev. 2026).
“NRS 200.5092 was passed as part of a bill that created Nevada's statutory scheme for addressing elder abuse, neglect, and exploitation.”
Steinmeyer (D. Nev. 2025).
“Plaintiff’s 17 cause of action—abuse of a vulnerable person under NRS § 200.5092—is improper 18 because Plaintiff cites to a criminal law that provides Plaintiff no private cause of action 19 and Plaintiff has cited to no legal authority stating otherwise.”
Rasmussen (Ivy) v. State C/W 68234 (Nev. 2018).
“0832(1)(b); NRS 200.5092; NRS 200.5099. While appellants assert that their actions did not constitute criminal conduct, this theory was presented to the jury.”
Rasmussen (Ivy) v. State C/W 68234 (Nev. 2018).
“0832(1)(b); NRS 200.5092; NRS 200.5099. While appellants assert that their actions did not constitute criminal conduct, this theory was presented to the jury.”
Robinson (maurice) v. State (Crim.), 142 Nev. Adv. Op. No. 37 (Nev. 2026).
“5099 and NRS 200.5092), we held that the error was not clear and declined to reverse the conviction on this ground.”
— Nev. Rev. Stat. § 200.5092(4)(a) — 1 case
Vallery v. State, 46 P.3d 66 (Nev. 2002).
“5099, is defined in NRS 200.5092: 'T. “Abuse” means willful and unjustified: (a) Infliction of pain, injury or mental anguish on an older person; or (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older…”
— Nev. Rev. Stat. § 200.5092(5) — 2 cases
Robinson (maurice) v. State (Crim.), 142 Nev. Adv. Op. No. 37 (Nev. 2026).
“5099 and NRS 200.5092), we held that the error was not clear and declined to reverse the conviction on this ground.”
Logan (Yvonne) v. State (Nev. 2013).
“5092(2) is unconstitutionally vague because "normal influence" of one family member over another is not sufficiently defined in the context of "undue influence" for the purposes of establishing exploitation and (2) if NRS 200.5092(2) is determined to be constitutional, whether…”
— Nev. Rev. Stat. § 200.5092(8) — 1 case
Steinmeyer (D. Nev. 2025).
“Plaintiff’s 17 cause of action—abuse of a vulnerable person under NRS § 200.5092—is improper 18 because Plaintiff cites to a criminal law that provides Plaintiff no private cause of action 19 and Plaintiff has cited to no legal authority stating otherwise.”
— Nev. Rev. Stat. § 200.5092(8)(b) — 1 case
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