Nevada Revised Statutes

Nev. Rev. Stat. § 200.5099 (2026)

Penalties

✓ current as of July 2026
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NRS 200.5099  Penalties.

      1.  Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, 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 6 years,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      2.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering, permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering or permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect is guilty:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, 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 6 years,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      3.  Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished:

      (a) For the first offense, if the value of any money, assets and property obtained or used:

             (1) Is less than $650, of either of the following, as determined by the court:

                   (I) A category C felony as provided in NRS 193.130; or

                   (II) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;

             (2) Is at least $650, but less than $5,000, for a category B felony 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, or by a fine of not more than $10,000, or by both fine and imprisonment; or

            (3) Is $5,000 or more, for a category B felony 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, or by a fine of not more than $25,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, regardless of the value of any money, assets and property obtained or used, for a category B felony 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, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

      4.  If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony as provided in NRS 193.130; or

             (2) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, for a category B felony 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, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation.

      5.  Any person who isolates or abandons an older person or a vulnerable person is guilty:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, 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 $5,000,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the isolation or abandonment.

      6.  A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, 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, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      7.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony 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, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      8.  In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.

      9.  As used in this section:

      (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

      (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.

      (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.

      (Added to NRS by 1981, 1336; A 1983, 1652, 1655; 1985, 249; 1995, 1194, 2253; 1997, 110, 1354; 2003, 2567; 2005, 1113; 2011, 159; 2013, 978; 2017, 2529, 2835; 2023, 1403)

     

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2002–2026 · leading case: Vallery v. State, 46 P.3d 66 (Nev. 2002).
Vallery v. State, 46 P.3d 66 (Nev. 2002). · cites it 32× “However, the primary focus of her appeal involves the construction of different versions of NRS 200.5099, Nevada’s older person abuse prevention statute.”
Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005). “350 (manufacture, importation, or possession of a dangerous weapon or carrying a concealed weapon without a permit); NRS 453.”
Smith (sophia) v. State (Nev. 2026). · cites it 11× “585, the 1995 bill, also added the aggregation language into NRS 200.5099, but without any indication as to what the charging unit for exploitation was.”
Robinson (maurice) v. State (Crim.) (Nev. 2026). · cites it 3× “Nevertheless, given the ambiguity of the offense statutes (NRS 200.5099 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). “5092; NRS 200.5099, and appellants have not shown that these statutes are unconstitutional.”
Rasmussen (Ivy) v. State C/W 68234 (Nev. 2018). “5092; NRS 200.5099, and appellants have not shown that these statutes are unconstitutional.”
Bishop (Cadesha) Vs. Dist. Ct. (State) (Nev. 2020). “030(1)(b) when the predicate felony is elder abuse resulting in death under NRS 200.5099(6). We have considered the petition on file and are not satisfied that this court's intervention by way of extraordinary writ is warranted at this time.”
Kravetz v. State of Nevada (D. Nev. 2022). “abuse of an older person 25 or vulnerable person pursuant to NRS 200.5099.” NRS § 200.030(1)(a), (b). 26 3Battery is defined under Nevada law as “any willful and unlawful use of force or 27 violence upon the person of another.”
Gubbine (Sonny) v. State (Nev. 2013). “508(1)(b)(1); NRS 200.5099(1)(a); NRS 205.060(2), and we conclude that the district court did not abuse its discretion at sentencing, see NRS 176.”
— Nev. Rev. Stat. § 200.5099(1)(a) — 1 case
Gubbine (Sonny) v. State (Nev. 2013). “508(1)(b)(1); NRS 200.5099(1)(a); NRS 205.060(2), and we conclude that the district court did not abuse its discretion at sentencing, see NRS 176.”
— Nev. Rev. Stat. § 200.5099(2) — 2 cases
Vallery v. State, 46 P.3d 66 (Nev. 2002). “However, the primary focus of her appeal involves the construction of different versions of NRS 200.5099, Nevada’s older person abuse prevention statute.”
Robinson (maurice) v. State (Crim.) (Nev. 2026). “Nevertheless, given the ambiguity of the offense statutes (NRS 200.5099 and NRS 200.5092), we held that the error was not clear and declined to reverse the conviction on this ground.”
— Nev. Rev. Stat. § 200.5099(3) — 2 cases
Vallery v. State, 46 P.3d 66 (Nev. 2002). “However, the primary focus of her appeal involves the construction of different versions of NRS 200.5099, Nevada’s older person abuse prevention statute.”
Smith (sophia) v. State (Nev. 2026). “585, the 1995 bill, also added the aggregation language into NRS 200.5099, but without any indication as to what the charging unit for exploitation was.”
— Nev. Rev. Stat. § 200.5099(3)(a) — 1 case
Smith (sophia) v. State (Nev. 2026). “585, the 1995 bill, also added the aggregation language into NRS 200.5099, but without any indication as to what the charging unit for exploitation was.”
— Nev. Rev. Stat. § 200.5099(6) — 1 case
Bishop (Cadesha) Vs. Dist. Ct. (State) (Nev. 2020). “030(1)(b) when the predicate felony is elder abuse resulting in death under NRS 200.5099(6). We have considered the petition on file and are not satisfied that this court's intervention by way of extraordinary writ is warranted at this time.”
— Nev. Rev. Stat. § 200.5099(8) — 1 case
Vallery v. State, 46 P.3d 66 (Nev. 2002). “However, the primary focus of her appeal involves the construction of different versions of NRS 200.5099, Nevada’s older person abuse prevention statute.”
— Nev. Rev. Stat. § 200.5099(8)(a) — 1 case
Vallery v. State, 46 P.3d 66 (Nev. 2002). “However, the primary focus of her appeal involves the construction of different versions of NRS 200.5099, Nevada’s older person abuse prevention statute.”
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