NRS
212.090 Penalties for prisoner who escapes. A
prisoner confined in a prison, or being in the lawful custody of an officer or
other person, who escapes or attempts to escape from prison or custody, if the
prisoner is held on a charge, conviction or sentence of:
1. A felony, shall be punished:
(a) Where a dangerous weapon is used or one or
more hostages are taken to facilitate the escape or attempted escape, or
substantial bodily harm results to anyone as a direct result of the escape or
attempted escape, 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, and may be further punished by a fine of not more than $20,000. The
sentence imposed pursuant to this paragraph must run consecutively after any
sentence imposed for the original felony, and is not subject to suspension or
the granting of probation.
(b) Where none of the aggravating factors
specified in paragraph (a) are present, for a category B felony by imprisonment
in the state prison for a minimum term of not less than 1 year and a maximum
term of not more than 10 years, and may be further punished by a fine of not
more than $10,000.
2. A gross misdemeanor or misdemeanor,
shall be punished:
(a) Where a dangerous weapon is used to
facilitate the escape or attempted escape, for a category B felony 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, and may be further punished by a fine
of not more than $5,000.
(b) Where no dangerous weapon is used, for a
gross misdemeanor.
[1911 C&P § 74; A 1955,
191]—(NRS A 1967,
524; 1973,
67; 1979,
1456; 1995,
1255)
Notes of Decisions
Paul Browning v. Renee Baker, 875 F.3d 444 (9th Cir. 2017).
“But even assuming he means to challenge that conviction, he has identified no exculpatory evidence withheld that would have affected the jury’s decision to convict him of escape under Nev. Rev. Stat. § 212.090 . And while Pike’s investigation into Browning’s case was deficient,…”
Browning v. State, 91 P.3d 39 (Nev. 2004).
“NRS 212.090 states that a prisoner is guilty of felony escape if he is “confined in a prison, or .”
Campbell v. Griffin in & for Carson City, 710 P.2d 70 (Nev. 1985).
· cites it 2× “OPINION Per Curiam: 1 Petitioner William Campbell seeks a writ of prohibition or, alternatively, a writ of mandamus, precluding the respondent district court from proceeding against him in a criminal prosecu *720 tion for one count of escape from the Nevada State Prison, a…”
State v. Javier C., 289 P.3d 1194 (Nev. 2012).
“400(1), which provides that “[a] child shall be deemed to be a prisoner who has escaped or attempted to escape from lawful custody in violation of NRS 212.090” (which makes escape by an adult prisoner a crime) if, having been “committed to or otherwise .”
McKenna v. State, 647 P.2d 865 (Nev. 1982).
· cites it 3× “Every prisoner confined in a prison or being in the lawful custody of an officer or other person, who escapes or attempts to escape from such prison or custody, if he is held on a charge, conviction or sentence of: 1.”
Bushnell v. State, 637 P.2d 529 (Nev. 1981).
“On December 5, 1979, a complaint was brought by the attorney general alleging attempted escape, NRS 212.090. Appellants appeared before the justice court magistrate on December 5, 1979.”
Jorgensen v. State, 688 P.2d 308 (Nev. 1984).
“OPINION Per Curiam: William Gene Jorgensen appeals from a judgment of conviction of escape from prison custody, NRS 212.090. We hold that both of his assignments of error are without merit, and affirm.”
Halbower v. State, 606 P.2d 536 (Nev. 1980).
“*211 OPINION Per Curiam: In 1977 Rodney Halbower was convicted of escape from prison, a felony under NRS 212.090. He was also adjudged to be an habitual criminal with five prior felony convictions and, pursuant to NRS 207.”
Stuart v. State, 587 P.2d 33 (Nev. 1978).
“336) and escape from lawful custody (NRS 212.090). His sole contention in this appeal is that the district court erred by denying his motion to suppress evidence of the contraband.”
Carbonneau v. Warden of the Nevada State Prison, 659 P.2d 875 (Nev. 1983).
“A hearing was held on December 29 and Carbonneau was found “guilty” and “sentenced” to fifteen days punitive detention with credit being given for the fifteen days served.”
Kershaw v. State, 564 P.2d 607 (Nev. 1977).
· cites it 2× “In exchange for this agreement, Kershaw entered a solemn plea of guilty to a charge of having escaped from prison, a violation of NRS 212.090. 1 He was sentenced to a five year term, to run consecutively with sentences previously imposed for felony convictions in Arizona and in…”
Forbes v. State, 604 P.2d 799 (Nev. 1980).
“Later that same night he was re-arrested and charged with escape (NRS 212.090). Thereafter, appellant pled guilty to the sexual assault charge and was sentenced to 20 years in the Nevada State Prison.”
Nev. Rev. Stat. § 212.090(1): 1 case
McKenna v. State, 647 P.2d 865 (Nev. 1982).
“Every prisoner confined in a prison or being in the lawful custody of an officer or other person, who escapes or attempts to escape from such prison or custody, if he is held on a charge, conviction or sentence of: 1.”
Nev. Rev. Stat. § 212.090(1)(a): 1 case
McKenna v. State, 647 P.2d 865 (Nev. 1982).
“Every prisoner confined in a prison or being in the lawful custody of an officer or other person, who escapes or attempts to escape from such prison or custody, if he is held on a charge, conviction or sentence of: 1.”
Nev. Rev. Stat. § 212.090(l)(a): 1 case
McKenna v. State, 647 P.2d 865 (Nev. 1982).
“Every prisoner confined in a prison or being in the lawful custody of an officer or other person, who escapes or attempts to escape from such prison or custody, if he is held on a charge, conviction or sentence of: 1.”
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