NRS
212.093 Manufacture or possession by prisoner of items adapted, designed
or commonly used to escape prohibited; penalty; exception.
1. Except as otherwise provided in
subsection 4, a prisoner who is in lawful custody or confinement, other than
residential confinement, shall not knowingly manufacture, possess or have in
his or her custody or control any key, picklock, bolt cutters, wire cutters,
saw, digging tool, rope, ladder, hook or any other tool or item adapted,
designed or commonly used for the purpose of escaping or attempting to escape
from lawful custody or confinement, whether or not such an escape or attempted
escape actually occurs.
2. A prisoner who violates any provision
of subsection 1 and who is in lawful custody or confinement for a charge,
conviction or sentence for:
(a) A felony, shall be punished 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) A gross misdemeanor or misdemeanor, shall be
punished for a gross misdemeanor.
3. A sentence imposed upon a prisoner pursuant
to this section:
(a) Is not subject to suspension or the granting
of probation; and
(b) Must run consecutively after the prisoner has
served any sentences imposed upon the prisoner for the offense or offenses for
which the prisoner was in lawful custody or confinement when the prisoner
violated the provisions of subsection 1.
4. The provisions of this section do not
apply to a prisoner who commits an act described in subsection 1 if the act is
authorized by the warden, sheriff, administrator or other person responsible
for administering the prison, or his or her designee, and the prisoner performs
the act in accordance with the directions or instructions given to the prisoner
by that person.
(Added to NRS by 2003,
1184)
Notes of Decisions
Sheriff, Pershing Cnty. v. Andrews, 286 P.3d 262 (Nev. 2012).
· cites it 19× “The State charged Andrews under NRS 212.093(1), which, in pertinent part, prohibits prisoners, including county jail inmates, from possessing “any key, picklock, bolt cutters, wire cutters, saw, digging tool, rope, ladder, hook or any other tool or item adapted, designed or…”
Mcneill (steve) Vs. State, 2016 NV 54 (Nev. 2016).
· cites it 4× “3d 262, 264 (2012) (concluding that because NRS 212.093(1) does not specifically prohibit county jail inmates from possessing cell phones, the plain and unambiguous language did not proscribe the conduct).”
Mcneill (steve) Vs. State, 2016 NV 54 (Nev. 2016).
“3d 262, 264 (2012) (concluding that because NRS 212.093(1) does not specifically prohibit county jail inmates from possessing cell phones, the plain and unambiguous language did not proscribe the conduct).”
— Nev. Rev. Stat. § 212.093(1) — 3 cases
Sheriff, Pershing Cnty. v. Andrews, 286 P.3d 262 (Nev. 2012).
“The State charged Andrews under NRS 212.093(1), which, in pertinent part, prohibits prisoners, including county jail inmates, from possessing “any key, picklock, bolt cutters, wire cutters, saw, digging tool, rope, ladder, hook or any other tool or item adapted, designed or…”
Mcneill (steve) Vs. State, 2016 NV 54 (Nev. 2016).
“3d 262, 264 (2012) (concluding that because NRS 212.093(1) does not specifically prohibit county jail inmates from possessing cell phones, the plain and unambiguous language did not proscribe the conduct).”
Mcneill (steve) Vs. State, 2016 NV 54 (Nev. 2016).
“3d 262, 264 (2012) (concluding that because NRS 212.093(1) does not specifically prohibit county jail inmates from possessing cell phones, the plain and unambiguous language did not proscribe the conduct).”
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