Nevada Revised Statutes

Nev. Rev. Stat. § 241.040 (2026)

Criminal and civil penalties; members attending meeting in violation of chapter not accomplices; reliance on legal advice

✓ current as of July 2026
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NRS 241.040  Criminal and civil penalties; members attending meeting in violation of chapter not accomplices; reliance on legal advice.

      1.  Except as otherwise provided in subsection 6, each member of a public body who attends a meeting of that public body where any violation of this chapter occurs, has knowledge of the violation and participates in the violation, is guilty of a misdemeanor.

      2.  Except as otherwise provided in subsection 6, wrongful exclusion of any person or persons from a meeting is a misdemeanor.

      3.  A member of a public body who attends a meeting of that public body at which a violation of this chapter occurs is not the accomplice of any other member so attending.

      4.  Except as otherwise provided in subsection 6, in addition to any criminal penalty imposed pursuant to this section, each member of a public body who attends a meeting of that public body where any violation of this chapter occurs and who participates in such violation with knowledge of the violation, is subject to an administrative fine in an amount not to exceed:

      (a) For a first offense, $500;

      (b) For a second offense, $1,000; and

      (c) For a third or subsequent offense, $2,500.

      5.  The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the fine is assessed.

      6.  No criminal penalty or administrative fine may be imposed upon a member of a public body pursuant to this section if a member of a public body violates a provision of this chapter as a result of legal advice provided by an attorney employed or retained by the public body.

      (Added to NRS by 1960, 26; A 1977, 1100; 1983, 1013; 2011, 2390; 2019, 3628)

Notes of Decisions
Cited in 3 cases, 1981–2008 · leading case: Stockmeier v. Nevada Dep't of Corr. Psychological Review Panel, 135 P.3d 220 (Nev. 2006).
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Stockmeier v. Nevada Dep't of Corr. Psychological Review Panel, 135 P.3d 220 (Nev. 2006). · cites it 2× “1 Stockmeier also asserts that a conflict of interest exists because the Attorney General is defending the Psych Panel in this case but is also required to assist Stockmeier in his lawsuit under NRS 241.”
Attorney Gen. v. Nevada Tax Comm'n, 181 P.3d 675 (Nev. 2008). “11 NRS 241.040(4) (“The attorney general shall investigate and prosecute any violation of this chapter.”
Ybarra v. Nevada Bd. of State Prison Commissioners, 520 F. Supp. 1000 (D. Nev. 1981). “See NRS 241.040. As to the plaintiff’s argument that new Procedure no.”
— Nev. Rev. Stat. § 241.040(4) — 2 cases
Stockmeier v. Nevada Dep't of Corr. Psychological Review Panel, 135 P.3d 220 (Nev. 2006). “1 Stockmeier also asserts that a conflict of interest exists because the Attorney General is defending the Psych Panel in this case but is also required to assist Stockmeier in his lawsuit under NRS 241.”
Attorney Gen. v. Nevada Tax Comm'n, 181 P.3d 675 (Nev. 2008). “11 NRS 241.040(4) (“The attorney general shall investigate and prosecute any violation of this chapter.”
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