Nevada Revised Statutes

Nev. Rev. Stat. § 41.0334 (2026)

Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions

✓ current as of July 2026
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NRS 41.0334  Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions.

      1.  Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 202.584, 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 206.335, 207.210, 331.200 or 393.410 at the time of the injury, wrongful death or damage was caused.

      2.  Subsection 1 does not apply to any action for injury, wrongful death or other damage:

      (a) Intentionally caused or contributed to by an officer or employee of the State or any of its agencies or political subdivisions; or

      (b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the Constitution of the State of Nevada.

      3.  As used in this section:

      (a) “Public building” includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and

      (b) “Public vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,

Ê owned, in whole or in part, possessed, used by or leased to the State or any of its agencies or political subdivisions.

      (Added to NRS by 1987, 94, 95; A 1995, 738; 1997, 346; 2007, 2299; 2009, 23; 2025, 2242)

     

Notes of Decisions
Cited in 3 cases, 1997–2007 · leading case: Roe v. Nevada, 621 F. Supp. 2d 1039 (D. Nev. 2007).
Roe v. Nevada, 621 F. Supp. 2d 1039 (D. Nev. 2007). · cites it 3× “[11] Plaintiffs counter that LiSanti’s alleged intentional acts and violations of Plaintiffs’ Fourth Amendment violations are actionable under Nev.Rev.Stat. § 41.0334(2), wherein Nevada waives immunity for “any action for injury, wrongful death or other damage: (a)…”
State, Dep't of Human Resources, Div. of Mental Hygiene & Mental Retardation v. Jimenez, 935 P.2d 274 (Nev. 1997). · cites it 3× “0334(2)(a) states that the immunity granted to the State in NRS 41.0334(1) 2 will not apply to any action for injury “intentionally caused” by a State employee.”
State, Dep't Hum Res. v. Jimenez, 935 P.2d 274 (Nev. 1997). · cites it 3× “0334(2)(a) states that the immunity granted to the State in NRS 41.0334(1) [2] will not apply to any action for injury "intentionally caused" by a State employee.”
— Nev. Rev. Stat. § 41.0334(1) — 2 cases
State, Dep't of Human Resources, Div. of Mental Hygiene & Mental Retardation v. Jimenez, 935 P.2d 274 (Nev. 1997). “0334(2)(a) states that the immunity granted to the State in NRS 41.0334(1) 2 will not apply to any action for injury “intentionally caused” by a State employee.”
State, Dep't Hum Res. v. Jimenez, 935 P.2d 274 (Nev. 1997). “0334(2)(a) states that the immunity granted to the State in NRS 41.0334(1) [2] will not apply to any action for injury "intentionally caused" by a State employee.”
— Nev. Rev. Stat. § 41.0334(2) — 1 case
Roe v. Nevada, 621 F. Supp. 2d 1039 (D. Nev. 2007). “[11] Plaintiffs counter that LiSanti’s alleged intentional acts and violations of Plaintiffs’ Fourth Amendment violations are actionable under Nev.Rev.Stat. § 41.0334(2), wherein Nevada waives immunity for “any action for injury, wrongful death or other damage: (a)…”
— Nev. Rev. Stat. § 41.0334(2)(a) — 2 cases
State, Dep't of Human Resources, Div. of Mental Hygiene & Mental Retardation v. Jimenez, 935 P.2d 274 (Nev. 1997). “0334(2)(a) states that the immunity granted to the State in NRS 41.0334(1) 2 will not apply to any action for injury “intentionally caused” by a State employee.”
State, Dep't Hum Res. v. Jimenez, 935 P.2d 274 (Nev. 1997). “0334(2)(a) states that the immunity granted to the State in NRS 41.0334(1) [2] will not apply to any action for injury "intentionally caused" by a State employee.”
— Nev. Rev. Stat. § 41.0334(2)(b) — 1 case
Roe v. Nevada, 621 F. Supp. 2d 1039 (D. Nev. 2007). “[11] Plaintiffs counter that LiSanti’s alleged intentional acts and violations of Plaintiffs’ Fourth Amendment violations are actionable under Nev.Rev.Stat. § 41.0334(2), wherein Nevada waives immunity for “any action for injury, wrongful death or other damage: (a)…”
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