NRS
41.690 Cause of action for damages resulting from criminal violation if
perpetrator was motivated by certain characteristics of victim.
1. A person who has suffered injury as the
proximate result of the willful violation of the provisions of NRS 200.030, 200.050, 200.280,
200.310, 200.366, 200.380,
200.400, 200.460, 200.463,
200.4631, 200.464, 200.465,
200.467, 200.468, 200.471,
200.481, 200.508, 200.5099,
200.571, 200.575, 202.448,
203.010, 203.020, 203.030,
203.060, 203.080, 203.090,
203.100, 203.110, 203.119,
205.010 to 205.025, inclusive, 205.060, 205.067,
205.075, 205.0832, 205.220, 205.226,
205.228, 205.240, 205.270,
205.2715, 205.274, 205.2741,
206.010, 206.040, 206.125,
206.140, 206.150, 206.200,
206.310, 206.330, 207.180,
207.190, 207.200, 207.210
or 392.915 by a perpetrator who was
motivated by the injured person’s actual or perceived race, color, religion,
national origin, physical or mental disability, sexual orientation or gender
identity or expression may bring an action for the recovery of his or her
actual damages and any punitive damages which the facts may warrant. If the
person who has suffered injury prevails in an action brought pursuant to this
subsection, the court shall award the person costs and reasonable attorney’s
fees.
2. The liability imposed by this section
is in addition to any other liability imposed by law.
(Added to NRS by 1995,
2706; A 2005,
89; 2007,
1269; 2013,
65, 1855;
2021,
1531)
LIABILITY OF PERSONS WHO FURNISH OR ALLOW USE OF CONTROLLED
SUBSTANCE
Notes of Decisions
State of West Virginia v. Steward Butler, 799 S.E.2d 718 (W. Va. 2017).
“265, § 39 ; Nev. Rev. Stat. § 41.690 . . Our research also failed to reveal any reported decision where a court found the term "gender” to include "sexual orientation” in those three states with hate crime laws that list “gender” but not "sexual orientation.”
Hanna v. K-Kel, Inc., No. 2:21-cv-00639 (D. Nev. Jan. 20, 2022).
· cites it 39× “See Nev. Rev. Stat. § 41.690 (West). 22 K-Kel opposes Plaintiff’s motion to amend, arguing that the proposed claims are futile for 23 two primary reasons.”
Barnett v. Clark Cnty. Sch. Dist., No. 2:21-cv-00218 (D. Nev. Sept. 14, 2023).
· cites it 3× “NRS § 41.690 4 The plaintiffs brought this claim against Butuyan and Escamilla (but not CCSD).”
Bahrampour v. Lombardo, No. 2:19-cv-01524 (D. Nev. Sept. 9, 2019).
“021, which defines “personal property,” is void for vagueness, and (6)(b) NRS 41.690, which 24 defines crimes “motivated by hated or bias,” violates Bahrampour’s free speech rights protected 25 by the First Amendment; (8) the use of “acoustic psycho-correction via bone…”
Guillen v. B.J.C.R., L.L.C., No. 3:20-cv-00317 (D. Nev. Mar. 31, 2022).
“§ 1981 , as well as state law claims of assault, 9 battery, false imprisonment, intentional infliction of emotional distress, negligent infliction of 10 emotional distress, negligent training, supervision and retention, tortious constructive discharge, 11 aiding and abetting and…”
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