NRS
453.401 Penalties for conspiracy.
1. Except as otherwise provided in
subsections 3 and 4, if two or more persons conspire to commit an offense which
is a felony under the Uniform Controlled Substances Act or conspire to defraud
the State of Nevada or an agency of the State in connection with its
enforcement of the Uniform Controlled Substances Act, and one of the
conspirators does an act in furtherance of the conspiracy, each conspirator:
(a) For a first offense, is guilty of a category
C felony and shall be punished as provided in NRS
193.130.
(b) For a second offense, or if, in the case of a
first conviction of violating this subsection, the conspirator has previously
been convicted of a felony under the Uniform Controlled Substances Act or of an
offense under the laws of the United States or of any state, territory or
district which if committed in this State, would amount to a felony under the
Uniform Controlled Substances Act, is guilty of a category B felony and shall
be punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 10 years, and may be further punished
by a fine of not more than $10,000.
(c) For a third or subsequent offense, or if the
conspirator has previously been convicted two or more times of a felony under
the Uniform Controlled Substances Act or of an offense under the laws of the
United States or any state, territory or district which, if committed in this
State, would amount to a felony under the Uniform Controlled Substances Act, is
guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 3 years and a maximum term of
not more than 15 years, and may be further punished by a fine of not more than
$20,000 for each offense.
2. Except as otherwise provided in
subsection 3, if two or more persons conspire to commit an offense in violation
of the Uniform Controlled Substances Act and the offense does not constitute a
felony, and one of the conspirators does an act in furtherance of the
conspiracy, each conspirator shall be punished by imprisonment, or by
imprisonment and fine, for not more than the maximum punishment provided for
the offense which they conspired to commit.
3. If two or more persons conspire to
possess more than 1 ounce of marijuana unlawfully, except for the purpose of
sale, and one of the conspirators does an act in furtherance of the conspiracy,
each conspirator is guilty of a gross misdemeanor.
4. If the conspiracy subjects the
conspirators to criminal liability under NRS
207.400, the persons so conspiring shall be punished in the manner provided
in NRS 207.400.
5. The court shall not grant probation to
or suspend the sentence of a person convicted of violating this section and
punishable pursuant to paragraph (b) or (c) of subsection 1.
6. As used in this section, “marijuana”
does not include concentrated cannabis.
(Added to NRS by 1971,
2023; A 1973,
1217; 1977,
153, 1415;
1983,
1502; 1995,
1289; 2001,
3069; 2015,
3090)
Notes of Decisions
Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005).
“350 (manufacture, importation, or possession of a dangerous weapon or carrying a concealed weapon without a permit); NRS 453.”
Sheriff v. Shade, 858 P.2d 840 (Nev. 1993).
· cites it 2× “336, one count of conspiracy to sell a controlled substance (heroin) in violation of NRS 453.401, one count of possession of a controlled substance (cocaine) in violation of NRS 453.”
Golden v. State, 596 P.2d 495 (Nev. 1979).
“336; NRS 453.401). Prior to trial, he brought a motion to suppress evidence, which was denied by the district court.”
Young v. Sheriff, 551 P.2d 425 (Nev. 1976).
“NRS 453.401(5). The offense is punishable as a felony under NRS 453.”
David v. Warden, 671 P.2d 634 (Nev. 1983).
“191 1 and NRS 453.401. On March 23, 1981, David appeared before a judge of the Eighth Judicial District Court to enter a guilty plea.”
Ursino v. Sheriff, Washoe Cnty., 537 P.2d 316 (Nev. 1975).
“Both appellants with conspiring to sell a controlled substance on January 29, 1975 (NRS 453.401 and 453.321).”
Myers v. Sheriff, 576 P.2d 273 (Nev. 1978).
“In order to constitute the charged offense, NRS 453.401(1) requires that *121 there be an overt act in furtherance of the conspiracy.”
Geddes v. State, 526 P.2d 1180 (Nev. 1974).
· cites it 3× “OPINION Per Curiam: In Count II of the Information against him, appellant was accused of offending NRS 453.401 (3) by inducing a minor to violate provisions of the Uniform Controlled Substances Act.”
Young (Frazier) v. State (Nev. 2019).
“•See NRS 453.401 (designating the penalties for conspiracy under the Uniform Controlled Substances Act); NRS 193.”
Robbins (Melissa) v. State (Nev. 2014).
“We conclude that a rational juror could reasonably infer from this evidence that Robbins committed an unlawful act relating to the distribution of certain controlled substances, conspired to violate the uniform controlled substance act, and committed forgery.”
Johnson (Michael) v. State (Nev. 2014).
“130(2)(c); NRS 453.401(1)(a), and Johnson does not allege that those statutes are unconstitutional.”
Richard (Cris) v. State (Nev. 2014).
“We conclude that a rational juror could infer from these circumstances that Richard committed the crimes charged.”
— Nev. Rev. Stat. § 453.401(1) — 4 cases
Myers v. Sheriff, 576 P.2d 273 (Nev. 1978).
“In order to constitute the charged offense, NRS 453.401(1) requires that *121 there be an overt act in furtherance of the conspiracy.”
Robbins (Melissa) v. State (Nev. 2014).
“We conclude that a rational juror could reasonably infer from this evidence that Robbins committed an unlawful act relating to the distribution of certain controlled substances, conspired to violate the uniform controlled substance act, and committed forgery.”
Richard (Cris) v. State (Nev. 2014).
“We conclude that a rational juror could infer from these circumstances that Richard committed the crimes charged.”
— Nev. Rev. Stat. § 453.401(1)(a) — 1 case
Johnson (Michael) v. State (Nev. 2014).
“130(2)(c); NRS 453.401(1)(a), and Johnson does not allege that those statutes are unconstitutional.”
— Nev. Rev. Stat. § 453.401(2) — 1 case
— Nev. Rev. Stat. § 453.401(3) — 1 case
Geddes v. State, 526 P.2d 1180 (Nev. 1974).
“OPINION Per Curiam: In Count II of the Information against him, appellant was accused of offending NRS 453.401 (3) by inducing a minor to violate provisions of the Uniform Controlled Substances Act.”
— Nev. Rev. Stat. § 453.401(5) — 1 case
Young v. Sheriff, 551 P.2d 425 (Nev. 1976).
“NRS 453.401(5). The offense is punishable as a felony under NRS 453.”
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