NRS
465.088 Penalties for violation of NRS 465.070 to 465.086,
inclusive.
1. A person who violates any provision of NRS 465.070 to 465.086, inclusive:
(a) For the first offense, is guilty of a
category C felony and shall be punished as provided in NRS 193.130. The court shall also order any
profits, gain, gross receipts or other benefit from the violation to be
disgorged and paid to the State Treasurer for deposit in the State General
Fund.
(b) For a second or subsequent violation of any
of these provisions, 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 1 year and
a maximum term of not more than 6 years, and may be further punished by a fine
of not more than $10,000. The court shall also order any profits, gain, gross
receipts or other benefit from the violation to be disgorged and paid to the
State Treasurer for deposit in the State General Fund.
2. A person who attempts, or two or more
persons who conspire, to violate any provision of NRS 465.070 to 465.086, inclusive, each is guilty of a
category C felony and shall be punished by imposing the penalty provided in
subsection 1 for the completed crime, whether or not he or she personally
played any gambling game or used any prohibited device.
(Added to NRS by 1981,
1292; A 1985,
970; 1995,
1295; 2015,
2421; 2019,
4477; 2025,
2282)
Notes of Decisions
Cited in
3
cases, 1989–1998 · leading case:
Oade v. State, 960 P.2d 336 (Nev. 1998).
Oade v. State, 960 P.2d 336 (Nev. 1998).
· cites it 2× “070 and NRS 465.088. At trial, Oade argued that he was intoxicated the morning of the incident and that this caused him to make mistakes while he was playing blackjack.”
Lyons v. State, 775 P.2d 219 (Nev. 1989).
· cites it 2× “010(2); NRS 465.088(1)(b). In return for pleading guilty to the false pretense offense, the State of Nevada dropped the cheating and habitual criminal charge.”
State v. Wilcox, 776 P.2d 549 (Nev. 1989).
“See NRS 465.088(2) (a person may be punished for conspiracy to cheat at gambling whether or not he personally played any gambling game or used any prohibited device).”
— Nev. Rev. Stat. § 465.088(1)(b) — 1 case
Lyons v. State, 775 P.2d 219 (Nev. 1989).
“010(2); NRS 465.088(1)(b). In return for pleading guilty to the false pretense offense, the State of Nevada dropped the cheating and habitual criminal charge.”
— Nev. Rev. Stat. § 465.088(2) — 1 case
State v. Wilcox, 776 P.2d 549 (Nev. 1989).
“See NRS 465.088(2) (a person may be punished for conspiracy to cheat at gambling whether or not he personally played any gambling game or used any prohibited device).”
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