Nev. Rev. Stat. » NRS: CHAPTER 62B - GENERAL ADMINISTRATION

Nev. Rev. Stat. § 62B.330

Child alleged or adjudicated to have committed delinquent act; acts deemed not to be delinquent

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NRS 62B.330  Child alleged or adjudicated to have committed delinquent act; acts deemed not to be delinquent.

      1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

      2.  For the purposes of this section, a child commits a delinquent act if the child:

      (a) Violates a county or municipal ordinance other than those:

             (1) Specified in paragraph (f) or (g) of subsection 1 of NRS 62B.320;

             (2) Concerning an offense related to tobacco; or

             (3) Relating to the consumption or possession of alcohol or the possession of 1 ounce or less of marijuana that are punishable pursuant to paragraph (a) of subsection 1 of NRS 62E.173.

      (b) Violates any rule or regulation having the force of law; or

      (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

      3.  For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:

      (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense, if the person was 16 years of age or older when the murder or attempted murder was committed.

      (b) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

             (1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

             (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

      (c) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

             (1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or

             (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

      (d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

      (Added to NRS by 2003, 1029; A 2009, 50; 2013, 713, 1527, 2901; 2021, 854, 3420)

     

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 2006–2022 · leading case: State v. Barren
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State v. Barren (2012) nev · cites it 20× “330(3)(e)(2) did not constitute an ex post facto violation because based on Barren’s age, ‘ ‘he would not have been subject to juvenile court jurisdiction [even] prior to the [2009 amendment to NRS 62B.330].” “As a result, jurisdiction would have defaulted to the adult trial…”
George J. v. State (2012) nev · cites it 20× “Conversely, the State argued that NRS 62B.330 governed this case and thereby divested the juvenile court of jurisdiction.”
Graham v. Florida (2010) scotus “§§ 28-105 , 28-416(8)(a), 29-2204(1), (3), 43-247, 43-276 (2008) Nevada Nev. Rev. Stat. §§ 62B.330, 200.366 (2009) New Hampshire N.”
Ford v. State (2006) nev · cites it 2× “Relying upon NRS 62B.330 and NRS 62C.010, Ford claims parental notification is required when a juvenile is taken into custody prior to being interviewed in connection with a murder.”
REPUBLICAN ATTORNEYS GEN. ASS'N VS. LAS VEGAS METRO. POLICE DEP'T (2020) nev · cites it 2× “Indeed, NRS 62B.330(1) explicitly provides that "the juvenile court has exclusive original jurisdiction over a child .”
State v. Javier C. (2012) nev “See NRS 62B.330(2)(c). The public drunkenness that landed Robinson in jail, by contrast, does not by law have “any criminal implication.”
Graham v. Florida (2010) scotus · cites it 2× “§§28–105, 28–416(8)(a), 29–2204(1), (3), 43–247, 43–276 (2008) Nevada Nev. Rev. Stat. §§62B.330, 200.366 (2009) New Hampshire N.”
William M. v. State (2008) nev “FACTS AND PROCEDURAL HISTORY When children under the age of 18 are charged with committing delinquent acts, the juvenile division of the district court retains jurisdiction over them unless the delinquent act is specifically excluded from juvenile jurisdiction under NRS…”
Zalyaul v. State (2022) nev · cites it 6× “Zalyaul argues that the juvenile court had exclusive jurisdiction over his alleged delinquent acts pursuant to NRS 62B.330 but was divested of jurisdiction once he turned 21.”
Uribe v. Baca (2021) nvd · cites it 16× “§ 62B.330 is a jurisdictional statute. State v.”
In Re: K. H., a Minor (2016) nev · cites it 5× “330(2)(b), however, "rule or regulation" refers to standards and orders that apply uniformly and not to conditions specifically imposed on an individual, such as a 1 NRS 62B.330(2) provides for two other delinquent acts, the violation of "a county or municipal ordinance" and the…”
in Re: Jamar M., a Minor (2013) nev · cites it 7× “See NRS 62B.330(1) ("[T]he juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.”
Show all 22 citing cases →
— Nev. Rev. Stat. § 62B.330(1) — 7 cases
State v. Barren (2012) nev “330(3)(e)(2) did not constitute an ex post facto violation because based on Barren’s age, ‘ ‘he would not have been subject to juvenile court jurisdiction [even] prior to the [2009 amendment to NRS 62B.330].” “As a result, jurisdiction would have defaulted to the adult trial…”
REPUBLICAN ATTORNEYS GEN. ASS'N VS. LAS VEGAS METRO. POLICE DEP'T (2020) nev “Indeed, NRS 62B.330(1) explicitly provides that "the juvenile court has exclusive original jurisdiction over a child .”
George J. v. State (2012) nev “Conversely, the State argued that NRS 62B.330 governed this case and thereby divested the juvenile court of jurisdiction.”
Zalyaul v. State (2022) nev “Zalyaul argues that the juvenile court had exclusive jurisdiction over his alleged delinquent acts pursuant to NRS 62B.330 but was divested of jurisdiction once he turned 21.”
BARBER (JAQUEZ) VS. STATE (2015) nev
— Nev. Rev. Stat. § 62B.330(2) — 1 case
In Re: K. H., a Minor (2016) nev “330(2)(b), however, "rule or regulation" refers to standards and orders that apply uniformly and not to conditions specifically imposed on an individual, such as a 1 NRS 62B.330(2) provides for two other delinquent acts, the violation of "a county or municipal ordinance" and the…”
— Nev. Rev. Stat. § 62B.330(2)(a) — 1 case
In Re: K. H., a Minor (2016) nev “330(2)(b), however, "rule or regulation" refers to standards and orders that apply uniformly and not to conditions specifically imposed on an individual, such as a 1 NRS 62B.330(2) provides for two other delinquent acts, the violation of "a county or municipal ordinance" and the…”
— Nev. Rev. Stat. § 62B.330(2)(b) — 1 case
In Re: K. H., a Minor (2016) nev “330(2)(b), however, "rule or regulation" refers to standards and orders that apply uniformly and not to conditions specifically imposed on an individual, such as a 1 NRS 62B.330(2) provides for two other delinquent acts, the violation of "a county or municipal ordinance" and the…”
— Nev. Rev. Stat. § 62B.330(2)(c) — 4 cases
State v. Javier C. (2012) nev “See NRS 62B.330(2)(c). The public drunkenness that landed Robinson in jail, by contrast, does not by law have “any criminal implication.”
Zalyaul v. State (2022) nev “Zalyaul argues that the juvenile court had exclusive jurisdiction over his alleged delinquent acts pursuant to NRS 62B.330 but was divested of jurisdiction once he turned 21.”
Elizondo (Damian) v. State (2014) nev
Goode (Amaan) v. State (2014) nev
— Nev. Rev. Stat. § 62B.330(3) — 5 cases
George J. v. State (2012) nev “Conversely, the State argued that NRS 62B.330 governed this case and thereby divested the juvenile court of jurisdiction.”
State v. Barren (2012) nev “330(3)(e)(2) did not constitute an ex post facto violation because based on Barren’s age, ‘ ‘he would not have been subject to juvenile court jurisdiction [even] prior to the [2009 amendment to NRS 62B.330].” “As a result, jurisdiction would have defaulted to the adult trial…”
William M. v. State (2008) nev “FACTS AND PROCEDURAL HISTORY When children under the age of 18 are charged with committing delinquent acts, the juvenile division of the district court retains jurisdiction over them unless the delinquent act is specifically excluded from juvenile jurisdiction under NRS…”
Uribe v. Baca (2021) nvd “§ 62B.330 is a jurisdictional statute. State v.”
Zalyaul v. State (2022) nev “Zalyaul argues that the juvenile court had exclusive jurisdiction over his alleged delinquent acts pursuant to NRS 62B.330 but was divested of jurisdiction once he turned 21.”
— Nev. Rev. Stat. § 62B.330(3)(a) — 7 cases
George J. v. State (2012) nev “Conversely, the State argued that NRS 62B.330 governed this case and thereby divested the juvenile court of jurisdiction.”
Uribe v. Baca (2021) nvd “§ 62B.330 is a jurisdictional statute. State v.”
McKinnon (Ayden) v. Dist. Ct. (State) (2015) nev
McKinnon (Ayden) v. State (2018) nev
Urias-Quintana (Francisco) v. State (2018) nev
— Nev. Rev. Stat. § 62B.330(3)(e) — 1 case
State v. Barren (2012) nev “330(3)(e)(2) did not constitute an ex post facto violation because based on Barren’s age, ‘ ‘he would not have been subject to juvenile court jurisdiction [even] prior to the [2009 amendment to NRS 62B.330].” “As a result, jurisdiction would have defaulted to the adult trial…”
— Nev. Rev. Stat. § 62B.330(3)(e)(1) — 1 case
in Re: Jamar M., a Minor (2013) nev “See NRS 62B.330(1) ("[T]he juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.”
— Nev. Rev. Stat. § 62B.330(3)(e)(2) — 1 case
State v. Barren (2012) nev “330(3)(e)(2) did not constitute an ex post facto violation because based on Barren’s age, ‘ ‘he would not have been subject to juvenile court jurisdiction [even] prior to the [2009 amendment to NRS 62B.330].” “As a result, jurisdiction would have defaulted to the adult trial…”
— Nev. Rev. Stat. § 62B.330(3)(e)(l) — 1 case
George J. v. State (2012) nev “Conversely, the State argued that NRS 62B.330 governed this case and thereby divested the juvenile court of jurisdiction.”
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