When
would a party be disruptive enough to illegally disturb the
peace? (NRS 203.010)
“Every person who shall maliciously and willfully disturb the peace or
quiet of any neighborhood or person or family by loud or unusual noises, tumultuous
and offensive conduct, threatening, traducing (to cause humiliation or disgrace
to by making malicious statements), quarreling, challenging to fight, or fighting
is guilty of a misdemeanor.” In Nevada all misdemeanors are punishable
by up to six months in the county jail and/or a fine of $1,000. (NRS 193.120).
As one can see, the definition of disturbing the peace is fairly broad. At the
very least a police officer at a party could easily make the determination that
disturbing the peace is occurring and break up the party, and possibly make arrests.
In Nevada, one is not entitled to a jury trial when charged with a misdemeanor;
therefore, a defendant has to prove his innocence to a Judge.
What can I do if strangers ‘crash’ my
party?
Any person who, under circumstances not amounting to a burglary,
(a) goes upon the land or into the building of another with
intent to vex or annoy the owner or occupant, or to commit
any unlawful act; or (b) willfully goes or remains upon any
land or in any building after having been warned by the owner
or the occupant thereof not to trespass, is guilty of a misdemeanor.”
So, if the trespasser is annoying the owner or occupant, or
is warned by the owner or the occupant not to trespass then
the owner or occupant can call the police and have the trespasser
removed from the party. The implication is that if the trespasser
is annoying a guest or a guest tells the trespasser to leave,
then the trespasser is not guilty of a trespass.
I am worried about what might happen during
my college fraternity initiation. Are there limits to what
they can do?
Hazing means any activity in which a person
intentionally or recklessly endangers the physical health of
another person for the purpose of initiation into or affiliation
with a student organization, academic association or athletic
team at a high school, college or university in this state;
The term “hazing” includes,
without limitation, any physical brutality or brutal treatment,
including, without limitation, whipping, beating, branding,
forced calisthenics, exposure to the elements or forced consumption
of food, liquor, drugs or other substances.” NRS 200.605
(4)(a)
“Hazing does not include: any athletic, curricular, extracurricular or
quasi-military practice, conditioning or competition that is sponsored or approved
by the high school, college or university.” NRS 200.605 (4)(b)
The key to remember is that to consent to the hazing activity
is not a defense to the charge. NRS 200.605 (2)
The penalties for hazing are (NRS 200.605(1)(a)(b):
No substantial
bodily harm, a misdemeanor – up to six
months in county jail and a $1,000 fine
Resulting in substantial bodily harm – a Gross Misdemeanor – up
to one year in the county jail and a $2,000 fine (NRS 193.140)
The Hazing statute does not preclude the District Attorney’s
office from filing felony Battery charges if the hazing resulted
in a serious injury. All felonies may be punishable by a minimum
in state prison or probation if deemed appropriate. NRS 193.130
Do I need a special license to operate a motorboat?
All operators of vessels powered by a motor over 15 horsepower on interstate
waters and who were born on or after January 1, 1983 must possess a certificate
of completion of a boater education course or proficiency exam (interstate
waters means waters forming the boundary between the State of Nevada and an
adjoining state). The course or the exam must be one that is approved by the
Nevada Department of Wildlife. NRS 488.730
Of course, a person can get a DUI on a boat just as easily as in a car. NRS 484.379.
One is also civilly liable for any damages that one causes through reckless behavior.
Do I need a license to fish or hunt?
Yes. A person who hunts or traps any of the wild birds or mammals
or who fishes without having first procured a license or
permit to do so, is guilty of a misdemeanor. The only exception
is for children under 12 who are accompanied by an adult.
NRS 502.010
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What could happen if I am arrested for spray painting
graffiti?
Graffiti is: any unauthorized inscription, word, figure,
or design that is marked, etched, scratched, drawn, painted
on or affixed to the public or private property, real or
personal, of another, which defaces the property. NRS 206.005
The penalties are (NRS 206.330):
1 (a). if the value of the loss is less than $250, it is
a misdemeanor,
1 (b) loss is between $250 and $5,000, it is a gross misdemeanor
1 (c) where the value of the loss is more than $5,000 OR
where the damage results in the impairment of public communication,
transportation or police and fire protection, a person is
guilty of a category E felony – one to four years in
state prison, with mandatory probation (NRS 193.130)
NRS 206.330 (3)(a-c)
1st offense
50 – 99 hours of community service
2nd offense
100 – 199 hours of community service
3rd offense
not less than 200 hours of community service
Note: community service must be related to ridding graffiti.
NRS 206.330 (5)
The court may suspend driver’s license for up to
six months for an offender over the age of 18.
NRS 206.125 (1) (a-e)
Anybody who vandalizes, places graffiti on, or defaces,
or damages a place of worship,
a cemetery or mortuary, a school, educational facility,
or community center is guilty of a gross misdemeanor. |
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