[Rev. 11/21/2013 9:59:31 AM--2013]

CHAPTER 197 - CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THIS STATE

NRS 197.010           Bribery of executive or administrative officer.

NRS 197.020           Bribery of other public officers.

NRS 197.030           Asking or receiving bribe by executive or administrative officer.

NRS 197.040           Asking or receiving bribe by public officer or employee.

NRS 197.050           Rebate or division of salary unlawful.

NRS 197.060           Unlawful to agree to divide salary.

NRS 197.070           Payment of bona fide debt by deputy or attache.

NRS 197.080           Offering reward for appointment.

NRS 197.090           Interfering with public officer.

NRS 197.100           Influencing public officer.

NRS 197.110           Misconduct of public officer.

NRS 197.120           False impersonation of public officer; intrusion into and refusal to surrender public office.

NRS 197.130           False report by public officer.

NRS 197.140           Public officer making false certificate.

NRS 197.150           Falsely auditing or paying claim.

NRS 197.160           Fraudulently presenting claim to public officer.

NRS 197.170           Extortion by public officer or employee.

NRS 197.180           Wrongful exercise of official power.

NRS 197.190           Obstructing public officer.

NRS 197.200           Oppression under color of office.

NRS 197.210           Fraudulent appropriation of property.

NRS 197.220           Other violations by officers.

NRS 197.230           Conviction of public officer forfeits trust.

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      NRS 197.010  Bribery of executive or administrative officer.  A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to any executive or administrative officer of the State, with the intent to influence the officer with respect to any act, decision, vote, opinion or other proceeding, as such officer, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [Part 1911 C&P § 46; RL § 6311; NCL § 9995]—(NRS A 1967, 460; 1979, 1417; 1995, 1170)

      NRS 197.020  Bribery of other public officers.  A person who gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a person executing any of the functions of a public officer other than as specified in NRS 197.010, 199.010 and 218A.960, with the intent to influence the person with respect to any act, decision, vote or other proceeding in the exercise of his or her powers or functions, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [Part 1911 C&P § 46; RL § 6311; NCL § 9995]—(NRS A 1967, 460; 1979, 1417; 1995, 1170)

      NRS 197.030  Asking or receiving bribe by executive or administrative officer.  An executive or administrative officer or person elected or appointed to an executive or administrative office who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion or action upon any matter then pending, or which may by law be brought before him or her in an official capacity, will be influenced thereby, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [Part 1911 C&P § 47; RL § 6312; NCL § 9996]—(NRS A 1967, 460; 1979, 1418; 1995, 1170)

      NRS 197.040  Asking or receiving bribe by public officer or employee.  A person who executes any of the functions of a public office not specified in NRS 197.030, 199.020 or 218A.965, and a person employed by or acting for the State or for any public officer in the business of the State, who asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or other official proceeding will be influenced thereby, or that he or she will do or omit any act or proceeding or in any way neglect or violate any official duty, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [Part 1911 C&P § 47; RL § 6312; NCL § 9996]—(NRS A 1967, 460; 1979, 1418; 1995, 1171)

      NRS 197.050  Rebate or division of salary unlawful.

      1.  It is unlawful for any state, county or municipal officer to offer or agree to appoint, or for any person whatever to offer to procure, or to offer to aid in procuring, the appointment of any deputy officer or attache of the state, county or municipal government of this state, for any consideration contemplating any division or rebate of the salary of the deputy or attache during his or her term of office, or for any monetary or other valuable consideration whatsoever, or, after such an appointment is made, to receive or to accept any portion of the salary of the deputy or attache, or to receive any money or other valuable reward whatsoever, as a consideration for retaining the deputy or attache, or as a consideration for procuring, or for aid in obtaining the procuring of, the retention of the deputy or attache in any position to which the deputy or attache may be or has been appointed, or for any purpose whatsoever except in payment of a bona fide debt as provided in NRS 197.070.

      2.  A person who violates any of the provisions of subsection 1 commits bribery which is a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 48; RL § 6313; NCL § 9997] + [Part 1911 C&P § 51; RL § 6316; NCL § 10000]—(NRS A 1967, 461; 1995, 1171)

      NRS 197.060  Unlawful to agree to divide salary.

      1.  It is unlawful for any deputy officer or attache of the state, county or municipal government of this state to rebate, refund, pay or divide, to or with his or her principal or to or with any person whatever, any part or portion of his or her salary or compensation now fixed, or that may hereafter be fixed or established, by law, as a consideration either for the making or for the procuring of such an appointment, or for aid in procuring the same, or for the retention, or for the procuring or aid in procuring the retention, of such an appointment as deputy or attache, or to make any division or payment out of his or her salary to this end, except in payment of a bona fide debt as provided in NRS 197.070.

      2.  A person who violates any of the provisions of subsection 1 commits bribery which is a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 49; RL § 6314; NCL § 9998] + [Part 1911 C&P § 51; RL § 6316; NCL § 10000]—(NRS A 1967, 461; 1995, 1171)

      NRS 197.070  Payment of bona fide debt by deputy or attache.  Nothing in NRS 197.050 and 197.060 shall be construed to relieve any deputy officer or attache from the payment of a bona fide debt, contracted for value received, for which a civil action would lie in a court of law, or to prevent such deputy officer or attache from paying the same out of his or her salary.

      [1911 C&P § 50; RL § 6315; NCL § 9999]

      NRS 197.080  Offering reward for appointment.  Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward, in consideration that the person or another person shall be appointed to a public office or to a clerkship, deputation or other subordinate position in such office, or that the person or any other person shall be permitted to exercise, perform or discharge any prerogative or duty or receive any emolument of such office, shall be guilty of a gross misdemeanor.

      [1911 C&P § 52; RL § 6317; NCL § 10001]

      NRS 197.090  Interfering with public officer.  Except under circumstances where a greater penalty is provided in NRS 200.481, any person who, by means of any threat, force or violence, attempts to deter or prevent any executive or administrative officer from performing any duty imposed upon the officer by law, or who knowingly resists by force or violence any executive or administrative officer in the performance of the officer’s duty, is guilty of a gross misdemeanor.

      [1911 C&P § 64; RL § 6329; NCL § 10013]—(NRS A 1981, 11)

      NRS 197.100  Influencing public officer.

      1.  Every person who shall ask or receive any compensation, gratuity or reward, or any promise thereof:

      (a) Upon the representation that the person can, directly or indirectly, or in consideration that the person shall, or shall attempt to, directly or indirectly, influence any public officer, whether executive, administrative, judicial or legislative, to refuse, neglect, or defer the performance of any official duty;

      (b) The right to retain or receive which shall be conditioned that such person shall, directly or indirectly, successfully influence by any means whatever any executive, administrative or legislative officer, in respect to any act, decision, vote, opinion or other proceeding, as such officer; or

      (c) Upon the representation that the person can, directly or indirectly, or in consideration that the person shall, or shall attempt to, directly or indirectly, influence any public officer, whether executive, administrative, judicial or legislative, in respect to any act, decision, vote, opinion or other proceeding, as such officer, unless it be clearly understood and agreed in good faith between the parties thereto, on both sides, that no means or influence shall be employed except explanation and argument upon the merits,

Ę shall be guilty of a gross misdemeanor.

      2.  In any prosecution under paragraph (c) of subsection 1, evidence of the means actually employed to influence such officer shall be admitted as proof of the means originally contemplated by the defendant.

      [1911 C&P § 65; RL § 6330; NCL § 10014]

      NRS 197.110  Misconduct of public officer.  Every public officer who:

      1.  Asks or receives, directly or indirectly, any compensation, gratuity or reward, or promise thereof, for omitting or deferring the performance of any official duty or for any official service which has not been actually rendered, except in case of charges for prospective costs or fees demandable in advance in a case allowed by law; or

      2.  Employs or uses any person, money or property under the public officer’s official control or direction, or in the public officer’s official custody, for the private benefit or gain of the public officer or another,

Ę is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 66; RL § 6331; NCL § 10015]—(NRS A 1987, 1461; 1999, 2747)

      NRS 197.120  False impersonation of public officer; intrusion into and refusal to surrender public office.  Every person who shall falsely personate or represent any public officer, or who shall willfully intrude into a public office to which the person has not been duly elected or appointed, or who shall willfully exercise any of the functions or perform any of the duties of such officer, without having duly qualified therefor, as required by law, or who, having been an executive or administrative officer, shall willfully exercise any of the functions of office after his or her right to do so has ceased, or wrongfully refuse to surrender the official seal or any books or papers appertaining to such office, upon the demand of his or her lawful successor, shall be guilty of a gross misdemeanor.

      [1911 C&P § 67; RL § 6332; NCL § 10016]

      NRS 197.130  False report by public officer.  Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor.

      [1911 C&P § 84; RL § 6349; NCL § 10033]

      NRS 197.140  Public officer making false certificate.  Every public officer who, being authorized by law to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing containing any statement which the public officer knows to be false, in a case where the punishment thereof is not expressly prescribed by law, shall be guilty of a gross misdemeanor.

      [1911 C&P § 110; RL § 6375; NCL § 10059]

      NRS 197.150  Falsely auditing or paying claim.  A public officer, or person holding or discharging the duties of any public office or place of trust under the State or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying claims or demands upon the State or a county, town or city, who knowingly audits, allows or pays, or directly or indirectly consents to or in any way connives in the audit, allowance or payment of any claim or demand against the State, county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be punished:

      1.  Where the amount of the false or fraudulent charge, claim, item or demand is $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the amount of the fraudulent charge, claim, item or demand is less than $650, for a misdemeanor.

      [1911 C&P § 111; RL § 6376; NCL § 10060]—(NRS A 1967, 461; 1979, 1418; 1989, 1430; 1995, 1172; 2011, 158)

      NRS 197.160  Fraudulently presenting claim to public officer.  Every person who, with the intent to defraud, shall knowingly present for audit, allowance or payment to any officer or board of the State or of any county, city, town, school or other district authorized to audit, allow or pay bills, claims or charges, any false or fraudulent claim, account, writing or voucher or any bill, account or demand containing false or fraudulent charges, items or claims, shall be guilty of a gross misdemeanor.

      [1911 C&P § 450; RL § 6715; NCL § 10403]—(NRS A 1965, 361)

      NRS 197.170  Extortion by public officer or employee.  A public officer or employee who:

      1.  Asks, receives or agrees to receive a fee or other compensation for official service or employment either:

      (a) In excess of the fee or compensation allowed by statute therefor; or

      (b) Where a fee or compensation is not allowed by statute therefor; or

      2.  Requests money, property or anything of value which is not authorized by law, from any person regulated by the public officer or employee, and in a manner which would cause a reasonable person to be intimidated into complying with the request to avoid the risk of adverse action by the public officer or employee,

Ę commits extortion which is a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      [1911 C&P § 473; RL § 6738; NCL § 10422]—(NRS A 1967, 462; 1979, 1418; 1995, 1172; 1999, 2747)

      NRS 197.180  Wrongful exercise of official power.  Any person who willfully takes upon himself or herself to exercise or officiate in any office or place of another, without being lawfully authorized thereto, is guilty of a gross misdemeanor.

      [1911 C&P § 539; RL § 6804; NCL § 10485]—(NRS A 1967, 462)

      NRS 197.190  Obstructing public officer.  Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or information lawfully required of the person by any public officer, or who, in such statement, report or information shall make any willfully untrue, misleading or exaggerated statement, or who shall willfully hinder, delay or obstruct any public officer in the discharge of official powers or duties, shall, where no other provision of law applies, be guilty of a misdemeanor.

      [1911 C&P § 540; RL § 6805; NCL § 10486]

      NRS 197.200  Oppression under color of office.

      1.  An officer, or a person pretending to be an officer, who unlawfully and maliciously, under pretense or color of official authority:

      (a) Arrests or detains a person against the person’s will;

      (b) Seizes or levies upon another’s property;

      (c) Dispossesses another of any lands or tenements; or

      (d) Does any act whereby the person, property or rights of another person are injured,

Ę commits oppression.

      2.  An officer or person committing oppression shall be punished:

      (a) Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.

      [1911 C&P § 541; RL § 6806; NCL § 10487]—(NRS A 1967, 462; 1995, 1172)

      NRS 197.210  Fraudulent appropriation of property.  An officer who fraudulently appropriates to his or her own use or to the use of another person, or secretes with the intent to appropriate to such a use, any money, evidence of debt or other property entrusted to the officer by virtue of his or her office, shall be punished:

      1.  Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate is $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate is less than $650, for a misdemeanor.

      [Part 1911 C&P § 80; RL § 6345; NCL § 10029]—(NRS A 1967, 462; 1979, 1419; 1989, 1431; 1995, 1173; 2011, 158)

      NRS 197.220  Other violations by officers.  Every public officer or other person who shall willfully disobey any provision of law regulating his or her official conduct in cases for which no other punishment is provided shall be guilty of a misdemeanor.

      [1911 C&P § 563; RL § 6828; NCL § 10508]

      NRS 197.230  Conviction of public officer forfeits trust.  The conviction of a public officer of any felony or malfeasance in office shall entail, in addition to such other penalty as may be imposed, the forfeiture of his or her office, and shall disqualify the public officer from ever afterward holding any public office in this State.

      [1911 C&P § 22; RL § 6287; NCL § 9971]