Below are the current penalties under NRS 193.130 for those convicted of for neglectng or abusing animals in the State of Nevada that fall under NRS 574.100. The areas we are proposing are under the current penalty.
NRS 574.100 Torturing, overdriving, injuring or abandoning animals; failure to provide proper sustenance; requirements for restraining dogs and using outdoor enclosures;
The black text is the current law. Red text is our proposed changes under Reba's Bill.
7. Except as otherwise provided in subsection 6, a person who violates subsection 1, 2, 3 or 5:
The following shall be added to NRS 193.130 for those convicted under NRS 574.100
The convicted person(s) shall be required to register as an animal abuser on the Nevada Animal Abuser Registry for life. If Nevada does not have such registry, one shall be created and maintainded by the FBI's Criminal Justice Information Services Division CJIS (the same agency that maintains the National Sex Offender Public Website NSOPW). The person(s) shall also pay an annual fee of $250 to help maintain the registry and it's operation.
For the FIRST OFFENSE within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
Remove 7 year clause; and
Shall be raised from a misdemeanor and punished as provided in NRS 193.130 as a Category E Felony; and
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months
Imprisonment for a determinate period of 1 year in the state prison; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service
Perform not less than 100 hours, but not more than 150 hours of community service to be performed at an animal shelter, rescue or/sanctuary; and
Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000.
Fine of not less than $1,000, but not more than $2,000; and
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at the person’s place of employment or on a weekend.
Remove this stipulation
(b) For the SECOND OFFENSE within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
Remove 7 year clause; and
Shall be raised from a misdemeanor and punished as provided in NRS 193.130 as a Category D Felony; and
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months
Imprisonment for a determinate period of 3 years in the state prison; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service
Perform not less than 200 hours, but not more than 300 hours of community service, to be performed at an animal shelter, rescue or/sanctuary; and
Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.
Fine of not less than $3,000, but not more than $5,000
(c) For the THIRD AND SUBSUQUENT OFFENSE(S) within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Proposed: Remove 7 year clause; and
Proposed: Shall be punished as provided in NRS 193.130 as a Category C Felony; and
(1) Imprisonment in the State Prison for a determinate period of 5 years; and
(2) Perform not less than 250 hours, but not more than 500 hours of community service, to be performed at an animal shelter, rescue or/sanctuary; and
Ê The person shall be further punished by a fine of not less than $5,000, but not more than $10,000.
8. In addition to any other fine or penalty provided in subsection 6 or 7, a court shall order a person convicted of violating subsection 1, 2, 3 or 5 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2, 3 or 5 including, without limitation, money expended for veterinary treatment, feed and housing.
NRS 574.105 Mistreatment of police animal and interference with duties of police animal or handler unlawful; penalties; exception.
1. A person shall not willfully and maliciously:
(a) Taunt, torment, tease, beat, strike or administer a desensitizing drug, chemical or substance to a police animal;
(b) Interfere with a police animal or a handler thereof in the performance of duties assigned to the police animal or handler; or
(c) Torture, mutilate, injure, poison, disable or kill a police animal.
2. A person who violates:
(a) Paragraph (a) or (b) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Imprisonment in the State Prison for a determinate period of 3 years
(b) Paragraph (c) of subsection 1 is guilty of:
(1) If the police animal is not totally disabled or killed, a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.
Imprisonment in the State Prison for a determinate period of 3 years as well as any fines or restitution assessed by court as allowed in NRS 193.130
(2) If the police animal is totally disabled or killed, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishment imposed pursuant to this subparagraph, the court may require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.
Imprisonment in the State Prison for a determinate period of 5 years as well as any fines or restitution assessed by court as allowed in NRS 193.130
3. The provisions of this section do not prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a veterinarian from euthanizing a police animal in an emergency if the police animal is critically wounded and would otherwise endure undue suffering and pain.
NRS 574.110 Abandonment of disabled animal unlawful; penalty.
1. A person being the owner or possessor, or having charge or custody, of a maimed, diseased, disabled or infirm animal, who abandons such animal or leaves it to die in a public street, road or public place, or who allows it to lie in a public street, road or public place more than 3 hours after the person receives notice that it is left disabled, is guilty of a misdemeanor.
Lower to 1 hour; and
Shall be raised from a misdemeanor and punished as provided in NRS 193.130 as a Category C Felony; and
Imprisonment in the State Prison for a determinate period of 5 years; and
Perform not less than 500 hours, but not more than 1000 hours of community service, to be performed at an animal shelter, rescue or/sanctuary; and
The person shall be further punished by a fine of not less than $5,000, but not more than $10,000.
2. Any agent or officer of any society for the prevention of cruelty to animals, or of any society duly incorporated for that purpose, or any police officer, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing, in the judgment of two reputable citizens called by the agent or officer to view the same in his or her presence, to be glandered, injured or diseased past recovery for any useful purpose, or after such agent or officer has obtained in writing from the owner of such animal the owner’s consent to such destruction.
3. When any person arrested is, at the time of such arrest, in charge of any animal or of any vehicle drawn by or containing any animal, any agent or officer of such society or societies or any police officer may take charge of such animal and of such vehicle and its contents and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof. All necessary expenses incurred in taking charge of such property shall be a charge thereon.
NRS 574.120 Failure to provide proper air, food, shelter or water to impounded animal unlawful; penalties.
1. A person who has impounded or confined any animal shall not refuse or neglect to supply to the animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water.
2. A person who violates subsection 1:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
Remove 7 year clause; and
Shall be raised from a misdemeanor and punished as provided in NRS 193.130 as a Category E Felony; and
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
Imprisonment for a determinate period of 1 year in the state prison; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
Perform not less than 100 hours, but not more than 150 hours of community service; and
Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000.
Fine of not less than $1,000, but not more than $2,000; and
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at the person’s place of employment or on a weekend.
Remove this stipulation
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
Remove 7 year clause; and
Shall be raised from a misdemeanor and punished as provided in NRS 193.130 as a Category E Felony; and
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
Imprisonment for a determinate period of 3 years in the state prison; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
\Perform not less than 200 hours, but not more than 300 hours of community service; and
Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.
Fine of not less than $3,000, but not more than $5,000
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Remove 7 year clause; and
Shall be raised from a misdemeanor and punished as provided in NRS 193.130 as a Category E Felony; and
(1) Imprisonment in the State Prison for a determinate period of 5 years; and
(2) Perform not less than 250 hours, but not more than 500 hours, of community service; and
Ê The person shall be further punished by a fine of not less than $5,000, but not more than $10,000.
3. In addition to any other fine or penalty provided in subsection 2, a court shall order a person convicted of violating subsection 1 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, including, without limitation, money expended for veterinary treatment, feed and housing.
4. If any animal is at any time impounded as provided in subsection 1, and continues to be without necessary food and water for more than 12 successive hours, any person may, as often as it is necessary, enter into and upon any pound in which the animal is so confined and supply it with necessary food and water, so long as it remains so confined. Such a person is not liable to any action for such entry, and the reasonable cost of such food and water may be collected by the person from the owner of the animal, and the animal is not exempt from levy and sale upon execution issued upon a judgment therefor.
NRS 574.150 Poisoning or attempting to poison animals unlawful; penalties; exception.
1. A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with the intent that it be taken by a horse, mule or domestic cattle, whether the horse, mule or domestic cattle are the property of the person or another, is guilty of a category C 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.
Shall be punished as provided in NRS 193.130 as a Category C Felony; and
Imprisonment in the State Prison for a determinate period of 5 years
2. A person who unjustifiably administers any poisonous or noxious drug or substance to any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with the intent that it be taken by an animal other than a horse, mule or domestic cattle, whether the animal is the property of the person or another, is guilty of a gross misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
Shall be raised from a gross misdemeanor and punished as provided in NRS 193.130 as a Category E Felony; and
Imprisonment in the State Prison for a determinate period of 5 years
3. This section does not prohibit the destruction of noxious animals.
[1911 C&P § 510; RL § 6775; NCL § 10457] + [11:178:1919; 1919 RL p. 3396; NCL § 10579]—(NRS A 1961, 402; 1967, 618; 1979, 1487; 1995, 1304; 2001, 2890)
NRS 574.160 Throwing substance injurious to animals in public places unlawful; penalty. A person who willfully throws, drops or places, or causes to be thrown, dropped or placed, upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal is guilty of a misdemeanor. [12:178:1919; 1919 RL p. 3396; NCL § 10580]
Shall be raised from a misdemeanor and punished as provided in NRS 193.130 as a Category E Felony; and
* Proposed: Imprisonment in the State Prison for a determinate period of 1 year