PERJURY AND SUBORNATION OF PERJURY
NRS 199.120 Definition; penalties. A person, having taken a lawful oath or made affirmation in a judicial proceeding or in any other matter where, by law, an oath or affirmation is required and no other penalty is prescribed, who:
1. Willfully makes an unqualified statement of that which he does not know to be true;
2. Swears or affirms willfully and falsely in a matter material to the issue or point in question;
3. Suborns any other person to make such an unqualified statement or to swear or affirm in such a manner;
4. Executes an affidavit pursuant to NRS 15.010 which contains a false statement, or suborns any other person to do so; or
5. Executes an affidavit or other instrument which contains a false statement before a person authorized to administer oaths or suborns any other person to do so,
is guilty of perjury or subornation of perjury, as the case may be, which is a category D felony and shall be punished as provided in NRS 193.130.
[1911 C&P õ 85; A 1949, 111; 1943 NCL õ 10034]-(NRS A 1967, 464; 1977, 640; 1979, 1420; 1985, 129, 788; 1987, 654; 1995, 1174)
NRS 199.130 False affidavit or complaint to effect arrest or search.
1. A person who makes, executes or signs or causes to be made, executed or signed, any false or fictitious affidavit, complaint, deposition, or other instrument in writing before any officer or person authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, is guilty of perjury which is a category D felony.
2. A person who commits any of the acts or offenses defined or set out in subsection 1 shall be punished as provided in NRS 193.130.
[1:10:1925; NCL õ 10526] + [3:10:1925; NCL õ 10528]-(NRS A 1967, 464; 1979, 1420; 1995, 1174)
NRS 199.310 Malicious prosecution. A person who maliciously and without probable cause therefor, causes or attempts to cause another to be arrested or proceeded against for any crime of which he is innocent:
1. If the crime is a felony, is guilty of a category D felony and shall be punished as provided in NRS 193.130; and
2. If the crime is a gross misdemeanor or misdemeanor, is guilty of a misdemeanor.
[1911 C&P õ 100; RL õ 6365; NCL õ 10049]-(NRS A 1967, 466; 1979, 1423; 1995, 1178)
NRS 199.320 Inducing lawsuit. Every person who shall on his behalf bring or instigate, incite or encourage another to bring, any false suit at law or in equity, in any court of this state, with intent thereby to distress or harass a defendant therein, shall be guilty of a misdemeanor.
[1911 C&P õ 101; RL õ 6366; NCL õ 10050
NRS 199.340 Criminal contempt. Every person who shall commit a contempt of court of any one of the following kinds shall be guilty of a misdemeanor:
1. Disorderly, contemptuous or insolent behavior committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority;
2. Behavior of like character in the presence of a referee, while actually engaged in a trial or hearing pursuant to an order of court, or in the presence of a jury while actually sitting in the trial of a cause or upon an inquest or other proceeding authorized by law;
3. Breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of a court, jury or referee;
4. Willful disobedience to the lawful process or mandate of a court;
5. Resistance, willfully offered, to its lawful process or mandate;
6. Contumacious and unlawful refusal to be sworn as a witness or, after being sworn, to answer any legal and proper interrogatory;
7. Publication of a false or grossly inaccurate report of its proceedings; or
8. Assuming to be an attorney or officer of a court or acting as such without authority.
[1911 C&P õ 103; RL õ 6368; NCL õ 10052]
CONSPIRACY
NRS 199.480 Penalties.
1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnaping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault, kidnaping in the first or second degree, arson in the first or second degree, or a violation of NRS 205.463, 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; or
(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,
and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
each person is guilty of a gross misdemeanor.
[1911 C&P õ 112; RL õ 6377; NCL õ 10061]-(NRS A 1975, 509; 1977, 1416, 1631; 1979, 1424; 1983, 1494; 1995, 1179; 1999, 1343)
NRS 199.490 Overt act not necessary. In any such proceeding for violation of NRS 199.480, it shall not be necessary to prove that any overt act was done in pursuance of such unlawful conspiracy or combination.
[1911 C&P õ 113; RL õ 6378; NCL õ 10062] |
