Officer and Public Officer Defined

Officer and Public Officer Defined by Vegas Defense Lawyer

Nevada imposes certain standards of behavior on officers and public officers, and also vests officers and public officers with certain rights. Because being defined as a public officer can impact how you’re treated by the legal system, you need to know exactly what these roles are and who qualifies as a public officer under Nevada law.

Chapter 193, the General Provisions Chapter of Title 15 defines the words officer and public officer. The definitions of these words— and other words found in Chapter 193, apply throughout Title 15, which is the part of Nevada’s code that defines different kinds of criminal conduct and outlines penalties imposed for bad behavior. Your case could hinge on whether you actually meet the definition of officer or public officer, so you should ensure you have a clear understanding of exactly what the definition is.

LV Criminal Defense can help. Our Las Vegas defense lawyers have studied Nevada law intensely and have decades of collective experience representing defendants — including public officers — who have been accused of various types of crimes. We will fight to help you earn an acquittal or to reduce penalties that could result from conviction, so you should give us a call as soon as possible after you have been charged.

Definition of Officer and Public Officer in Nevada

The definition of a public officer in Nevada is found within N.R.S. 193.019. According to this statute, all officers, members and employees of the state of Nevada are considered to be public officers. All employees, officers and members of political subdivisions of the state of Nevada are also considered to be public officers.

If you are employed by a public corporation or a quasi-public corporation of the state of Nevada, or if you are employed by a special district, you fall within the definition of public officer as well. Those who are on agencies, boards, or commissions which were established either by the state of Nevada or by any political subdivision within the state of Nevada will also be considered a public officer.

Finally, anyone who exercises any of the powers or functions of a public officer will be considered to be acting as a public officer, as will anyone who assumes to exercise powers and functions that normally belong to public officers.

Public officers are subject to many strict regulations in the state of Nevada, and a violation of many of the regulations applicable to these officers could lead to criminal charges of varying degrees of severity.

For example, Nevada Revised Statute section 200.3773 explains that a public officer who has access to records identifying sexual assault victims is prohibited from disclosing information about the victims to anyone other than the defendant or the defendant’s lawyer; investigators for the prosecution or defense; individuals authorized to receive the information via court order; or advocacy organizations entitled by law to receive the information. If a public officer violates these rules, he could be found guilty of a misdemeanor offense.

This is just one of myriad examples of special rules applicable to public officers which — if you break them — could potentially result in you facing harsh penalties.