Penalties with Furnishing a Weapon to State Prisoner

NRS 212.160 – Overview of the Penalties Associated with Furnishing a Weapon or Controlled Substance to State Prisoner

Attempting to provide a weapon or controlled substance to an inmate incarcerated in a Nevada prison puts you at risk of winding up behind bars as well. This is because a prisoner in Nevada is prohibited from coming in contact with a deadly weapon like a firearm while in confinement. The Nevada State Legislature empowered the Department of Corrections to enforce this prohibition.

What is Exactly is “Confinement of a Prisoner”?

It is a form of imprisonment where a prisoner is held separately from other prisoners. Such a prisoner has no meaningful contact to other prisoners and is usually under strict security measures. According to NRS 212.160, the authorities must ensure that confined prisoners do not possess a controlled substance without lawful authorization.

Definition of “Controlled Substances” under Nevada Law

They include marijuana or marijuana paraphernalia. A prisoner in jail or institution or facility of the Department of Corrections shall not have access to controlled substances.

Definition of “Intoxication” under Nevada Law

A prisoner in jail or confined in an institution of the Department of Corrections shall not be under control of any intoxicating liquor.

What is the Punishment for a Prisoner in Possession of a Firearm or a Deadly Weapon?

According to NRS 212.160, possession of such weapons is described as a category B felony. It invokes imprisonment in the state prison for a minimum term of not less than 1 year. The maximum imprisonment is a term of not more than 6 years and may further have a fine of not more than $5,000.

Possession of a Controlled Substance While Incarcerated Could Result in a Category D Felony

Pursuant to chapter 453A of NRS, a prisoner confined in an institution of the Department of Corrections who is found to be in possession of a controlled substance without lawful authorization can be found guilty of a category D felony.

Possession of a Weapon While Incarcerated Could Result in a Category B Felony

When an inmate in state prison or detention facility is found to be in possession of any of the following items, they could be charged with a category B felony:

1. Instrument or weapon of the kind commonly known as a blackjack.
2. Explosive substance, including fixed ammunition, or any incendiary or explosive device.
3. Dirk, dagger, switchblade knife or sharp instrument.
4. Dirk, dagger, switchblade knife or sharp instrument.
5. A device capable of propelling a projectile with sufficient force to cause bodily harm.
6. Other similar weapons, instruments or device.

Such is punishable 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.

What is Considered to Be Unauthorized Communication with Prisoner?

It is when any person undertakes a verbal communication with any prisoner in any jail without authorization by law or by any officer authorized thereby. Any person who does that or conveys any writing, clothing, food, tobacco or any article whatsoever, shall be guilty of a misdemeanor.

Communication with persons charged or convicted of a felony in county jail must have an authorization from an officer in charge, the prisoner’s attorney or the district attorney or the sheriff having such prisoner in charge.

Filing of a Petition by a Prisoner who is Convicted and Sentenced

A person who is found guilty and is sentenced for whatever crime may file a petition. This happens when the original charge for which the person was in lawful custody has been reduced to a charge for which the penalty is less than the penalty which was imposed upon the person.