Title 14

NRS 179.1157 Definitions. As used in NRS 179.1156 to 179.1205, inclusive, unless the context otherwise requires, the words and terms defined in NRS 179.1158 to 179.11635, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1987, 1380; A 1989, 1789; 1…

NRS 179.1158 “Claimant” defined. “Claimant” means any person who claims to have: 1. Any right, title or interest of record in the property or proceeds subject to forfeiture; 2. Any community property interest in the property or proceeds; or 3. Had possession of the property or pr…

NRS 179.1159 “Plaintiff” defined. “Plaintiff” means the law enforcement agency which has commenced a proceeding for forfeiture. (Added to NRS by 1987, 1380)

NRS 179.1161 “Proceeds” defined. “Proceeds” means any property, or that part of an item of property, derived directly or indirectly from the commission or attempted commission of a crime. (Added to NRS by 1987, 1380)

NRS 179.1162 “Property” defined. “Property” includes any: 1. Real property or interest in real property. 2. Fixture or improvement to real property. 3. Personal property, whether tangible or intangible, or interest in personal property. 4. Conveyance, including any aircraft, vehi…

NRS 179.1163 “Protected interest” defined. “Protected interest” means the enforceable interest of a claimant in property, which interest is shown not to be subject to forfeiture. (Added to NRS by 1987, 1380)

NRS 179.11635 “Willful blindness” defined. “Willful blindness” means the intentional disregard of objective facts which would lead a reasonable person to conclude that the property was derived from unlawful activity or would be used for an unlawful purpose. (Added to NRS by 1991,…

NRS 179.1164 Property subject to seizure and forfeiture; exceptions. 1. Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture: (a) Any proceeds attributable to the commission or attempted commissio…

NRS 179.1165 Seizure of property: Requirement of process. 1. Except as provided in subsection 2, property that is subject to forfeiture may only be seized by a law enforcement agency upon process issued by a magistrate having jurisdiction over the property. 2. A seizure of proper…

NRS 179.1169 Title in property; transfer. 1. All right, title and interest in property subject to forfeiture vests in the plaintiff: (a) In the case of property used or intended for use to facilitate the commission or attempted commission of any felony, when the property is so us…

NRS 179.1171 Proceedings for forfeiture: Rules of practice; complaint; service of summons and complaint; answer; parties. 1. Except as otherwise provided in NRS 179.1156 to 179.1205, inclusive, the Nevada Rules of Civil Procedure are applicable to and constitute the rules of prac…

NRS 179.1173 Proceedings for forfeiture: Priority over other civil matters; order to stay; standard of proof; conviction of claimant not required; confidentiality of informants; return of property to claimant; forfeiture as part of plea or stipulated agreement. 1. Except as other…

NRS 179.1175 Disposition of property after seizure and forfeiture. 1. Except as otherwise provided in subsection 2, after property has been seized the agency which seized the property may: (a) Place the property under seal; (b) Remove the property to a place designated by the age…

NRS 179.118 Distribution of proceeds from forfeited property. 1. The proceeds from any sale or retention of property declared to be forfeited and any interest accrued pursuant to subsection 2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected interest es…

NRS 179.1185 Issuance of certificate of title for forfeited vehicle or other conveyance. If a vehicle or other conveyance is forfeited of a kind which is subject to the provisions of title 43 of NRS governing certificates of title, the agency charged by law with responsibility fo…

NRS 179.1187 Establishment of account for proceeds from forfeited property; restrictions on use of money in account; distribution of certain amount to school district; duties of school district and chief administrative officer of law enforcement agency. 1. The governing body cont…

NRS 179.119 Quarterly reports by law enforcement agencies that receive forfeited property or related proceeds; inclusion of such anticipated revenue in budget prohibited. 1. Any law enforcement agency that receives forfeited property or the proceeds of a sale of such property pur…

NRS 179.1205 Annual reports by law enforcement agencies. 1. On an annual basis, each law enforcement agency shall report the following information about each individual seizure and forfeiture completed by the law enforcement agency under state forfeiture law: (a) Data on seizures…

NRS 179.121 Forfeiture of personal property and conveyances used in commission of crime. 1. All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes …

NRS 179.1211 Definitions. As used in NRS 179.1211 to 179.1235, inclusive, unless the context otherwise requires, the words and terms defined in NRS 179.1213, 179.1215 and 179.1217 have the meanings ascribed to them in those sections. (Added to NRS by 2007, 201)

NRS 179.1213 “Proceeds” defined. “Proceeds” means any property, or that part of an item of property, derived directly or indirectly from a technological crime. (Added to NRS by 2007, 201)

NRS 179.1215 “Property” defined. “Property” includes, without limitation, any: 1. Real property or interest in real property. 2. Fixture or improvement to real property. 3. Personal property, whether tangible or intangible, or interest in personal property. 4. Conveyance, includi…

NRS 179.1217 “Technological crime” defined. “Technological crime” means the commission of, attempt to commit or conspiracy to commit any crime that involves, directly or indirectly, any component, device, equipment, system or network that, alone or in conjunction with any other c…

NRS 179.1219 Property subject to forfeiture; substitution for unreachable property. 1. Except as otherwise provided in NRS 179.1221, if an indictment or information filed in a criminal proceeding alleges that property was derived from, realized through, or used or intended for us…

NRS 179.1221 Forfeiture as part of plea agreement. 1. A defendant who agrees to enter a plea of guilty to a technological crime may agree to the forfeiture of any property as part of the agreement. 2. If the court accepts the plea of guilty, the court shall order the forfeiture o…

NRS 179.1223 Temporary restraining order to preserve property. 1. The prosecuting attorney may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to criminal forfeiture pursuant to NRS 179.1219 if:…

NRS 179.1225 Orders to secure property. 1. After an information or indictment alleging a technological crime is filed in a criminal proceeding, the prosecuting attorney may request the court to: (a) Enter a restraining order or injunction; (b) Require the execution of a satisfact…

NRS 179.1227 Order of forfeiture; order to protect interests of State. 1. Upon a verdict of guilty or a plea of guilty to a technological crime, the court may order the forfeiture of the appropriate property. 2. Upon entry of such an order, the court may: (a) Enter a restraining …

NRS 179.1229 Property subject to civil forfeiture; required proof; where action must be instituted. 1. Except as otherwise provided in subsection 2, all property used in the course of, intended for use in the course of, derived from or gained through a technological crime is subj…

NRS 179.1231 Seizure of property before forfeiture and final disposition; institution of proceedings; intercession by district attorney or Attorney General; interlocutory actions by court; order of forfeiture. 1. Property subject to forfeiture under NRS 179.1219 or 179.1229 may b…

NRS 179.1233 Sale of forfeited property; use of proceeds; deposit and distribution of balance of proceeds; return of property or payment of certain encumbrances. 1. The State, county or city shall sell any property forfeited pursuant to NRS 179.1219 or 179.1229 as soon as commerc…

NRS 179.1235 Limitation of actions. A criminal action or proceeding pursuant to NRS 179.1219 may be commenced at any time within 5 years after the technological crime occurs. Except as otherwise provided in NRS 217.007, a civil action or proceeding pursuant to NRS 179.1229 may be…

NRS 179.125 Stolen or embezzled property held by peace officer subject to magistrate’s order. Except as provided in NRS 52.385, when property, alleged to have been stolen or embezzled, shall come into the custody of a peace officer, the peace officer shall hold the same subject t…

NRS 179.135 Order for delivery to owner; payment of expenses. On satisfactory proof of the title of the owner of the property, the magistrate to whom the information is laid, or who shall examine the charge against the person accused of stealing or embezzling the property, may or…

NRS 179.145 Magistrate to deliver property to owner when it comes into magistrate’s custody; proof of title and payment of expenses. If the property stolen or embezzled come into the custody of the magistrate, it shall be delivered to the owner on satisfactory proof of title, and…

NRS 179.155 Court may order return of property to owner. If the property stolen or embezzled has not been delivered to the owner, the court before which a conviction is had for stealing or embezzling it may, on proof of title, order it to be restored to the owner. (Added to NRS b…

NRS 179.165 Notice must be provided by law enforcement agency to owner, pawnbroker and other interested persons; contents of notice; sale or disposal of unclaimed property by county treasurer; records; audit. 1. Except as otherwise provided by specific statute: (a) And except as …

NRS 179.177 Short title. NRS 179.177 to 179.235, inclusive, may be cited as the Uniform Criminal Extradition Act. (Added to NRS by 1967, 1098)

NRS 179.179 Definitions. As used in NRS 179.177 to 179.235, inclusive, unless the context requires otherwise: 1. “Executive authority” means the governor, and any person performing the functions of governor in a state other than this state. 2. “Governor” means any person performi…

NRS 179.181 Fugitives from justice; duty of Governor. Subject to the provisions of NRS 179.177 to 179.235, inclusive, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the Governor…

NRS 179.183 Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless it is: 1. In writing alleging, except in cases arising under NRS 179.189, that the accused was present in the demanding state at th…

NRS 179.185 Governor may investigate case. When a demand is made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this sta…

NRS 179.187 Extradition of persons imprisoned or awaiting trial in another state or who have left demanding state under compulsion. 1. When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under cri…

NRS 179.189 Extradition of persons not present in demanding state at time of commission of crime. The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in…

NRS 179.191 Governor’s warrant of arrest. 1. If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, which must be sealed with the state seal, and be directed to any peace officer or other person whom the Governor may think fi…

NRS 179.193 Manner and place of execution. Such warrant shall authorize the peace officer or other person to whom directed to: 1. Arrest the accused at any time and any place where the accused may be found within the State; 2. Command the aid of all peace officers or other person…