193.163 - Additional penalty: Use of handgun containing metal-penetrating bullet in commission of crime. - Nevada Statutes

193.163  Additional penalty: Use of handgun containing metal-penetrating bullet in commission of crime.

      1.  Except as otherwise provided in NRS 193.169, any person who uses a handgun containing a metal-penetrating bullet in the commission of a crime shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      2.  The sentence prescribed by this section:

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      3.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      4.  As used in this section, “metal-penetrating bullet” has the meaning ascribed to it in NRS 202.273.

      (Added to NRS by 1983, 800; A 1991, 1059; 2007, 3187)