193.1675 - Additional penalty: Commission of crime because of certain actual or perceived characteristics of victim. - Nevada Statutes

193.1675  Additional penalty: Commission of crime because of certain actual or perceived characteristics of victim.

      1.  Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460 to 200.465, inclusive, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator may, 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 any 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 any additional penalty imposed.

      2.  A sentence imposed pursuant to 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.

      (Added to NRS by 1995, 2704; A 1997, 59, 1347; 2001, 664; 2005, 87; 2007, 3191)