453.3345 - Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park. - Nevada Statutes

453.3345  Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.

      1.  Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 or 453.322:

      (a) On the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;

      (b) On a campus of the Nevada System of Higher Education;

      (c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, park, pool, recreational center or arcade; or

      (d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,

Ê must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  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.

      3.  For the purposes of this section:

      (a) “Playground” means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.

      (b) “Recreational center for youths” means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.

      (c) “School bus” has the meaning ascribed to it in NRS 483.160.

      (d) “Video arcade” means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

      (Added to NRS by 1989, 2066; A 1991, 1060; 1993, 406; 1999, 731, 2639; 2001, 193, 194; 2003, 383)