Existing law provides that a person is guilty of: (1) a gross misdemeanor if the person, other than a prisoner, commits an assault upon an officer; and (2) a category B felony if the person commits an assault upon an officer with the use of a deadly weapon or the present ability to use a deadly weapon. (NRS 200.471) Section 1 of this bill increases the penalty from a gross misdemeanor to a category E felony if the assault is committed upon an officer during a riot. Existing law also provides that a person is guilty of: (1) a misdemeanor if the person commits a battery other than child abuse, the battery is not committed with a deadly weapon and there is no substantial bodily harm to the victim; (2) a category B felony if the person commits a battery upon an officer which causes substantial bodily harm or is committed by strangulation; and (3) a gross misdemeanor if the person commits a battery upon an officer and the person knew or should have known that the victim was an officer. (NRS 200.481) Section 2 of this bill increases the penalties: (1) from a misdemeanor to a gross misdemeanor if the battery is committed during a riot; and (2) from a gross misdemeanor to a category E felony if the battery is committed during a riot upon an officer who is performing his or her duty and the person charged knew or should have known that the victim was an officer. Existing law provides that a person who, without lawful authority, knowingly threatens certain actions against another person and the person receiving such a threat has reasonable fear that the threat will be carried out, is guilty of the crime of harassment. Existing law makes harassment punishable as a misdemeanor for the first offense and as a gross misdemeanor for any subsequent offense. (NRS 200.571) Section 3 of this bill makes the crime of harassment punishable as a category E felony if the crime occurs: (1) during a riot; and (2) at a public accommodation, which includes certain establishments that provide transient lodging and restaurants, among other places. Existing law makes it unlawful to knowingly or intentionally provide certain material support with the intent that such support be used to commit, cause, aid, further or conceal an act of terrorism. (NRS 202.445) Section 4 of this bill makes it unlawful to knowingly or intentionally provide certain material support with the intent that such support be used to: (1) assemble for certain unlawful purposes; or (2) commit a rout or riot. Existing law makes it a misdemeanor for two or more persons to assemble for the purpose of disturbing the public peace, or committing any unlawful act, if the persons do not disperse under certain circumstances. (NRS 203.020) Section 5 of this bill makes it a category E felony for seven or more persons to assemble for such purposes, without dispersing, under certain circumstances. Existing law makes it a misdemeanor for two or more persons to assemble together to commit an unlawful act, but who separate without committing or advancing toward the act. (NRS 203.060) Section 6 of this bill makes it a category E felony for seven or more persons to assemble together for such purposes. Existing law also makes it: (1) a rout, punishable as a misdemeanor, for two or more persons to meet to commit an unlawful act, upon a common cause of quarrel, and to advance toward the act; and (2) a riot, punishable as a misdemeanor, for two or more persons to commit an unlawful act of violence, either with or without a common cause of quarrel, or to commit a lawful act, in a violent, tumultuous and illegal manner. (NRS 203.070) Section 7 of this bill makes it a category E felony for seven or more persons to commit a rout or riot. Existing law makes it unlawful, proportionate to the value of the property, for any persons unlawfully assembled to pull down, damage or destroy certain property. (NRS 206.010) Section 8 of this bill makes it a category E felony for any persons to commit such acts during a riot. Existing law makes it a gross misdemeanor to vandalize, place graffiti on, deface or otherwise damage: (1) a place of religious worship; (2) a facility used for the purpose of burial or memorializing the dead; or (3) a school, educational facility, transportation facility, public transportation vehicle or community center. (NRS 206.125) Section 9 of this bill makes it a category E felony to vandalize, place graffiti on, deface or otherwise damage such property during a riot. Existing law establishes various crimes relating to racketeering activity. (NRS 207.400) Section 10 of this bill makes it unlawful to engage in racketeering activity in furtherance of certain unlawful assemblies, a rout or riot. Existing law provides immunity from civil liability to certain persons for a bodily injury or death resulting under certain circumstances. (Chapter 41 of NRS) Section 11 of this bill creates immunity from civil liability for certain persons who are driving a motor vehicle and cause bodily injury or death to another person who is unlawfully obstructing any road, street or alley during certain unlawful assemblies, a rout or riot. Section 13 of this bill provides that section 11 does not apply to a cause of action or claim arising from an injury or death that occurs before October 1, 2021. Existing law prohibits a person from obstructing any road, street or alley and makes such an offense punishable as a misdemeanor. (NRS 405.230) Section 12 of this bill increases the penalty to a category E felony, if a person obstructs any road, street or alley during certain unlawful assemblies, a rout or riot.

Statutes affected:
As Introduced: 200.471, 200.481, 200.571, 203.020, 203.060, 203.070, 206.010, 206.125, 207.400, 405.230