[Rev. 11/21/2013 9:53:23 AM--2013]

CHAPTER 170 - PREVENTION OF PUBLIC OFFENSES

NRS 170.040           Intervention of officers of justice by requiring surety to keep peace.

NRS 170.060           Complaint for threatening offense against person or property; may be filed in municipal court.

NRS 170.070           Trial to proceed as in criminal cases.

NRS 170.080           Person complained of: When to be discharged.

NRS 170.090           Security to keep peace.

NRS 170.100           Effect of giving or refusing to give security.

NRS 170.110           Person committed may give security later.

NRS 170.120           Bond to be filed.

NRS 170.130           Breach of peace before magistrate; when security required.

NRS 170.140           Bond to keep peace: When broken.

NRS 170.150           Bond to keep peace: When and how prosecuted.

NRS 170.160           Allegation and evidence of breach.

NRS 170.170           Security for peace or good behavior not required except in accordance with this chapter.

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      NRS 170.040  Intervention of officers of justice by requiring surety to keep peace.  Public offenses may be prevented by the intervention of the officers of justice by requiring surety to keep the peace.

      [1911 Cr. Prac. § 12; RL § 6862; NCL § 10661]—(NRS A 1967, 1400)

      NRS 170.060  Complaint for threatening offense against person or property; may be filed in municipal court.

      1.  A complaint may be filed and warrant issued, as in other criminal cases, for the arrest of any person who has threatened to commit an offense against the person or property of another.

      2.  Such a complaint may also be filed in a municipal court. The city attorney shall act as prosecutor, and the proceedings shall conform to the requirements of NRS 170.070 to 170.170, inclusive.

      [1911 Cr. Prac. § 14; A 1925, 9; NCL § 10663]—(NRS A 1967, 1400)

      NRS 170.070  Trial to proceed as in criminal cases.  When the person complained of is brought before the justice of the peace or magistrate, the trial on the charge shall proceed as in other criminal cases.

      [1911 Cr. Prac. § 17; A 1925, 9; NCL § 10664]

      NRS 170.080  Person complained of: When to be discharged.  If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

      [1911 Cr. Prac. § 18; RL § 6868; NCL § 10665]

      NRS 170.090  Security to keep peace.

      1.  If, however, there is a just reason to fear the commission of the offense, the person complained of may be required to enter into a bond, in such sum, not exceeding $5,000, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of this State, and particularly toward the complainant.

      2.  The bond shall be valid and binding for 6 months, and may, upon the renewal of the complaint, be extended for a longer period or a new bond may be required.

      [1911 Cr. Prac. § 19; RL § 6869; NCL § 10666]

      NRS 170.100  Effect of giving or refusing to give security.

      1.  If the bond required by NRS 170.090 is given, the person complained of shall be discharged.

      2.  If the person complained of does not give it, the magistrate must commit the person to prison until the person gives such bond, specifying in the warrant the requirement to give security, the amount thereof, and the omission to pay the same; but in no event shall the person complained of be confined in prison for a period of longer than 6 months for a failure or omission to give such bond.

      [1911 Cr. Prac. § 20; A 1915, 16; 1919 RL § 6870; NCL § 10667]

      NRS 170.110  Person committed may give security later.  If the person complained of is committed for not giving the bond required, the person complained of may be discharged by any magistrate upon giving the same.

      [1911 Cr. Prac. § 21; RL § 6871; NCL § 10668]

      NRS 170.120  Bond to be filed.  A bond given, as provided in NRS 170.090, must be filed by the magistrate in the office of the clerk of the county.

      [1911 Cr. Prac. § 22; RL § 6872; NCL § 10669]

      NRS 170.130  Breach of peace before magistrate; when security required.  Any person who, in the presence of a court or magistrate, assaults or threatens to assault another or to commit any offense against a person or property, or who shall contend with another with angry words, may be ordered by the court or magistrate to give security, as provided in NRS 170.090, or if the person refuses to do so, the person may be committed as provided in NRS 170.100.

      [1911 Cr. Prac. § 23; RL § 6873; NCL § 10670]

      NRS 170.140  Bond to keep peace: When broken.  A bond to keep the peace must be deemed broken when the person complained against is convicted of a breach of the peace.

      [1911 Cr. Prac. § 24; RL § 6874; NCL § 10671]

      NRS 170.150  Bond to keep peace: When and how prosecuted.  Upon the district attorney’s producing evidence of such conviction to the district court of the county, the court must order the bond to be prosecuted, and the district attorney must thereupon commence an action on the same, in the name of the State.

      [1911 Cr. Prac. § 25; RL § 6875; NCL § 10672]

      NRS 170.160  Allegation and evidence of breach.  In the action, the offense stated in the record of conviction must be alleged as the breach of the bond, and such record is conclusive evidence of the breach.

      [1911 Cr. Prac. § 26; RL § 6876; NCL § 10673]

      NRS 170.170  Security for peace or good behavior not required except in accordance with this chapter.  No security to keep the peace, or to be of good behavior, is required except as prescribed in this chapter.

      [1911 Cr. Prac. § 27; RL § 6877; NCL § 10674]