Nevada Legislation

Nevada State Laws

Illicit Drug Poisoning Resulting in Death

NRS 453.333:
- This statute imposes severe penalties on individuals who distribute controlled substances that directly lead to someone’s death.
- If convicted, the offender faces charges equivalent to a Category A felony, which may include life imprisonment with or without the possibility of parole, depending on the case specifics.

Failure to Render Aid or Call 911

Nevada law does not explicitly criminalize the failure to render aid during an emergency, including illicit drug poisonings. However:
- If a person’s failure to act contributes to someone’s death, they could face charges under other statutes, such as involuntary manslaughter or negligence-related crimes.
- Civil liabilities might also apply if a duty of care can be established.

Tampering with Evidence

NRS 199.220:
- Destroying, altering, or concealing evidence, including in cases of drug poisoning deaths, is a criminal offense under this statute.
- Penalties can include felony charges, with imprisonment depending on the severity of the obstruction.

Good Samaritan Law

NRS 453C.150:
- Protects individuals who seek medical help during a drug-related emergency.
- Immunity applies to minor drug possession and paraphernalia charges if the person calls 911 or otherwise seeks assistance in good faith.
- Limitations:
  - Does not shield individuals from prosecution for more serious offenses, such as drug trafficking or tampering with evidence.

Federal Laws

Illicit Drug Distribution Resulting in Death

21 U.S.C. § 841(b)(1)(C):
- Distributing a controlled substance that causes death carries enhanced penalties.
- Mandatory minimum sentence: 20 years to life imprisonment.
- Applies even if the distributor did not directly administer the substance.

Failure to Act (Negligence in Federal Cases)

While federal law does not explicitly criminalize the failure to call for medical assistance, such inaction can contribute to other charges in cases where there is a duty to act, such as by a caretaker.

Tampering with Evidence

18 U.S.C. § 1512:
- Obstructing justice by tampering with or destroying evidence is a federal offense.
- Penalties vary but often include significant prison time.

Important Notes

Good Samaritan Protections: These laws are designed to encourage individuals to seek emergency assistance without fear of prosecution for minor offenses. They do not extend to actions such as dealing drugs, tampering with evidence, or other felonies.
Prosecution Determinants: Charges often depend on evidence of intent, recklessness, or negligence in the distribution or response to the poisoning.