Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.
1. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.322, 453.3385 or 453.3395 where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:
(a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the University and Community College System of Nevada, playground, public park, public swimming pool or recreational center for youths;
(b) In the presence of a person who is less than 18 years of age; or
(c) In a manner which creates a great risk of death or substantial bodily harm to another person,
Ê shall 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” has the meaning ascribed to it in NRS 453.3345.
(b) “Recreational center for youths” has the meaning ascribed to it in NRS 453.3345.
(c) “Residence” means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113, or mobile home as defined in NRS 489.120, that is designed or intended for occupancy.
Last modified: February 26, 2006