Furnishing Weapons, Drugs, or Alcohol to Prisoners – NRS 212.160

Overview

Furnishing weapons, drugs, or alcohol to prisoners is a serious offense under Nevada Revised Statute (NRS) 212.160. This law addresses the unlawful provision of prohibited items to individuals incarcerated in correctional facilities, which poses significant risks to safety and security within these institutions. Understanding the implications of this statute is crucial for legal professionals, family members of prisoners, and individuals involved in the criminal justice system.

Definition of Furnishing Weapons, Drugs, or Alcohol to Prisoners

Under NRS 212.160, “furnishing weapons, drugs, or alcohol to prisoners” refers to the act of providing or attempting to provide any prohibited items to inmates without authorization from the appropriate authorities. Key components of the law include:

1. Prohibited Items: The statute specifically targets weapons, controlled substances, and alcoholic beverages. These items are considered contraband within correctional facilities.
2. Intent to Provide: The act involves knowingly providing these items or facilitating their introduction into a prison or jail.
3. Security Risks: The law recognizes the dangers that such items can pose to both prison staff and inmates, as well as the potential for further criminal activity.

Legal Requirements for Prosecution

To secure a conviction for furnishing weapons, drugs, or alcohol to prisoners under NRS 212.160, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of Prohibited Items: The prosecution must establish that the accused provided or attempted to provide weapons, drugs, or alcohol to a prisoner.
2. Knowledge of the Act: It must be shown that the accused acted with the knowledge that they were providing prohibited items to an incarcerated individual.
3. Unauthorized Provision: The prosecution must demonstrate that the accused did not have the necessary permission from prison authorities to furnish these items.

Related Offenses

Furnishing weapons, drugs, or alcohol to prisoners is related to several other offenses, including:

• Contraband – NRS 209.171: Involves possessing or introducing prohibited items into a correctional facility, including weapons and controlled substances.
• Obstruction of Justice – NRS 197.190: Engaging in acts that interfere with law enforcement or prison operations, including supplying contraband to inmates.
• Conspiracy to Commit a Crime – NRS 199.480: If multiple individuals are involved in the act of providing prohibited items, they may face conspiracy charges.

Examples of Furnishing Offenses

To illustrate how NRS 212.160 is applied, consider these examples:

• Example 1: A family member attempts to smuggle drugs into a correctional facility during a visit, hiding them in a personal item. This act can lead to charges under NRS 212.160.
• Example 2: An employee at a correctional facility is caught providing alcohol to inmates, violating the law and security protocols. This behavior can also result in charges for furnishing prohibited items.

Penalties for Furnishing Offenses

The penalties for violating NRS 212.160 can be significant:

• Category B Felony: Furnishing weapons, drugs, or alcohol to prisoners is typically charged as a Category B felony, which carries:
  • Imprisonment: 2 to 15 years in the Nevada Department of Corrections.
  • Fines: Up to $10,000.
• Enhanced Penalties: If the act involves large quantities of drugs or weapons or if the individual has prior convictions, the penalties may be increased.

Defenses Against Charges

If you are facing charges for furnishing weapons, drugs, or alcohol to prisoners under NRS 212.160, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intention to provide prohibited items can be a strong defense. If the accused believed their actions were legitimate or authorized, this may mitigate liability.
2. Improper Search or Seizure: If the items were obtained through an unlawful search or if the accused’s rights were violated during the investigation, this may lead to a dismissal of charges.
3. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused knowingly furnished the prohibited items, the charges may be dismissed.
4. Mistaken Identity: If the accused can prove they were not involved in the act of furnishing prohibited items, this can lead to a dismissal of charges.

The Importance of Legal Representation

Navigating the complexities of furnishing weapons, drugs, or alcohol to prisoners charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling contraband and prison-related offenses equips him to provide a robust defense against charges under NRS 212.160.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving furnishing prohibited items to prisoners.

Understanding Your Rights

If you are accused of furnishing weapons, drugs, or alcohol to prisoners, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges under NRS 212.160 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.