Furnishing Telephones to Prisoners – NRS 212.165

Overview

Furnishing telephones to prisoners is addressed under Nevada Revised Statute (NRS) 212.165, which prohibits the unauthorized provision of communication devices to incarcerated individuals. This law is essential for maintaining security and order within correctional facilities. Understanding the implications of this statute is crucial for legal professionals, family members of prisoners, and individuals involved in criminal justice.

Definition of Furnishing Telephones to Prisoners

Under NRS 212.165, “furnishing telephones to prisoners” refers to the act of providing or facilitating the provision of telephone devices or similar communication tools to individuals incarcerated in a correctional facility without authorization. Key components of the law include:

1. Unauthorized Provision: The statute specifically targets individuals who supply phones or other communication devices to prisoners without permission from the appropriate authorities.
2. Communication Devices: This includes not only traditional telephones but also any devices capable of enabling communication, such as mobile phones, tablets, or other electronic devices.
3. Prisoner Interaction: The law recognizes the potential risks and disruptions that unauthorized communication devices can pose to the prison environment.

Legal Requirements for Prosecution

To secure a conviction for furnishing telephones to prisoners under NRS 212.165, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of a Communication Device: The prosecution must establish that the accused provided or facilitated the provision of a telephone or communication device to a prisoner.
2. Lack of Authorization: It must be shown that the accused acted without the necessary permission from prison authorities to provide the device.
3. Knowledge of the Act: The accused must have known that they were providing a device to a prisoner, indicating intent.

Related Offenses

Furnishing telephones to prisoners is related to several other offenses, including:

• Contraband – NRS 209.171: Involves the possession or introduction of prohibited items into a correctional facility, including phones and other communication devices.
• Conspiracy to Commit a Crime – NRS 199.480: If multiple individuals are involved in the act of providing unauthorized communication devices, they may face conspiracy charges.
• Obstruction of Justice – NRS 197.190: Engaging in acts that interfere with law enforcement or prison operations, which can include supplying phones to inmates.

Examples of Furnishing Telephones to Prisoners Offenses

To illustrate how NRS 212.165 is applied, consider these examples:

• Example 1: A family member sneaks a mobile phone into a correctional facility during a visitation, intending for the inmate to use it to communicate with the outside world. This act can lead to charges under NRS 212.165.
• Example 2: An individual is caught selling phone cards to inmates, which can be used to access communication devices inside the prison. This behavior can also result in charges for furnishing telephones to prisoners.

Penalties for Furnishing Telephones to Prisoners

The penalties for violating NRS 212.165 can be significant:

• Category C Felony: Furnishing telephones to prisoners is typically charged as a Category C felony, which carries:
  • Imprisonment: 1 to 5 years in the Nevada Department of Corrections.
  • Fines: Up to $10,000.
• Enhanced Penalties: If the act of furnishing devices leads to further criminal activity or poses a substantial risk to the safety of the facility, the penalties may be increased.

Defenses Against Charges

If you are facing charges for furnishing telephones to prisoners under NRS 212.165, several defenses may apply:

1. Lack of Knowledge: Demonstrating that the accused did not know that the act of providing the device was unauthorized can be a strong defense.
2. Mistaken Identity: If the accused can prove that they were not the person involved in the act of furnishing a device, this can lead to dismissal of the charges.
3. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused knowingly engaged in furnishing telephones to prisoners, the charges may be dismissed.
4. Legitimate Purpose: If the accused can show that they were attempting to provide legitimate assistance to the prisoner (e.g., legal communication), this may be a defense against the charges.

The Importance of Legal Representation

Navigating the complexities of furnishing telephones 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 cases involving contraband and prison-related offenses equips him to provide a robust defense against charges under NRS 212.165.

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 telephones to prisoners.

Understanding Your Rights

If you are accused of furnishing telephones 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 212.165 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.