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Nevada Revised Statutes Title 5. Juvenile Justice § 62C.073. Citation for alcohol or marijuana offense; notification of parent or guardian of child

Current as of January 01, 2025 | Updated by Findlaw Staff

1. A peace officer may prepare and issue a citation in the same manner in which a traffic citation is prepared and issued pursuant to NRS 62C.070 if the child is stopped or otherwise detained by the peace officer for:

(a) A violation of NRS 202.020;

(b) A violation of a city or county ordinance relating to the consumption or possession of alcohol;

(c) A violation of subsection 4 of NRS 453.336 for possession of 1 ounce or less of marijuana; or

(d) A violation of a city or county ordinance relating to the possession of 1 ounce or less of marijuana.

2. If a child who is issued a citation pursuant to subsection 1 executes a written promise to appear in court by signing the citation, the peace officer:

(a) Shall deliver a copy of the citation to the child; and

(b) Shall not take the child into physical custody for the violation unless:

(1) The peace officer believes that there is an imminent risk to the safety of the child or an imminent risk of harm to the child; and

(2) The safety of the child will not be ensured by placing the child with:

(I) An adult relative of the child;

(II) A treatment facility; or

(III) A shelter designed to assist children who run away from their parent or guardian or are victims of sex trafficking, other than a shelter used for the protection of children pursuant to the provisions of chapter 432B of NRS.

3. If a child who is issued a citation refuses to execute a written promise to appear in court but physically receives a copy of the citation delivered by the peace officer:

(a) The receipt shall be deemed personal service of the notice to appear in court;

(b) A copy of the citation signed by the peace officer suffices as proof of service; and

(c) The peace officer shall not take the child into physical custody for the violation.

4. At the time that a child is issued a citation pursuant to subsection 1, the peace officer shall make reasonable attempts to notify a parent or guardian of the child, and a peace officer shall not take the child into custody by reason alone of being unable to contact the parent or child of the guardian.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 5. Juvenile Justice § 62C.073. Citation for alcohol or marijuana offense; notification of parent or guardian of child - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-5-juvenile-justice/nv-rev-st-62c-073/

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