383.180 - Prohibited acts; penalties; exceptions.
383.180 Prohibited acts; penalties; exceptions.
1. Except as otherwise provided in NRS 383.170, a person who willfully removes, mutilates, defaces, injures or destroys the cairn or grave of a native Indian shall be punished by a fine of $500 for the first offense, or by a fine of not more than $3,000 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 1 year.
2. A person who fails to notify the Division of the discovery and location of an Indian burial site in violation of NRS 383.170 shall be punished by a fine of $500 for the first offense, or by a fine of not more than $1,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 1 year.
3. A person who:
(a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by NRS 383.170;
(b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or
(c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,
Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. This section does not apply to:
(a) The possession or sale of an artifact:
(1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or
(2) Removed from the cairn or grave of a native Indian by other than human action; or
(b) Action taken by a peace officer in the performance of his or her duties.
(Added to NRS by 1989, 574; A 1993, 929; 1995, 1271)