Nevada Revised Statutes 62C.073 – Citation for alcohol or marijuana offense; notification of parent or guardian of child
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:
Terms Used In Nevada Revised Statutes 62C.073
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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.