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1. Except as otherwise provided in subsection 2, whenever any person is halted by a game warden, sheriff or peace officer for any violation of this chapter, the person:

(a) Must, except as otherwise provided in paragraph (b), be given a citation, if the violation is punishable as a misdemeanor; or

(b) May, in the discretion of the game warden, sheriff or peace officer either be given a citation or be taken without unnecessary delay before the proper magistrate, if the violation is punishable as:

(1) A felony or gross misdemeanor; or

(2) A misdemeanor that constitutes a repeat offense or a prohibited offense.

2. A person described in subsection 1 must be taken before the proper magistrate in either of the following cases:

(a) When the person does not furnish satisfactory evidence of identity; or

(b) When the game warden, sheriff or peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.

3. As used in this section:

(a) “Prohibited offense” means:

(1) A crime of violence as defined in NRS 200.408.

(2) A violation of NRS 488.410.

(b) “Repeat offense” means an offense for which the person has previously been arrested, convicted or issued a citation.

(Added to NRS by 1971, 830; A 2021, 3469)