NRS383.180. 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 is guilty of a gross misdemeanor and 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 364 days.

      2.  A person who fails to notify the Office of the discovery and location of an Indian burial site in violation of NRS 383.170 is guilty of a gross misdemeanor and 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 364 days.

      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; 2013, 983)