1. For the purposes of this section, a dog is:
(1) It is so declared pursuant to subsection 2; or
(2) Without provocation, on two separate occasions within 18 months, it behaved menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog was:
(I) Off the premises of its owner or keeper; or
(II) Not confined in a cage, pen or vehicle.
(b) “Provoked” when it is tormented or subjected to pain.
(c) “Vicious” if:
(1) Without being provoked, it killed or inflicted substantial bodily harm upon a human being; or
(2) After its owner or keeper had been notified by a law enforcement agency that the dog is dangerous, the dog continued the behavior described in paragraph (a).
2. A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.
3. A dog may not be found dangerous or vicious :
(a) Based solely on the breed of the dog; or
(b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.
4. A person who knowingly:
(a) Owns or keeps a vicious dog, for more than 7 days after the person has actual notice that the dog is vicious; or
(b) Transfers ownership of a vicious dog after the person has actual notice that the dog is vicious,
is guilty of a misdemeanor.
5. If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.
6. A local authority shall not adopt or enforce an ordinance or regulation that deems a dog dangerous or vicious based solely on the breed of the dog.
7. This section does not apply to a dog used by a law enforcement officer in the performance of his or her duty.
8. As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances or promulgate regulations relating to dogs.
Added by C&P (1911), § 176. NRS amended by Laws 1967, p. 488; Laws 1993, p. 2887; Laws 1995, p. 1209; Laws 2013, c. 121, § 1.