Assembly Committee: Judiciary Exhibit: G Page 1 of 12 Date: 02/26/13 Submitted by: Assemblywoman Teresa Benitez-Thompson Accessory After the Fact Classification of Parties to a Crime* G-2 Principals *NRS 195.010 Accessories NRS 195.030: “Every person not standing in the relation of husband, wife, brother or G-3 sister, parent or grandparent, child or grandchild, to the offender who: 1. After the commission of a felony harbors, conceals or aids such an offender with intent that the offender may avoid or escape from arrest, trial conviction or punishment, having knowledge that such offender has committed a felony or is liable to arrest, is an accessory to the felony. 2. After the commission of a gross misdemeanor harbors, conceals or aid such an offender with intent that the offender may avoid escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor. 1911 Crimes and Punishments Act Definition G-4 has not been revisited or amended in 102 years. Case of Eric Preimesberger Victim: DOD: G-5 Method: Perpetrator: Crime: Sentenced: Eric Preimesburger April 24, 2010 Bludgeoning Timothy Morgan 2nd Degree Murder 25 years to life Kristi Preimesberger G-6 Wife to the victim, Eric Preimesberger Sister to perpetrator Timothy Morgan Kristi admitted in court to: • Witnessing the death of her husband; • Cleaning up the crime scene with her brother; G-7 • Helped move her husband’s body into an SUV; • Moved the SUV multiple times to avoid detection; • Helping to purchase a large freezer that would become Eric’s coffin; • Concealed Timothy’s whereabouts during the police’s investigation; • Maintained her husband had left on his own accord. Question Contemplated by AB 116: Definition G-8 of “Accessory” prohibits Kristi from being charged as an “Accessory.” Should a relative be granted special exemptions under the criminal law? What actions by relatives are reasonable, and what are criminal? G-9 To be clear, the intent of this bill is NOT to punish a well-meaning relative, who does not harbor and conceal or aid their loved in order to avoid arrest, trial, conviction or punishment! “Aid” Example: An adult grandchild calls their Grandparent and says, “I shot a man in Reno just to watch him die. I need help.” G-10 ALL GOOD: Grandparent councils their grandson to turn himself into the police. The Grandparents call a lawyer and arranges for the lawyer to meet their grandson. NOT GOOD: Grandparent grabs a shovel & helps to bury the body. “Harbor” Example: An adult male child arrives at his parent’s house. He tells them a drug deal went bad, and he beat a person to death. A recreational drug user, he is shaken by the occurrence. G-11 ALL GOOD: The parents are angry. They allow their son to stay the night, then kick him out the next morning. They do not call the police. Instead, they go to church to pray for their son. NOT GOOD: Mom burns her son’s blood soaked clothing. Meanwhile Dad gets $1,000 in cash from the ATM and buys his son a one-way bus ticket out of town. Ongoing work to address sentencing for relatives under this provision. G-12 Ongoing work to better define “aid.”
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