AB 116
Accessory after the fact
EXHIBIT C Senate Committee on Judiciary
Date: 5-7-2013
Page: 1 of 11
AB 116
Classification of Parties to a Crime*
Principals
Accessories
*NRS 195.010
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AB 116
• NRS 195.030:
“Every person not standing in the relation of husband or wife,
brother or sister, parent or grandparent, child or grandchild, to the
offender, who:
1. After the commission of a felony harbors, conceals or aids such
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.
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• 1911 Crimes and Punishments Act.
• Definition has not been revisited or amended in
102 years.
• Case of Eric Preimesberger.
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• Victim:
• DOD:
• Method:
• Perpetrator:
• Crime:
• Sentenced:
Eric Preimesburger
April 24, 2010
Bludgeoning
Timothy Morgan
2nd Degree Murder
25 years to life
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Kristi Preimesberger
Wife to the victim,
Eric Preimesberger
Sister to perpetrator
Timothy Morgan
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Kristi admitted to:
•
•
•
•
•
Witnessing the murder of her husband;
Cleaning up the crime scene with her brother;
Assisted in moving her husband’s body into an SUV;
Moved the SUV multiple times to avoid detection;
Helped 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.
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Definition of “Accessory” prohibits Kristi from being charged as
an “Accessory.”
Questions Contemplated by AB 116:
• Should a relative be granted special exemptions under the
criminal law?
• What actions by relatives are reasonable, and what are
criminal?
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AB 116
AB 116 allows for a judicial process for those
relatives who:
Sec 1: 1: Destroys or conceals, or aids in the
destruction or concealment of, material evidence,
or harbors or conceals such 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…”
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• Changes to NRS 195.030:
“Every person not standing in the relation of husband, wife, brother
or sister, parent or grandparent, child or grandchild, or domestic
partner to the offender, who:
1. After the commission of a felony, destroys, or conceals, or aids in
the destruction or concealment of, material evidence, or
harbors, or 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. Brother or sister, parent or grandparent, child or grandchild to
the principal offender is guilty of a gross Misdemeanor.
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Current remedies allowed by law:
• Contempt of Court: NRS 22.100: $500
and up to 25 days in jail.
• Obstruction of Justice: Misdemeanor
Offence: NRS: 193.150 Up to 6 months in
jail and a $1,000 fine. Or, Community
Service.
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