NRS 200.230: Death Resulting From Overloading A Passenger Vehicle

Remember when you were a teenager and just got your driver’s license?

Perhaps you were the only one in your friend group with a driver’s license and a car. Despite our parents’ warnings about driving safely and avoiding overcrowding the car, how many of us actually listened? For most, the answer was no. We crammed as many friends as possible into our first car, no matter how cramped the space.

Heading out to a concert, riding to school, or driving down main street at the beach, we piled all of our friends in our cars not thinking at all about what could happen when there are more passengers than seatbelts.

Or when you have a pickup truck and the bed of that truck is filled with people driving through the desert or woods, safety definitely wasn’t at the top of your mind.

People just did it.

Overloading a boat with too many people is a common yet dangerous mistake, even among adults. Whether it’s for a party or a casual outing, packing a friend’s boat with extra passengers might seem harmless at the moment, especially since most people don’t own boats themselves. However, an overloaded vessel poses significant risks and can lead to serious accidents.

In many cases, the boat owner or operator doesn’t intend to harm anyone—especially friends or family. But intent doesn’t negate responsibility. If an overloaded boat results in someone’s death, those responsible could face criminal charges and severe consequences. It’s essential to prioritize safety and avoid overloading boats to protect everyone on board.

You should always speak with a lawyer if you are at risk of being charged with the death of another due to an overloaded vessel. If you or someone you know is charged with a crime, contact our team today.

What Can A Lawyer Do For Me?

If you are facing charges of the death of another due to an overloaded vessel, The Defenders can represent you and help you decide whether or not to fight the charges. 

The Defenders will draw up a strategic plan to fight the charges against you or negotiate with the prosecutors to get you the best plea deal possible if you can’t be acquitted of the charges. 

The Defenders will investigate the case against you to determine the best course of action. 

While a public defender can represent you at no cost, relying on one comes with certain risks. Public defenders are assigned to cases and often carry heavy workloads, which can limit the attention they dedicate to each client. In many instances, you may not even meet your assigned public defender until your initial court appearance.

The Defenders have access to expert witnesses that can provide expert testimony on your behalf, nothing that you will get with a public defender. Making the choice to hire an experienced lawyer like The Defenders can ensure the best possible outcome for serious charges like causing the death of another with an overloaded vessel. Even if you are not a resident of Nevada, you still need a lawyer who has the ability to practice law in Nevada to represent you. 

The Defenders have been representing clients from all over charged with many different types of crimes. Just because you didn’t intend to harm anyone doesn’t mean there won’t be consequences. 

The choice you make today could have serious consequences on your future. 

Call The Defenders today to discuss your case and what the possibilities are to defend against these charges.

What is NRS 200.230 in Nevada?

According to NRS 200.230, “a person navigating a vessel for gain who willfully or negligent receives so many passengers or such quantity of other lading on board that by means thereof the vessel sinks is overset or injured, and thereby a human being is drowned or otherwise killed, commit manslaughter and shall be punished.”

What Are The Penalties?

Penalties for any crime are very different depending on the circumstances of the case. In the case of NRS 200.230, you can be charged with manslaughter caused by overloading will depend on whether the vessel navigator was negligent or not. 

• If the operator was found negligent, they could be charged with a category D felony. The punishment for a Category D felony is up to 4 years in state prison and a fine of up to $5,000.
• If the navigator of the vessel willfully overloaded the vessel, they could be charged with a Category B Felony with penalties ranging from up to 10 years in prison and fines up to $10,000

Common Defenses Against NRS.200.230 

Causing the death of another from overloading a vessel can have serious consequences including many years in prison. 

Your legal defense team will work to create a strategic defense to fight the charges against you. 

The determining factors of the charges are if you were negligent or you willfully or intentionally overloaded the vessel.

Your lawyer will most likely try to defend against these charges trying to prove that:

1. There was no intent: If you did not willfully or intentionally overload the vessel and your lawyer can prove that it was just an accident or the vessel was not actually overloaded then the charges should be dismissed.
2. You were not negligent: If there was no negligence on your part as the navigator of the vessel and it can be proved that you had no negligent part in the death the charges should be dropped. 

This is why hiring an experienced defense team like The Defenders is so important. 

The Defenders can use all the tools at their disposal to disprove either intent or negligence therefore making the charges against you having to be dismissed.

What Should I Do If I’m Arrested In Nevada?

If you are arrested for any crime in Nevada, there are a few steps that we recommend that you take to make the process as easy as possible for you, as well as making getting out of custody easy and will help you going forward.

1. If you are arrested, comply with the officer’s request. Make sure you are reading your Miranda rights. Other than general information like your name, do not answer any questions. 
2. Make sure you are aware of what you are being charged with or questioned about.
3. Request a lawyer or call a lawyer. Answer no questions without legal counsel. As they say anything you say can be used against you.
4. Get out on bail: If bail is an option, contact a family member or friend to help out. Work with a bail bondsman to get you out on bail. You have a better option to work on your case from home than from jail. 
5. Work with your lawyer to come up with a strategic defense. Give your legal team any and all evidence and information related to your case.
6. Show up for all court appearances. Even though the court system moves slowly and some of the court appearances might seem mundane, you must attend everyone of them on time and dress appropriately for court. The court sees it as disrespectful to show up late or dress inappropriately.

No matter what the circumstances of the charges against you should always consider hiring a lawyer, these charges against you are serious and could land you in jail for many years. Always follow the rules of the court and what advice your attorney gives you. 

Complying with the guidance of the police, court, and lawyers can make navigating the process significantly smoother.

If you eventually do end up with a plea deal or even being convicted, you need to follow the penalties to the letter. 

This means paying all fines and restitution on time and fully. Also, any probation or parole rules need to be followed to the letter. If you fail to follow the penalties and sentencing rules you could end up back in prison.

Related Charges

Chapter 200 of the Nevada Revised Statutes (NRS) addresses crimes against individuals, detailing the definitions of various types of homicide and outlining the penalties for those who commit such offenses.

Under Nevada law, defendants can face charges and criminal penalties not only for intentionally causing a death but also for causing a death to occur accidentally or inadvertently. 

NRS 200.230 can be either a crime of intent or willfulness; it can also be a crime of accidental or inadvertence. 

Even though NRS 200 covers crimes against a person, it also covers a broad spectrum of other crimes including murder and killing in self defense. 

Some examples include:

1. NRS 200.150: Justifiable or excusable homicide 
2. NRS 200.200: Killing In Self Defense 
3. NRS 200.320: Kidnapping in the first degree

These are just a few examples of some of the laws that fall under this section.

These crimes are serious offenses. If you have been charged under any of these crimes including causing the death due to overloading a vessel, you need to speak with a lawyer right away. 

The Defenders have been representing clients in Nevada for years. 

Our track record speaks for itself. 

Call The Defenders today for a case review.

Frequently Asked Questions