1. Except as otherwise provided in NRS 193.169, a defendant who is found guilty of violating NRS 453.321 or 453.333 where:
(a) The use of the controlled substance by a person resulted in death or substantial bodily harm to the person;
(b) The defendant was in the presence of the injured person when the injured person manifested an adverse physical reaction to the controlled substance; and
(c) The defendant failed to render or seek necessary medical assistance for the injured person in a timely manner,
shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
(Added to NRS by 2003, 871)
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