Murder is the unlawful killing of a human being: 1. With malice aforethought, either express or implied; 2. Caused by a controlled substance which was sold, given, traded or otherwise made available to a person in violation of chapter 453 of NRS; or 3. Caused by a violation of NRS 453.3325. The unlawful killing may […]
1. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. 2. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. [1911 C&P § 120; A […]
1. Murder of the first degree is murder which is: (a) Perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing; (b) Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a […]
The only circumstances by which murder of the first degree may be aggravated are: 1. The murder was committed by a person under sentence of imprisonment. 2. The murder was committed by a person who, at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been […]
Murder of the first degree may be mitigated by any of the following circumstances, even though the mitigating circumstance is not sufficient to constitute a defense or reduce the degree of the crime: 1. The defendant has no significant history of prior criminal activity. 2. The murder was committed while the defendant was under the […]
1. Manslaughter is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation. 2. Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act, or a lawful […]
1. In cases of voluntary manslaughter, there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing. 2. Voluntary manslaughter does not include vehicular manslaughter […]
The killing must be the result of that sudden, violent impulse of passion supposed to be irresistible; for, if there should appear to have been an interval between the assault or provocation given and the killing, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge […]
1. Except under the circumstances provided in NRS 484B.550 and 484B.653, involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in […]
A person convicted of the crime of voluntary manslaughter is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of […]
A person convicted of involuntary manslaughter is guilty of a category D felony and shall be punished as provided in NRS 193.130. [1911 C&P § 126 1/2; added 1937, 103; 1931 NCL § 10073.01]—(NRS A 1967, 468; 1995, 1182)
1. If the injury be inflicted in one county, and the party die within another county, or without the State, the accused shall be tried in the county where the act was done, or the cause of death administered. 2. If the party killing shall be in one county, and the party killed in another […]
1. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or a person, against one who manifestly intends or endeavors to commit a crime of violence, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, […]
1. A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, is not sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under […]
1. Homicide is justifiable when committed by a peace officer, or person acting under the command and in the aid of the peace officer, in the following cases: (a) In obedience to the judgment of a competent court. (b) When necessary to overcome actual resistance to the execution of the legal process, mandate or order […]
All other instances which stand upon the same footing of reason and justice as those enumerated shall be considered justifiable or excusable homicide. [1911 C&P § 132; RL § 6397; NCL § 10079]
Homicide is also justifiable when committed: 1. In the lawful defense of the slayer, or his or her spouse, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a […]
The killing of the deceased named in the indictment or information by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or […]
1. Excusable homicide by misadventure occurs when: (a) A person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a person is at work with an ax and the head flies off and kills a bystander; or (b) An officer punishing a criminal happens to occasion death, which […]
The homicide appearing to be justifiable or excusable, the person indicted shall, upon trial, be fully acquitted and discharged. [1911 C&P § 136; RL § 6401; NCL § 10083]