Nev. Rev. Stat. » NRS: CHAPTER 175 - TRIAL
Nevada Revised Statutes

Nev. Rev. Stat. § 175.181 (2026)

Instruction not to be given relative to failure of defendant to testify

✓ current as of July 2026
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NRS 175.181  Instruction not to be given relative to failure of defendant to testify.

      1.  No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by the Constitution, no person can be compelled, in a criminal action, to be a witness against himself or herself.

      2.  Nothing herein contained shall be construed as compelling any such person to testify.

      (Added to NRS by 1967, 1427)

     

Notes of Decisions
Cited in 5 cases, 1976–1985 · leading case: Carter v. Kentucky, 450 U.S. 288 (1981).
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Carter v. Kentucky, 450 U.S. 288 (1981). · cites it 2× “2d 795, 798 , Nev. Rev. Stat. § 175.181 (1979); Oklahoma, see Brannin v.”
Jones v. State, 707 P.2d 1128 (Nev. 1985). · cites it 4× “Until Carter compelled state courts to give a cautionary instruction, if requested, we consistently held that an instruction elaborating on the language of NRS 175.181 was properly rejected. See Theriault v.”
Theriault v. State, 547 P.2d 668 (Nev. 1976). · cites it 2× “Theriault also claims the court erred in refusing to give an instruction regarding Theriault’s failure to produce evidence on his behalf.”
Franklin v. State, 646 P.2d 543 (Nev. 1982). “1 Appellant’s counsel expressly declined a related instruction, which, if requested, must be given pursuant to NRS 175.181. The statutory instruction provides: [I]n accordance with a right guaranteed by the constitution, no person can be compelled in a criminal action to be a…”
McKenna v. State, 618 P.2d 348 (Nev. 1980). “181(1) provides: “No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by…”
— Nev. Rev. Stat. § 175.181(1) — 2 cases
Jones v. State, 707 P.2d 1128 (Nev. 1985). “Until Carter compelled state courts to give a cautionary instruction, if requested, we consistently held that an instruction elaborating on the language of NRS 175.181 was properly rejected. See Theriault v.”
McKenna v. State, 618 P.2d 348 (Nev. 1980). “181(1) provides: “No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by…”
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