Nevada Revised Statutes
Nev. Rev. Stat. § 175.201 (2026)
Presumption of innocence: Conviction of lowest degree of offense
✓ current as of July 2026
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NRS 175.201 Presumption of innocence: Conviction of lowest degree of
offense. Every person charged with
the commission of a crime shall be presumed innocent until the contrary is
proved by competent evidence beyond a reasonable doubt; and when an offense has
been proved against the person, and there exists a reasonable doubt as to which
of two or more degrees the person is guilty, the person shall be convicted only
of the lowest.
(Added to NRS by 1967, 1427)
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1980–2026 · leading case: Ogden v. State, 607 P.2d 576 (Nev. 1980).
Ogden v. State, 607 P.2d 576 (Nev. 1980). “Appellant next contends that his instruction, which comports with NRS 175.201, should have been given and that the trial court's failure to do so constitutes reversible error.”
Rice v. State, 949 P.2d 262 (Nev. 1997). “NRS 175.201 [1] requires not only that a jury must be instructed on the degrees of an offense, it also requires that the jury be instructed that if there is a reasonable doubt as to which degree is proven, the defendant is to be convicted of the lowest degree.”
Morgan v. State, 416 P.3d 212 (Nev. 2018). “The record demonstrates that the district court instructed the jury on the proper presumption of innocence and burden of proof shortly after the alleged error occurred.”
Wilmeth v. State, 610 P.2d 735 (Nev. 1980). “" [6] See NRS 175.201. The challenge to fight statute is only divided into degrees according to whether or not a weapon is used or a death occurs.”
Holliday v. McMullen, 756 P.2d 1179 (Nev. 1988). “A defendant charged with the commission of a crime and faced with the loss of his freedom, or worse, cherishes the significance of his presumed innocence.”
Starr v. State, 433 P.3d 301 (Nev. 2018). “191 ; NRS 175.201. Consequently, a defendant has no need for any inference suggesting innocence when his innocence is presumed throughout the trial.”
Smith (sophia) v. State, 142 Nev. Adv. Op. No. 26 (Nev. 2026). “" NRS 175.201. Applying the civil undue influence burden-shifting scheme into criminal trials would vitiate this presumption of innocence by allowing the jury to presume a defendant guilty of a crime upon a prima facie showing of undue influence by a quantum of proof less than…”
Morgan (john) Vs. State, 2018 NV 27 (Nev. 2018). “" (internal quotation marks omitted)); see also NRS 175.201 (providing that a criminal defendant is presumed innocent until the State proves otherwise beyond a reasonable doubt).”
Starr (brandon) Vs. State, 2018 NV 90 (Nev. 2018). “191; NRS 175.201. Consequently, a defendant has no need for any inference suggesting innocence when his innocence is presumed throughout COURT OF APPEALS OF NEVADA (0) 19473 6 the trial.”
Morgan (john) Vs. State, 2018 NV 27 (Nev. 2018). “" (internal quotation marks omitted)); see also NRS 175.201 (providing that a criminal defendant is presumed innocent until the State proves otherwise beyond a reasonable doubt).”
Starr v. State (Nev. 2018). “191; NRS 175.201. Consequently, a defendant has no need for any inference suggesting innocence when his innocence is presumed throughout COURT OF APPEALS OF NEVADA (0) 19473 6 the trial.”
Starr (brandon) Vs. State, 2018 NV 90 (Nev. 2018). “191; NRS 175.201. Consequently, a defendant has no need for any inference suggesting innocence when his innocence is presumed throughout COURT OF APPEALS OF NEVADA (0) 19473 6 the trial.”
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