Nevada Revised Statutes
Nev. Rev. Stat. § 175.501 (2026)
Jury may convict of lesser included offense or attempt
✓ current as of July 2026
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NRS 175.501 Jury may convict of lesser included offense or attempt. The defendant may be found guilty or guilty
but mentally ill of an offense necessarily included in the offense charged or
of an attempt to commit either the offense charged or an offense necessarily
included therein if the attempt is an offense.
(Added to NRS by 1967, 1431; A 2007, 1411)
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1970–2021 · leading case: Barton v. State, 30 P.3d 1103 (Nev. 2001).
Barton v. State, 30 P.3d 1103 (Nev. 2001). “NRS 175.501 provides that "[t]he defendant may be found guilty of an offense necessarily included in the offense charged .”
Rosas v. State, 147 P.3d 1101 (Nev. 2006). “Appellant was entitled to instruct the jury on the lesser-included offense NRS 175.501 provides: "The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included…”
Crawford v. State, 811 P.2d 67 (Nev. 1991). “Before addressing the basis for the error, we note that both the district court and the district attorney erroneously concluded that Attempt Sexual Assault is a lesser included offense to the crime of Sexual Assault.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “§ 29-2025 ; Nev. Rev. Stat. § 175.501 ; N.C. Gen. Stat.”
Hagans v. State, 559 A.2d 792 (Md. 1989). “§ 29-2025 (1985); Nev.Rev.Stat. § 175.501 (1986); N.J.Stat.”
Jackson v. State, 572 P.2d 927 (Nev. 1977). “Every person who shall attempt to take or drive away the vehicle of another without the intent to permanently deprive the owner thereof but without the consent of the owner shall be guilty of attempted unlawful taking of the vehicle.”
McKinnon v. State, 618 P.2d 1222 (Nev. 1980). “NRS 175.501. On the other hand, if the offense for which the defendant is found guilty is not necessarily included within the *822 offense charged, the conviction is void and must be set aside.”
Thedford v. Sheriff, Clark Cnty., 476 P.2d 25 (Nev. 1970). “The words ‘murder in the first degree’ are a legal conclusion. The facts alleged in the indictment and proof of trial determine degree.”
Miner v. Lamb, 464 P.2d 451 (Nev. 1970). “So long as an inference of criminal agency could be drawn, it was proper for the magistrate to draw it and leave to the jury at trial the determination of which expert witness was more credible. 2. While it is a close question on the record before the lower court and this court,…”
Slobodian v. State, 639 P.2d 561 (Nev. 1982). “THE PROPRIETY OF THE INSTRUCTION NRS 175.501 permits a defendant to be convicted of “an offense necessarily included in the offense charged.”
Wrenn v. Sheriff, Clark Cnty., 482 P.2d 289 (Nev. 1971). “2d 582 (1926); NRS 175.501. Thus there is no merit to the appellant’s contention that unless there is some direct and substantial proof of malice aforethought at the preliminary examination, an accused cannot be held on an open murder charge.”
Alotaibi (mazen) Vs. State, 2017 NV 81 (Nev. 2017). “NRS 175.501 provides that a "defendant may be found guilty.”
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