NRS
175.533 Finding of guilty but mentally ill upon plea of not guilty by
reason of insanity; required findings; effect of finding.
1. During a trial, upon a plea of not
guilty by reason of insanity, the trier of fact may find the defendant guilty
but mentally ill if the trier of fact finds all of the following:
(a) The defendant is guilty beyond a reasonable
doubt of an offense;
(b) The defendant has established by a
preponderance of the evidence that due to a disease or defect of the mind, the
defendant was mentally ill at the time of the commission of the offense; and
(c) The defendant has not established by a
preponderance of the evidence that the defendant is not guilty by reason of
insanity pursuant to subsection 6 of NRS
174.035.
2. Except as otherwise provided by
specific statute, a defendant who is found guilty but mentally ill is subject
to the same criminal, civil and administrative penalties and procedures as a
defendant who is found guilty.
3. If the trier of fact finds a defendant
guilty but mentally ill pursuant to subsection 1, the court shall cause, within
5 business days after the finding, on a form prescribed by the Department of
Public Safety, a record of the finding to be transmitted to the Central
Repository for Nevada Records of Criminal History, along with a statement
indicating that the record is being transmitted for inclusion in each
appropriate database of the National Instant Criminal Background Check System.
4. As used in this section:
(a) “Disease or defect of the mind” does not
include a disease or defect which is caused solely by voluntary intoxication.
(b) “National Instant Criminal Background Check
System” has the meaning ascribed to it in NRS
179A.062.
(Added to NRS by 2007,
1410; A 2009,
2485; 2015,
1796; 2017,
1247)
ACQUITTAL
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 2014–2026 · leading case:
Hager v. State, 447 P.3d 1063 (Nev. 2019).
Hager v. State, 447 P.3d 1063 (Nev. 2019).
“035(9) (same, for a defendant from whom a court accepts a plea of guilty but mentally ill); NRS 175.533(3) (same, for a defendant who is found guilty but mentally ill); NRS 175.”
Kassa (abebaw) Vs. State, 2021 NV 16 (Nev. 2021).
· cites it 2× “NRS 175.533 allows a jury to find a defendant GBMI when the jury finds the defendant guilty beyond a reasonable doubt of the offense, and that "due to a disease or defect of the mind, the defendant was mentally ill at the time of the commission of the offense," though falling…”
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026).
· cites it 9× “539, nor the statutes governing sentencing after a GBMI conviction, NRS 175.533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
Hager (ian) Vs. State, 2019 NV 34 (Nev. 2019).
· cites it 2× “035(9) (same, for a defendant from whom a court accepts a plea of guilty but mentally ill); NRS 175.533(3) (same, for a defendant who is found guilty as defined in NRS 179D.”
Maldonado (Elita) v. State (Nev. 2017).
“" NRS 175.533(1) provides that, "[d]uring a trial, upon a plea of not guilty by reason of insanity, the trier of fact may find the defendant guilty but mentally ill if' certain conditions are met.”
State v. Dist. Ct. Grant (Gregory) (Nev. 2014).
“Moreover, as Grant did not pursue a plea of not guilty by reason of insanity or guilty but mentally ill at trial, he could not be found guilty but mentally ill at the conclusion of the trial.”
Nev. Rev. Stat. § 175.533(1): 2 cases
Maldonado (Elita) v. State (Nev. 2017).
“" NRS 175.533(1) provides that, "[d]uring a trial, upon a plea of not guilty by reason of insanity, the trier of fact may find the defendant guilty but mentally ill if' certain conditions are met.”
State v. Dist. Ct. Grant (Gregory) (Nev. 2014).
“Moreover, as Grant did not pursue a plea of not guilty by reason of insanity or guilty but mentally ill at trial, he could not be found guilty but mentally ill at the conclusion of the trial.”
Nev. Rev. Stat. § 175.533(2): 1 case
Silvanus (damien) v. State (Crim.), 142 Nev. Adv. Op. No. 15 (Nev. 2026).
“539, nor the statutes governing sentencing after a GBMI conviction, NRS 175.533 and NRS 176.057, specify how civil commitment and incarceration should be sequenced in cases with split GBMI and NGRI verdicts, the district court retains discretion to determine the proper sentence.”
Nev. Rev. Stat. § 175.533(3): 2 cases
Hager v. State, 447 P.3d 1063 (Nev. 2019).
“035(9) (same, for a defendant from whom a court accepts a plea of guilty but mentally ill); NRS 175.533(3) (same, for a defendant who is found guilty but mentally ill); NRS 175.”
Hager (ian) Vs. State, 2019 NV 34 (Nev. 2019).
“035(9) (same, for a defendant from whom a court accepts a plea of guilty but mentally ill); NRS 175.533(3) (same, for a defendant who is found guilty as defined in NRS 179D.”
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