Nev. Rev. Stat. » NRS: CHAPTER 175 - TRIAL

Nev. Rev. Stat. § 175.547

Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined

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NRS 175.547  Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined.

      1.  In any case in which a defendant pleads or is found guilty or guilty but mentally ill of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of the prosecuting attorney’s intention to request such a hearing.

      2.  A hearing requested pursuant to subsection 1 must be conducted before:

      (a) The court imposes its sentence; or

      (b) A separate penalty hearing is conducted.

      3.  At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

      4.  The court shall enter its finding in the record.

      5.  For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was the person’s sexual gratification.

      (Added to NRS by 1995, 413; A 1997, 1666; 2007, 1412)

PENALTY HEARING FOR FIRST DEGREE MURDER

     

Notes of Decisions
Cited in 4 cases, 2000–2012 · leading case: The American Civil Liberties U v. Catherine Masto
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The American Civil Liberties U v. Catherine Masto (2012) ca9 · cites it 2× “See Nev.Rev.Stat. §§ 175.547, 207.193 (requiring a judicial hearing, the opportunity to present evidence, a “beyond a reasonable doubt” standard of proof, and an on-the-record-decision by the court).”
Gaines v. State (2000) nev · cites it 2× “410(17) (defining a sexual offense as “An offense that is determined to be sexually motivated pursuant to NRS 175.547 or NRS 207.193 [statutes mandating hearings]”).”
Austin v. State (2007) nev “560, if punished as a felony; (m) An attempt to commit an offense listed in paragraphs (a) to (1), inclusive, if punished as a felony; or (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193. 5 NRS 176A.”
Douglas v. State (2008) nev “(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547. *390 (o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.”
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