Nev. Rev. Stat. » NRS: CHAPTER 193 - CRIMINALITY GENERALLY
Nevada Revised Statutes

Nev. Rev. Stat. § 193.220 (2026)

When voluntary intoxication may be considered

✓ current as of July 2026
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NRS 193.220  When voluntary intoxication may be considered.  No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the fact of the person’s intoxication may be taken into consideration in determining the purpose, motive or intent.

      [1911 C&P § 17; RL § 6282; NCL § 9966]—(NRS A 1995, 2466; 2003, 1480)

     

Notes of Decisions
Cited in 31 cases (11 in the last 5 years), 1971–2026 · leading case: Finger v. State, 27 P.3d 66 (Nev. 2001).
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Finger v. State, 27 P.3d 66 (Nev. 2001). · cites it 32× “Insanity as it relates to liability for a *71 criminal offense is now found only in NRS 193.220, which provides that: No act committed by a person while in a state of insanity or voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the…”
State v. Campos, 921 P.2d 1266 (N.M. 1996). · cites it 2× “, Idaho Code § 18-116 (1979); Nev.Rev.Stat. § 193.220 (1981); S.D.Codified Laws Ann.”
Nevius v. State, 699 P.2d 1053 (Nev. 1985). · cites it 2× “See NRS 193.220. Appellant’s argument ignores the fact that the jury could have predicated first degree murder liability on a felony murder theory, based in turn on the general intent felony of robbery.”
Kassa (abebaw) Vs. State, 2021 NV 16 (Nev. 2021). · cites it 10× “) This instruction is based in large part on NRS 193.220; the additional language regarding the interplay between voluntary intoxication and NGRI defenses is from Fisko, 58 Nev.”
Garner v. State, 6 P.3d 1013 (Nev. 2000). · cites it 2× “*785 The district court rejected an instruction on voluntary intoxication offered by Garner based on NRS 193.220. 4 The State objected to instructing on voluntary intoxication, but provided the following instruction, which the district court gave as Instruction No.”
Tucker v. State, 553 P.2d 951 (Nev. 1976). · cites it 2× “NRS 193.220. 3 We presume the jury did so.”
Winnerford Frank H. v. State, 915 P.2d 291 (Nev. 1996). · cites it 2× “220 defines a person who is considered of sound mind as one who "has arrived at the age of 14 years, or before that age, if such person knew the distinction between good and evil." The circumstances connected with the alleged offense have been previously described—these children…”
Winnerford v. State, 915 P.2d 291 (Nev. 1996). · cites it 2× “” The circumstances connected with the alleged offense have been previously described — these children were playing a game.”
Laursen v. State, 634 P.2d 1230 (Nev. 1981). · cites it 2× “Whenever a criminal defendant is voluntarily intoxicated during the commission of a crime requiring premeditation and deliberation, the fact that he was intoxicated can be considered by the jury to determine whether he acted with premeditation and deliberation.”
Allen v. State, 609 P.2d 321 (Nev. 1980). “Appellant also argues that the prosecutor’s arguments were improper and require reversal. This contention is without merit. The jury was properly instructed as to the State’s burden of proof, the intent required for robbery, and the defense of intoxication.”
Jackson v. Warden, Nevada State Prison, 537 P.2d 473 (Nev. 1975). “NRS 193.220. The record before us indicates that petitioner, an Indian with a fourth-grade education, had been drinking for some 20 hours before the incident, much of that time with his friend, the victim, and that he had no recollection of tire event.”
Vincent v. State, 625 P.2d 1172 (Nev. 1981). “NRS 193.220 reads as follows: No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a…”
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