Nev. Rev. Stat. » NRS: CHAPTER 194 - PERSONS LIABLE TO PUNISHMENT FOR CRIME
Nevada Revised Statutes

Nev. Rev. Stat. § 194.010 (2026)

Persons capable of committing crimes

✓ current as of July 2026
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NRS 194.010  Persons capable of committing crimes.  All persons are liable to punishment except those belonging to the following classes:

      1.  Children under the age of 8 years.

      2.  Children between the ages of 8 years and 10 years, unless the child is charged with murder or a sexual offense as defined in NRS 62F.100.

      3.  Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.

      4.  Persons who committed the act charged or made the omission charged in a state of insanity.

      5.  Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.

      6.  Persons who committed the act charged without being conscious thereof.

      7.  Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.

      8.  Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.

      [1911 C&P § 3; RL § 6268; NCL § 9952]—(NRS A 1979, 145; 1981, 1660; 1995, 2467; 2001 Special Session, 136; 2003, 1480; 2015, 787)

     

Notes of Decisions
Cited in 45 cases (3 in the last 5 years), 1969–2026 · leading case: Blake v. State, 121 P.3d 567 (Nev. 2005).
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Blake v. State, 121 P.3d 567 (Nev. 2005). · cites it 8× “The district court disagreed and informed counsel that Blake had to indicate whether he intended to proceed with a plea of not guilty by reason of insanity but that he would be allowed to argue the defenses set forth in NRS 194.010. Blake then entered a plea of not guilty by…”
Finger v. State, 27 P.3d 66 (Nev. 2001). · cites it 8× “NRS 194.010 provided, in part, that: All persons are liable to punishment except those belonging to the following classes: 1.”
Cabrera (ivonne) Vs. State, 2019 NV 65 (Nev. 2019). · cites it 24× “As codified in NRS 194.010(8), duress cannot be asserted as a defense to a crime that "is punishable with death.”
Clark v. Arizona, 548 U.S. 735 (2006). · cites it 2× “2d 359 , 378–379 (2002); Nev. Rev. Stat. §194.010 (2003); Finger v.”
City of Las Vegas v. Eighth Jud. Dist. Court of the State of Nevada, 59 P.3d 477 (Nev. 2002). · cites it 4× “190 [31] and NRS 194.010. [32] We reject the City's invitation to construe the statute in a manner that renders it constitutional.”
Cote v. Eighth Jud. Dist. Court, 175 P.3d 906 (Nev. 2008). · cites it 2× “210, and NRS 194.010, it is clear that the Legislature did not intend for NRS 201.”
Winnerford Frank H. v. State, 915 P.2d 291 (Nev. 1996). · cites it 7× “NRS 194.010 provides in pertinent part that All persons are liable to punishment except those belonging to the following classes: .”
Winnerford v. State, 915 P.2d 291 (Nev. 1996). · cites it 7× “NRS 194.010 provides in pertinent part that All persons are liable to punishment except those belonging to the following classes: 2.”
Naovarath v. State, 779 P.2d 944 (Nev. 1989). · cites it 2× “According to NRS 194.010 "[c]hildren between eight years and fourteen years are presumed incapable of committing crimes unless there is clear proof that they knew of the act's wrongfulness at the time it was committed.”
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). · cites it 2× “031(1) (1999); Nev.Rev. Stat. § 194.010(4) (1999); N.H.Rev.”
Elvik v. State, 965 P.2d 281 (Nev. 1998). · cites it 3× “Elvik’s proposed instruction was based on NRS 194.010, which provides, in pertinent part: All persons are liable to punishment except those belonging to the following classes: 2.”
Jenkins v. State, 877 P.2d 1063 (Nev. 1994). · cites it 3× “NRS 194.010 Persons capable of committing crimes.”
Show all 45 citing cases →
— Nev. Rev. Stat. § 194.010(1) — 1 case
State v. Eighth Jud. Dist. Ct. (Logan D.) (Nev. 2013).
— Nev. Rev. Stat. § 194.010(2) — 5 cases
Winnerford Frank H. v. State, 915 P.2d 291 (Nev. 1996). “NRS 194.010 provides in pertinent part that All persons are liable to punishment except those belonging to the following classes: .”
Winnerford v. State, 915 P.2d 291 (Nev. 1996). “NRS 194.010 provides in pertinent part that All persons are liable to punishment except those belonging to the following classes: 2.”
Poole v. State, 625 P.2d 1163 (Nev. 1981).
Peter Elvik v. Renee Baker, 660 F. App'x 538 (9th Cir. 2016).
Peter Elvik v. Renee Baker (9th Cir. 2016).
— Nev. Rev. Stat. § 194.010(3) — 3 cases
Blake v. State, 121 P.3d 567 (Nev. 2005). “The district court disagreed and informed counsel that Blake had to indicate whether he intended to proceed with a plea of not guilty by reason of insanity but that he would be allowed to argue the defenses set forth in NRS 194.010. Blake then entered a plea of not guilty by…”
In Re: K. S.-l. (Nev. 2021).
Gray (Duane) v. State (Nev. 2014).
— Nev. Rev. Stat. § 194.010(4) — 5 cases
Blake v. State, 121 P.3d 567 (Nev. 2005). “The district court disagreed and informed counsel that Blake had to indicate whether he intended to proceed with a plea of not guilty by reason of insanity but that he would be allowed to argue the defenses set forth in NRS 194.010. Blake then entered a plea of not guilty by…”
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). “031(1) (1999); Nev.Rev. Stat. § 194.010(4) (1999); N.H.Rev.”
Mallin v. Farmers Ins. Exch., 839 P.2d 105 (Nev. 1992).
Honeycutt v. State, 56 P.3d 362 (Nev. 2002).
United States v. Mack, 92 F. Supp. 3d 1006 (D. Nev. 2015).
— Nev. Rev. Stat. § 194.010(5) — 3 cases
Jenkins v. State, 877 P.2d 1063 (Nev. 1994). “NRS 194.010 Persons capable of committing crimes.”
Moore (maurice) Vs. State, 2020 NV 71 (Nev. 2020).
Hooper v. State, 604 P.2d 115 (Nev. 1979).
— Nev. Rev. Stat. § 194.010(6) — 5 cases
Finger v. State, 27 P.3d 66 (Nev. 2001). “NRS 194.010 provided, in part, that: All persons are liable to punishment except those belonging to the following classes: 1.”
City of Las Vegas v. Eighth Jud. Dist. Court of the State of Nevada, 59 P.3d 477 (Nev. 2002). “190 [31] and NRS 194.010. [32] We reject the City's invitation to construe the statute in a manner that renders it constitutional.”
Mach. (War) Vs. State (Nev. 2020).
Casillas (Ismael) v. State (Nev. 2014).
Griffo (Llewell) v. State (Nev. 2015).
— Nev. Rev. Stat. § 194.010(7) — 3 cases
Browning v. State, 91 P.3d 39 (Nev. 2004).
Ricci v. State, 536 P.2d 79 (Nev. 1975).
Austin (joseph) v. State (Crim.), 142 Nev. Adv. Op. No. 12 (Nev. 2026).
— Nev. Rev. Stat. § 194.010(8) — 5 cases
Cabrera (ivonne) Vs. State, 2019 NV 65 (Nev. 2019). “As codified in NRS 194.010(8), duress cannot be asserted as a defense to a crime that "is punishable with death.”
United States v. Larry Wayne Lafleur, United States of Am. v. Nick Michael Holm, 971 F.2d 200 (9th Cir. 1992).
United States v. Larry Wayne Lafleur, United States of Am. v. Nick Michael Holm, 952 F.2d 1537 (9th Cir. 1991).
King v. Garrett (D. Nev. 2023).
Happy (Lanayah) Vs. State (Nev. 2020).
— Nev. Rev. Stat. § 194.010(l) — 1 case
State v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 306 P.3d 369 (Nev. 2013).
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