NRS
200.030 Degrees of murder; penalties.
1. Murder of the first degree is murder
which is:
(a) Perpetrated by means of poison, lying in wait
or torture, or by any other kind of willful, deliberate and premeditated
killing;
(b) Committed in the perpetration or attempted
perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion
of the home, sexual abuse of a child, sexual molestation of a child under the
age of 14 years, child abuse or abuse of an older person or vulnerable person
pursuant to NRS 200.5099;
(c) Committed to avoid or prevent the lawful
arrest of any person by a peace officer or to effect the escape of any person
from legal custody;
(d) Committed on the property of a public or
private school, at an activity sponsored by a public or private school or on a
school bus while the bus was engaged in its official duties by a person who
intended to create a great risk of death or substantial bodily harm to more
than one person by means of a weapon, device or course of action that would
normally be hazardous to the lives of more than one person; or
(e) Committed in the perpetration or attempted
perpetration of an act of terrorism.
2. Murder of the second degree is all
other kinds of murder.
3. The jury before whom any person
indicted for murder is tried shall, if they find the person guilty thereof,
designate by their verdict whether the person is guilty of murder of the first
or second degree.
4. A person convicted of murder of the
first degree is guilty of a category A felony and shall be punished:
(a) By death, only if one or more aggravating circumstances
are found and any mitigating circumstance or circumstances which are found do
not outweigh the aggravating circumstance or circumstances, unless a court has
made a finding pursuant to NRS 174.098
that the defendant is a person with an intellectual disability and has stricken
the notice of intent to seek the death penalty; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of
parole;
(2) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 20 years has
been served; or
(3) For a definite term of 50 years, with
eligibility for parole beginning when a minimum of 20 years has been served.
Ê A
determination of whether aggravating circumstances exist is not necessary to
fix the penalty at imprisonment for life with or without the possibility of
parole.
5. A person convicted of murder of the
second degree is guilty of a category A felony and shall be punished by
imprisonment in the state prison:
(a) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with
eligibility for parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) “Act of terrorism” has the meaning ascribed
to it in NRS 202.4415;
(b) “Child abuse” means physical injury of a
nonaccidental nature to a child under the age of 18 years;
(c) “School bus” has the meaning ascribed to it
in NRS 483.160;
(d) “Sexual abuse of a child” means any of the
acts described in NRS 432B.100; and
(e) “Sexual molestation” means any willful and
lewd or lascivious act, other than acts constituting the crime of sexual
assault, upon or with the body, or any part or member thereof, of a child under
the age of 14 years, with the intent of arousing, appealing to, or gratifying
the lust, passions or sexual desires of the perpetrator or of the child.
[1911 C&P § 121; A 1915,
67; 1919,
468; 1947,
302; 1943 NCL § 10068]—(NRS A 1957,
330; 1959,
781; 1960,
399; 1961,
235, 486;
1967,
467, 1470;
1973,
1803; 1975,
1580; 1977,
864, 1541,
1627;
1989,
865, 1451;
1995,
257, 1181;
1999,
1335; 2003,
770, 2944;
2007,
74; 2013,
689)
Notes of Decisions
Cited in
363
cases (
51 in the last 5 years), 1960–2025 · leading case:
Byford v. State
Byford v. State (2000)
nev · cites it 20×
“(The 1999 legislature amended NRS 200.030, transferring murders perpetrated by child abuse into the felony-murder subcategory of first-degree murder.”
Collman v. State (2000)
nev · cites it 28×
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
McConnell v. State (2004)
nev · cites it 16×
“NRS 200.030(1) then provided in pertinent part that murder "committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, .”
Nunnery v. State (2011)
nev · cites it 7×
“554(3), (4); see also NRS 200.030(4). Nunnery is not alone in this, as the same misstatement has occasionally appeared in our opinions.”
Sheriff, Washoe County v. Smith (1975)
nev · cites it 25×
“OPINION MOWBRAY, Justice: Edward Leroy Smith is charged in a three-count indictment with two counts of first-degree murder in violation of NRS 200.030, subsection 2(a), [1] and with one count of capital murder in violation of NRS 200.”
Bejarano v. State (2006)
nev · cites it 10×
“We addressed Lowenfield for the first time in light of the death-eligibility narrowing constitutionally required of all state death penalty schemes, and we specifically considered the degree of narrowing produced by a felony-murder conviction, pursuant to NRS 200.030(1)(b), in…”
Naovarath v. State (1989)
nev · cites it 10×
“As stated above, the judgment of conviction makes no mention of the degree of the murder (except for citation of NRS 200.030, which merely recites that there are two degrees of murder, first degree and second degree).”
Valdez v. State (2008)
nev · cites it 4×
“First-degree murder Pursuant to NRS 200.030(1)(a), a conviction of first-degree murder requires the jury to conclude that the defendant committed a "willful, deliberate and premeditated killing.”
Canape v. State (1993)
nev · cites it 10×
“Nev. Rev. Stat. Ann. § 200.030 (4)(a) (1992) (emphasis supplied).”
Leonard v. State (2001)
nev · cites it 6×
“The second trial commenced approximately seven months later, and the third trial commenced approximately one year after the second. [21] We recognize that Leonard personally complained to the court on at least one occasion about the delay in the case.”
Gregg v. Georgia (1976)
scotus · cites it 2×
“§§ 28-401 , 29-2521 to 29-2523 (1975); Nev. Rev. Stat. § 200.030 (1973); N. H. Rev.”
Crawford v. State (2005)
nev · cites it 3×
“The information alleged two alternative theories of first-degree murder: (1) that Crawford committed a willful, deliberate, and premeditated murder, as defined in NRS 200.030(l)(a); and (2) that under NRS 200.”
— Nev. Rev. Stat. § 200.030(1) — 33 cases
Sheriff, Washoe County v. Smith (1975)
nev
“OPINION MOWBRAY, Justice: Edward Leroy Smith is charged in a three-count indictment with two counts of first-degree murder in violation of NRS 200.030, subsection 2(a), [1] and with one count of capital murder in violation of NRS 200.”
McConnell v. State (2004)
nev
“NRS 200.030(1) then provided in pertinent part that murder "committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, .”
Collman v. State (2000)
nev
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
— Nev. Rev. Stat. § 200.030(1)(a) — 39 cases
Byford v. State (2000)
nev
“(The 1999 legislature amended NRS 200.030, transferring murders perpetrated by child abuse into the felony-murder subcategory of first-degree murder.”
Collman v. State (2000)
nev
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
Valdez v. State (2008)
nev
“First-degree murder Pursuant to NRS 200.030(1)(a), a conviction of first-degree murder requires the jury to conclude that the defendant committed a "willful, deliberate and premeditated killing.”
— Nev. Rev. Stat. § 200.030(1)(b) — 37 cases
Bejarano v. State (2006)
nev
“We addressed Lowenfield for the first time in light of the death-eligibility narrowing constitutionally required of all state death penalty schemes, and we specifically considered the degree of narrowing produced by a felony-murder conviction, pursuant to NRS 200.030(1)(b), in…”
McConnell v. State (2004)
nev
“NRS 200.030(1) then provided in pertinent part that murder "committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, .”
Collman v. State (2000)
nev
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
— Nev. Rev. Stat. § 200.030(1)(e) — 1 case
Sheriff, Washoe County v. Smith (1975)
nev
“OPINION MOWBRAY, Justice: Edward Leroy Smith is charged in a three-count indictment with two counts of first-degree murder in violation of NRS 200.030, subsection 2(a), [1] and with one count of capital murder in violation of NRS 200.”
— Nev. Rev. Stat. § 200.030(2) — 31 cases
— Nev. Rev. Stat. § 200.030(2)(a) — 1 case
— Nev. Rev. Stat. § 200.030(3) — 9 cases
McConnell v. State (2004)
nev
“NRS 200.030(1) then provided in pertinent part that murder "committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, .”
— Nev. Rev. Stat. § 200.030(4) — 36 cases
Nunnery v. State (2011)
nev
“554(3), (4); see also NRS 200.030(4). Nunnery is not alone in this, as the same misstatement has occasionally appeared in our opinions.”
Naovarath v. State (1989)
nev
“As stated above, the judgment of conviction makes no mention of the degree of the murder (except for citation of NRS 200.030, which merely recites that there are two degrees of murder, first degree and second degree).”
Leonard v. State (2001)
nev
“The second trial commenced approximately seven months later, and the third trial commenced approximately one year after the second. [21] We recognize that Leonard personally complained to the court on at least one occasion about the delay in the case.”
— Nev. Rev. Stat. § 200.030(4)(3) — 1 case
— Nev. Rev. Stat. § 200.030(4)(a) — 32 cases
Nunnery v. State (2011)
nev
“554(3), (4); see also NRS 200.030(4). Nunnery is not alone in this, as the same misstatement has occasionally appeared in our opinions.”
Leonard v. State (2001)
nev
“The second trial commenced approximately seven months later, and the third trial commenced approximately one year after the second. [21] We recognize that Leonard personally complained to the court on at least one occasion about the delay in the case.”
Canape v. State (1993)
nev
“Nev. Rev. Stat. Ann. § 200.030 (4)(a) (1992) (emphasis supplied).”
— Nev. Rev. Stat. § 200.030(4)(b) — 15 cases
Naovarath v. State (1989)
nev
“As stated above, the judgment of conviction makes no mention of the degree of the murder (except for citation of NRS 200.030, which merely recites that there are two degrees of murder, first degree and second degree).”
— Nev. Rev. Stat. § 200.030(4)(b)(1) — 5 cases
— Nev. Rev. Stat. § 200.030(4)(b)(2) — 6 cases
— Nev. Rev. Stat. § 200.030(5) — 13 cases
— Nev. Rev. Stat. § 200.030(5)(a) — 10 cases
— Nev. Rev. Stat. § 200.030(5)(b) — 1 case
— Nev. Rev. Stat. § 200.030(6)(a) — 4 cases
Collman v. State (2000)
nev
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
— Nev. Rev. Stat. § 200.030(6)(b) — 8 cases
McConnell v. State (2004)
nev
“NRS 200.030(1) then provided in pertinent part that murder "committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, .”
— Nev. Rev. Stat. § 200.030(6)(d) — 1 case
McConnell v. State (2004)
nev
“NRS 200.030(1) then provided in pertinent part that murder "committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, .”
— Nev. Rev. Stat. § 200.030(a)(1) — 1 case
Collman v. State (2000)
nev
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
— Nev. Rev. Stat. § 200.030(b) — 1 case
— Nev. Rev. Stat. § 200.030(l)(a) — 19 cases
Byford v. State (2000)
nev
“(The 1999 legislature amended NRS 200.030, transferring murders perpetrated by child abuse into the felony-murder subcategory of first-degree murder.”
Collman v. State (2000)
nev
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
Valdez v. State (2008)
nev
“First-degree murder Pursuant to NRS 200.030(1)(a), a conviction of first-degree murder requires the jury to conclude that the defendant committed a "willful, deliberate and premeditated killing.”
Crawford v. State (2005)
nev
“The information alleged two alternative theories of first-degree murder: (1) that Crawford committed a willful, deliberate, and premeditated murder, as defined in NRS 200.030(l)(a); and (2) that under NRS 200.”
— Nev. Rev. Stat. § 200.030(l)(b) — 18 cases
McConnell v. State (2004)
nev
“NRS 200.030(1) then provided in pertinent part that murder "committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, .”
Crawford v. State (2005)
nev
“The information alleged two alternative theories of first-degree murder: (1) that Crawford committed a willful, deliberate, and premeditated murder, as defined in NRS 200.030(l)(a); and (2) that under NRS 200.”
Collman v. State (2000)
nev
“The issue presented in this case is: for first-degree murder under subsection (1)(a) of NRS 200.030, can malice be established simply by proving that the killing was done by an enumerated means? The State answers this question affirmatively, offering three or four arguments in…”
Bejarano v. State (2006)
nev
“We addressed Lowenfield for the first time in light of the death-eligibility narrowing constitutionally required of all state death penalty schemes, and we specifically considered the degree of narrowing produced by a felony-murder conviction, pursuant to NRS 200.030(1)(b), in…”
— Nev. Rev. Stat. § 200.030(l)(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.