Nev. Rev. Stat. » NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON
Nevada Revised Statutes

Nev. Rev. Stat. § 200.035 (2026)

Circumstances mitigating first degree murder

✓ current as of July 2026
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NRS 200.035  Circumstances mitigating first degree murder.  Murder of the first degree may be mitigated by any of the following circumstances, even though the mitigating circumstance is not sufficient to constitute a defense or reduce the degree of the crime:

      1.  The defendant has no significant history of prior criminal activity.

      2.  The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance.

      3.  The victim was a participant in the defendant’s criminal conduct or consented to the act.

      4.  The defendant was an accomplice in a murder committed by another person and the defendant’s participation in the murder was relatively minor.

      5.  The defendant acted under duress or under the domination of another person.

      6.  The youth of the defendant at the time of the crime.

      7.  Any other mitigating circumstance.

      (Added to NRS by 1977, 1543)

     

Notes of Decisions
Cited in 42 cases, 1978–2020 · leading case: Bishop v. State, 597 P.2d 273 (Nev. 1979).
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Bishop v. State, 597 P.2d 273 (Nev. 1979). · cites it 10× “[3] At the stage *275 in the proceedings when it became appellant's opportunity to present witnesses regarding mitigating circumstances, NRS 200.035, [4] appellant replied that he had no witnesses to present.”
Harte v. State, 13 P.3d 420 (Nev. 2000). · cites it 8× “552(3), which permits presentation of evidence on mitigating circumstances as well as evidence "on any other matter which the court deems relevant to sentence," [5] and the catchall provision at subsection (7) of NRS 200.035, which provides that, in addition to mitigating…”
Kaczmarek v. State, 91 P.3d 16 (Nev. 2004). · cites it 3× “035(l)-(6) lists certain mitigating circumstances applicable to first-degree murder, and NRS 200.035(7) provides for consideration of “[a]ny other mitigating circumstance.”
Calambro v. State, 952 P.2d 946 (Nev. 1998). · cites it 10× “In accordance with NRS 200.035, appellant also proposed that three factors mitigated against imposition of the death penalty: (1) his youth; (2) his lack of a prior criminal record; and (3) that he had acted under the domination and dominion of Duc.”
Johnson v. Texas, 509 U.S. 350 (1993). · cites it 2× “§ 29-2523 (2)(d) (1989); Nev. Rev. Stat. § 200.035 (6) (1992); N. H.”
Lockett v. Ohio, 438 U.S. 586 (1978). “§29-2523 (2) (e) (1975); Nev. Rev. Stat. §200.035 (4) (1977); N. C.”
Sumner v. Shuman, 483 U.S. 66 (1987). · cites it 2× “" Nev. Rev. Stat. § 200.035 (1985). [11] For the sake of argument, we premise our analysis here on a life sentence without possibility of parole which Nevada purportedly imposed on respondent Shuman.”
Byford v. State, 994 P.2d 700 (Nev. 2000). · cites it 2× “) The jury was simply instructed in regard to six of the seven mitigators enumerated in NRS 200.035, including the general one: "Any other mitigating circumstances.”
Butler v. State, 102 P.3d 71 (Nev. 2004). · cites it 2× “[35] See NRS 200.035(7). [36] 102 Nev. 119, 125 , 716 P.”
Bridges v. State, 6 P.3d 1000 (Nev. 2000). · cites it 4× “See NRS 200.035. Bridges had a significant prior criminal history, and he was thirty-four years old at the time of the offense.”
Leonard v. State, 969 P.2d 288 (Nev. 1998). · cites it 2× “See NRS 200.035(1) and (7). The jury found no mitigating circumstances sufficient to outweigh the aggravating circumstance, and returned a verdict of death.”
Thomas v. State, 148 P.3d 727 (Nev. 2006). · cites it 2× “Further, the district court gave the catchall instruction set out in NRS 200.035(7), so the jurors were informed that they could find "any other mitigating circumstance," and Thomas argued to the jury that the lack of premeditation mitigated the crimes.”
Show all 42 citing cases →
— Nev. Rev. Stat. § 200.035(1) — 5 cases
Calambro v. State, 952 P.2d 946 (Nev. 1998). “In accordance with NRS 200.035, appellant also proposed that three factors mitigated against imposition of the death penalty: (1) his youth; (2) his lack of a prior criminal record; and (3) that he had acted under the domination and dominion of Duc.”
Leonard v. State, 969 P.2d 288 (Nev. 1998). “See NRS 200.035(1) and (7). The jury found no mitigating circumstances sufficient to outweigh the aggravating circumstance, and returned a verdict of death.”
Bridges v. State, 6 P.3d 1000 (Nev. 2000). “See NRS 200.035. Bridges had a significant prior criminal history, and he was thirty-four years old at the time of the offense.”
Sechrest v. State, 826 P.2d 564 (Nev. 1992).
Watson v. State, 2014 NV 76 (Nev. 2014).
— Nev. Rev. Stat. § 200.035(2) — 3 cases
Dennis v. State, 13 P.3d 434 (Nev. 2000).
Bridges v. State, 6 P.3d 1000 (Nev. 2000). “See NRS 200.035. Bridges had a significant prior criminal history, and he was thirty-four years old at the time of the offense.”
Stephens v. Kemp, 602 F. Supp. 960 (M.D. Ga. 1984).
— Nev. Rev. Stat. § 200.035(3) — 1 case
United States v. Beckford, 962 F. Supp. 804 (E.D. Va. 1997).
— Nev. Rev. Stat. § 200.035(6) — 5 cases
Servin v. State, 32 P.3d 1277 (Nev. 2001).
Dalton Prejean v. Frank Blackburn, Warden, Louisiana State Penitentiary, 743 F.2d 1091 (5th Cir. 1984).
Paine v. State, 823 P.2d 281 (Nev. 1991).
Williams v. State, 737 P.2d 508 (Nev. 1987).
Stanford v. Kentucky, 492 U.S. 361 (1989).
— Nev. Rev. Stat. § 200.035(7) — 12 cases
Harte v. State, 13 P.3d 420 (Nev. 2000). “552(3), which permits presentation of evidence on mitigating circumstances as well as evidence "on any other matter which the court deems relevant to sentence," [5] and the catchall provision at subsection (7) of NRS 200.035, which provides that, in addition to mitigating…”
Kaczmarek v. State, 91 P.3d 16 (Nev. 2004). “035(l)-(6) lists certain mitigating circumstances applicable to first-degree murder, and NRS 200.035(7) provides for consideration of “[a]ny other mitigating circumstance.”
Butler v. State, 102 P.3d 71 (Nev. 2004). “[35] See NRS 200.035(7). [36] 102 Nev. 119, 125 , 716 P.”
Calambro v. State, 952 P.2d 946 (Nev. 1998). “In accordance with NRS 200.035, appellant also proposed that three factors mitigated against imposition of the death penalty: (1) his youth; (2) his lack of a prior criminal record; and (3) that he had acted under the domination and dominion of Duc.”
Thomas v. State, 148 P.3d 727 (Nev. 2006). “Further, the district court gave the catchall instruction set out in NRS 200.035(7), so the jurors were informed that they could find "any other mitigating circumstance," and Thomas argued to the jury that the lack of premeditation mitigated the crimes.”
— Nev. Rev. Stat. § 200.035(b) — 1 case
Emil v. State, 784 P.2d 956 (Nev. 1989).
— Nev. Rev. Stat. § 200.035(l) — 1 case
Kaczmarek v. State, 91 P.3d 16 (Nev. 2004). “035(l)-(6) lists certain mitigating circumstances applicable to first-degree murder, and NRS 200.035(7) provides for consideration of “[a]ny other mitigating circumstance.”
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