Nevada Revised Statutes

Nev. Rev. Stat. § 200.120 (2026)

“Justifiable homicide” defined; no duty to retreat under certain circumstances

✓ current as of July 2026

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NRS 200.120 “Justifiable homicide” defined; no duty to retreat under certain circumstances.

1. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or a person, against one who manifestly intends or endeavors to commit a crime of violence, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.

2. A person is not required to retreat before using deadly force as provided in subsection 1 if the person:

(a) Is not the original aggressor;

(b) Has a right to be present at the location where deadly force is used; and

3. As used in this section:

(a) “Crime of violence” means any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.

(b) “Motor vehicle” means every vehicle which is self-propelled.

[1911 C&P § 129; RL § 6394; NCL § 10076]—(NRS A 1983, 518; 2011, 265; 2015, 1781)

Notes of Decisions

Cited in 21 cases (7 in the last 5 years), 1973–2026 · leading case: Runion v. State, 13 P.3d 52 (Nev. 2000).

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Runion v. State, 13 P.3d 52 (Nev. 2000). · cites it 6× “See NRS 200.120, 200.130, 200.160, and 200.200.”

Guidry (ronneka) v. State, 2022 NV 39 (Nev. 2022). · cites it 7× “She first argues that NRS 200.120(1) applies, which states that a killing is justified in specific self- 12 = (CH MIA Ei Tr anit Supreme Court OF NEVADA defense circumstances that may fall short of the classic self-defense scenarios codified in NRS 200.”

Sheriff, Clark Cnty. v. Hicks, 506 P.2d 766 (Nev. 1973). · cites it 2× “NRS 200.120. 6 The application of the felony-murder rule to a situation involving felons charged with the murder of a cofelon killed by another in resisting the commission of a felony has been widely rejected.”

Kelso v. State, 588 P.2d 1035 (Nev. 1979). “4 NRS 200.120 provides in pertinent part: “Justifiable homicide is the killing of a human being in necessary self-defense.”

Ricci v. State, 536 P.2d 79 (Nev. 1975). · cites it 2× “23 8 was fatally defective because it should have included the provisions of NRS 200.120. 9 In light of the evidence adduced, we think Instruction No.”

Hill v. State, 647 P.2d 370 (Nev. 1982). “NRS 200.120 and 200.130 require that in order for homicide to be justified, the defendant’s belief in the necessity of using force in self-defense must be reasonable.”

Brown v. Oliver (D. Nev. 2025). · cites it 5× “See Nev. Rev. Stat. § 200.120 (2) 19 (providing that “[a] person is not required to retreat before using deadly force .”

Davis v. State, 2014 NV 16 (Nev. 2014). · cites it 8× “NRS 200.120; NRS 200.275. Davis' justifiable battery theory was not substantially covered by other instructions "[The district court may refuse a jury instruction on the defendant's theory of the case which is substantially covered by other instructions.”

Love-Camp (Royal) v. State (Nev. 2019). · cites it 3× “and (3) denying his motions for a mistrial and for a new trial. Love-Camp also argues there was insufficient evidence to convict him at trial.”

Esquivel (Johnny) v. State (Nev. 2013). · cites it 4× “120(2)(b), and was actively engaged in conduct in furtherance of criminal activity, see NRS 200.120(2)(c); NRS 207.”

Newell v. Baca (D. Nev. 2020). · cites it 2× “Although, relevantly, the Nevada Supreme Court noted 5 that the plain language of NRS § 200.120(1), § 200.150, § 200.160, and § 200.”

Show all 21 citing cases →

— Nev. Rev. Stat. § 200.120(1) — 4 cases

Guidry (ronneka) v. State, 2022 NV 39 (Nev. 2022). “She first argues that NRS 200.120(1) applies, which states that a killing is justified in specific self- 12 = (CH MIA Ei Tr anit Supreme Court OF NEVADA defense circumstances that may fall short of the classic self-defense scenarios codified in NRS 200.”

Davis v. State, 2014 NV 16 (Nev. 2014). “NRS 200.120; NRS 200.275. Davis' justifiable battery theory was not substantially covered by other instructions "[The district court may refuse a jury instruction on the defendant's theory of the case which is substantially covered by other instructions.”

Newell v. Baca (D. Nev. 2020). “Although, relevantly, the Nevada Supreme Court noted 5 that the plain language of NRS § 200.120(1), § 200.150, § 200.160, and § 200.”

Orellana (Carlos) Vs. State, 487 P.3d 390 (Nev. 2021).

— Nev. Rev. Stat. § 200.120(2) — 1 case

Brown v. Oliver (D. Nev. 2025). “See Nev. Rev. Stat. § 200.120 (2) 19 (providing that “[a] person is not required to retreat before using deadly force .”

— Nev. Rev. Stat. § 200.120(2)(a) — 1 case

Esquivel (Johnny) v. State (Nev. 2013). “120(2)(b), and was actively engaged in conduct in furtherance of criminal activity, see NRS 200.120(2)(c); NRS 207.”

— Nev. Rev. Stat. § 200.120(2)(b) — 2 cases

Grimes v. Williams (D. Nev. 2022).

Esquivel (Johnny) v. State (Nev. 2013). “120(2)(b), and was actively engaged in conduct in furtherance of criminal activity, see NRS 200.120(2)(c); NRS 207.”

— Nev. Rev. Stat. § 200.120(2)(c) — 2 cases

Grimes v. Williams (D. Nev. 2022).

Esquivel (Johnny) v. State (Nev. 2013). “120(2)(b), and was actively engaged in conduct in furtherance of criminal activity, see NRS 200.120(2)(c); NRS 207.”

— Nev. Rev. Stat. § 200.120(3)(a) — 2 cases

Love-Camp (Royal) v. State (Nev. 2019). “and (3) denying his motions for a mistrial and for a new trial. Love-Camp also argues there was insufficient evidence to convict him at trial.”

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