[Rev. 11/21/2013 9:54:32 AM--2013]

CHAPTER 175 - TRIAL

TRIAL BY JURY OR COURT

NRS 175.011           Trial by jury.

NRS 175.021           Formation of jury; number of jurors.

NRS 175.031           Examination of trial jurors.

NRS 175.036           Challenges for cause for individual jurors: Grounds; trial of challenge.

NRS 175.041           Limitation of defendants’ right to sever in challenges.

NRS 175.051           Number of peremptory challenges.

NRS 175.061           Alternate jurors.

NRS 175.071           Discharge of juror where juror dies or unable to perform duty.

NRS 175.081           Discharge of jury after retirement upon accident or cause.

NRS 175.091           Disability of judge during trial.

NRS 175.101           Disability of judge after verdict or finding of guilty or guilty but mentally ill.

CONDUCT OF TRIAL

NRS 175.111           Oath of jurors.

NRS 175.121           Personal knowledge of jurors.

NRS 175.131           Judge to inform jury of right to take notes.

NRS 175.141           Order of trial.

NRS 175.151           Number of counsel who may argue case.

NRS 175.161           Instructions.

NRS 175.171           No special instructions to be given relating exclusively to defendant’s testimony.

NRS 175.181           Instruction not to be given relative to failure of defendant to testify.

NRS 175.186           Instructions in prosecution for sexual assault or statutory sexual seduction: Use of certain terms and instructions prohibited.

NRS 175.191           Presumption of innocence: Acquittal in case of reasonable doubt.

NRS 175.201           Presumption of innocence: Conviction of lowest degree of offense.

NRS 175.211           Definition of reasonable doubt; no other definition to be given to juries.

NRS 175.221           Evidence.

NRS 175.241           Proof of corporate existence generally.

NRS 175.251           Conspiracy: Allegation and proof of overt act; evidence of overt acts not alleged.

NRS 175.261           False pretenses: What evidence necessary.

NRS 175.271           Expert witnesses.

NRS 175.282           Plea bargain: Inspection by jury; instruction of jury; cross-examination of defendant.

NRS 175.291           Testimony of accomplice must be corroborated; sufficiency of corroboration; accomplice defined.

NRS 175.301           Testimony of person upon or with whom abortion was allegedly committed.

NRS 175.311           Procedure when higher offense is shown by evidence.

NRS 175.321           Procedure if higher offense ignored.

NRS 175.331           When defendant on bail appears for trial defendant may be committed and held.

NRS 175.341           Mistake in charging proper offense: Defendant not discharged; commitment or bail.

NRS 175.351           Discharge of defendant when jury discharged for want of jurisdiction.

NRS 175.361           Offense committed in other county: Commitment to await warrant; admission to bail; transmittal of papers to district attorney of proper county; expense of transmission.

NRS 175.371           Discharge where defendant not arrested on warrant from other county; proceedings in case of arrest.

NRS 175.381           Court may advise jury to acquit defendant when evidence on either side closed; motion for judgment of acquittal after verdict of guilty or guilty but mentally ill; subsequent motion for new trial.

NRS 175.383           Withdrawal, discharge or change of defense counsel; limitations.

NRS 175.387           Misconduct of defendant; sanctions.

CONDUCT OF JURY

NRS 175.391           Separation or custody of jury before submission.

NRS 175.401           Jury to be admonished at each adjournment.

NRS 175.421           Accommodations for jury upon retirement; power of court to furnish.

NRS 175.431           Jury provided food and lodging when kept together.

NRS 175.441           Jury may take written instructions, materials received in evidence, certain papers and own notes of trial on retiring for deliberation.

NRS 175.451           Return of jury for information.

NRS 175.461           Jury not to be discharged after cause submitted; exceptions.

NRS 175.471           Adjournment of court during absence of jury.

VERDICT

NRS 175.481           Return.

NRS 175.491           Verdict where there are several defendants.

NRS 175.501           Jury may convict of lesser included offense or attempt.

NRS 175.511           When offenses to be stated separately.

NRS 175.531           Polling jury; further deliberation or discharge.

NRS 175.533           Finding of guilty but mentally ill upon plea of not guilty by reason of insanity; required findings; effect of finding.

ACQUITTAL

NRS 175.539           Acquittal by reason of insanity: Defendant to be examined; hearing to be held to determine whether defendant is mentally ill; procedure for committing defendant to custody of Division of Public and Behavioral Health.

NRS 175.541           Discharge of defendant after acquittal.

NRS 175.543           Notice to defendant of provisions concerning sealing of records of proceedings leading to acquittal.

HEARING TO DETERMINE WHETHER SEXUALLY MOTIVATED OFFENSE

NRS 175.547           Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined.

PENALTY HEARING FOR FIRST DEGREE MURDER

NRS 175.552           When required; procedure; evidence.

NRS 175.554           Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 175.554           Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 175.556           Procedure when jury unable to reach unanimous verdict.

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TRIAL BY JURY OR COURT

      NRS 175.011  Trial by jury.

      1.  In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the State. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.

      2.  In a Justice Court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial. Except as otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a reporter must be present who is a certified court reporter and shall report the trial.

      (Added to NRS by 1967, 1424; A 1983, 749; 1987, 614; 1993, 1412)

      NRS 175.021  Formation of jury; number of jurors.

      1.  Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.

      2.  Except as provided in subsection 3, juries must consist of 12 jurors, but at any time before verdict, the parties may stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than six.

      3.  Juries must consist of six jurors for the trial of a criminal action in a Justice Court.

      (Added to NRS by 1967, 1424; A 1983, 749)

      NRS 175.031  Examination of trial jurors.  The court shall conduct the initial examination of prospective jurors, and defendant or the defendant’s attorney and the district attorney are entitled to supplement the examination by such further inquiry as the court deems proper. Any supplemental examination must not be unreasonably restricted.

      (Added to NRS by 1967, 1424; A 1971, 246; 1979, 213)

      NRS 175.036  Challenges for cause for individual jurors: Grounds; trial of challenge.

      1.  Either side may challenge an individual juror for disqualification or for any cause or favor which would prevent the juror from adjudicating the facts fairly.

      2.  Challenges for cause shall be tried by the court. The juror challenged and any other person may be examined as a witness on the trial of the challenge.

      (Added to NRS by 1968, 45)

      NRS 175.041  Limitation of defendants’ right to sever in challenges.  When several defendants are tried together, they cannot sever their peremptory challenges, but must join therein.

      (Added to NRS by 1967, 1425)

      NRS 175.051  Number of peremptory challenges.

      1.  If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges.

      2.  If the offense charged is punishable by imprisonment for any other term or by fine or by both fine and imprisonment, each side is entitled to four peremptory challenges.

      3.  The State and the defendant shall exercise their challenges alternately, in that order. Any challenge not exercised in its proper order is waived.

      (Added to NRS by 1967, 1425)

      NRS 175.061  Alternate jurors.

      1.  The court may direct that not more than six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.

      2.  Alternate jurors, in the order in which they were called, shall replace jurors who become unable or disqualified to perform their duties.

      3.  Alternate jurors shall:

      (a) Be drawn in the same manner;

      (b) Have the same qualifications;

      (c) Be subject to the same examination and challenges;

      (d) Take the same oath; and

      (e) Have the same functions, powers, facilities and privileges, as the regular jurors.

      4.  If an alternate juror is required to replace a regular juror after the jury has retired to consider its verdict, the judge shall recall the jury, seat the alternate and resubmit the case to the jury.

      5.  Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, two peremptory challenges if three or four alternate jurors are to be impaneled, and three peremptory challenges if five or six alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by statute may not be used against an alternate juror.

      (Added to NRS by 1967, 1425; A 2005, 306)

      NRS 175.071  Discharge of juror where juror dies or unable to perform duty.  If, before the conclusion of the trial, and there being no alternate juror called or available, a juror dies, or becomes disqualified or unable to perform the juror’s duty, the court may duly order the juror to be discharged and a new juror may be sworn and the trial begun anew, or the jury may be discharged and a new jury then or afterward impaneled.

      (Added to NRS by 1967, 1425)

      NRS 175.081  Discharge of jury after retirement upon accident or cause.  If, after the retirement of the jury, any accident or cause occurs to prevent their being kept for deliberation, the jury may be discharged.

      (Added to NRS by 1967, 1425)

      NRS 175.091  Disability of judge during trial.  If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying that the judge has familiarized himself or herself with the record of the trial, may proceed with and finish the trial.

      (Added to NRS by 1967, 1425)

      NRS 175.101  Disability of judge after verdict or finding of guilty or guilty but mentally ill.  If by reason of absence from the judicial district, death, sickness or other disability the judge before whom the defendant has been tried is unable to perform the duties to be performed by the court after a verdict or finding of guilty or guilty but mentally ill, any other judge regularly sitting in or assigned to the court may perform those duties, but if such other judge is satisfied that he or she cannot perform those duties because he or she did not preside at the trial or for any other reason, the judge may in his or her discretion grant a new trial.

      (Added to NRS by 1967, 1425; A 2007, 1410)

CONDUCT OF TRIAL

      NRS 175.111  Oath of jurors.  When the jury has been impaneled, the court shall administer the following oath:

 

Do you and each of you solemnly swear that you will well and truly try this case, now pending before this court, and a true verdict render according to the evidence given, so help you God.

 

      (Added to NRS by 1967, 1426)

      NRS 175.121  Personal knowledge of jurors.

      1.  The judge shall then admonish the jury that:

      (a) No juror may declare to any fellow jurors any fact relating to the case as of the juror’s own knowledge; and

      (b) If any juror discovers during the trial or after the jury has retired that he or she or any other juror has personal knowledge of any fact in controversy in the case, the juror shall disclose such situation to the judge out of the presence of the other jurors.

      2.  When any such disclosure is made, the judge shall examine the juror who admits or is alleged to have personal knowledge, under oath, in the presence of counsel for the parties, and may allow such counsel to examine the juror.

      3.  If the juror has disclosed the juror’s own knowledge to the judge and it appears that the juror has not declared any fact relating to the case to any fellow jurors as of the juror’s own knowledge, the judge shall after the examination decide whether the juror shall remain or shall be replaced by an alternate juror.

      4.  If it appears that the juror has declared any fact relating to the case to any fellow jurors as of the juror’s own knowledge, or that the juror’s vote was influenced by such knowledge undisclosed, the judge shall declare a mistrial.

      (Added to NRS by 1967, 1426)

      NRS 175.131  Judge to inform jury of right to take notes.  Before any evidence has been introduced the judge may inform the jury they may individually take notes during the trial, but the judge shall further caution them not to rely upon their respective notes in case of conflict among them, because the reporter’s notes contain the complete and authentic record of the trial.

      (Added to NRS by 1967, 1426)

      NRS 175.141  Order of trial.  The jury having been impaneled and sworn, the trial shall proceed in the following order:

      1.  If the indictment or information be for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.

      2.  The district attorney, or other counsel for the State, must open the cause. The defendant or the defendant’s counsel may then either make the defendant’s opening statement or reserve it to be made immediately prior to the presentation of evidence in the defendant’s behalf.

      3.  The State must then offer its evidence in support of the charge, and the defendant may then offer evidence in his or her defense.

      4.  The parties may then respectively offer rebutting testimony only, unless the court, for good reasons, in furtherance of justice, permit them to offer evidence upon their original cause.

      5.  When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the district attorney, or other counsel for the State, must open and must conclude the argument.

      (Added to NRS by 1967, 1426)

      NRS 175.151  Number of counsel who may argue case.  If the indictment or information be for an offense punishable with death, two counsel on each side may argue the case to the jury, but in such case, as well as in all others, the counsel for the State must open and conclude the argument. If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side.

      (Added to NRS by 1967, 1426)

      NRS 175.161  Instructions.

      1.  Upon the close of the argument, the judge shall charge the jury. The judge may state the testimony and declare the law, but may not charge the jury in respect to matters of fact. The charge must be reduced to writing before it is given; and no charge or instructions may be given to the jury otherwise than in writing, unless by the mutual consent of the parties. If either party requests it, the court must settle and give the instructions to the jury before the argument begins, but this does not prevent the giving of further instructions which may become necessary by reason of the argument.

      2.  In charging the jury, the judge shall state to them all such matters of law the judge thinks necessary for their information in giving their verdict.

      3.  Either party may present to the court any written charge, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused.

      4.  An original and one copy of each instruction requested by any party must be tendered to the court. The copies must be numbered and indicate who tendered them. Copies of instructions given on the court’s own motion or modified by the court must be so identified. When requested instructions are refused, the judge shall write on the margin of the original the word “refused” and initial or sign the notation. The instructions given to the jury must be firmly bound together and the judge shall write the word “given” at the conclusion thereof and sign the last of the instructions to signify that all have been given. After the instructions are given, the judge may not clarify, modify or in any manner explain them to the jury except in writing unless the parties agree to oral instructions.

      5.  After the jury has reached a verdict and been discharged, the originals of all instructions, whether given, modified or refused, must be preserved by the clerk as part of the proceedings.

      6.  Conferences with counsel to settle instructions must be held out of the presence of the jury and may be held in chambers at the option of the court.

      7.  When the offense charged carries a possible penalty of life without possibility of parole a charge to the jury that such penalty does not exclude executive clemency is a correct and pertinent charge, and must be given upon the request of either party.

      (Added to NRS by 1967, 1427; A 1969, 401; 1981, 410)

      NRS 175.171  No special instructions to be given relating exclusively to defendant’s testimony.  In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at the person’s own request, but not otherwise, be deemed a competent witness, the credit to be given the person’s testimony being left solely to the jury, under the instructions of the court, but no special instruction shall be given relating exclusively to the testimony of the defendant.

      (Added to NRS by 1967, 1427)

      NRS 175.181  Instruction not to be given relative to failure of defendant to testify.

      1.  No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by the Constitution, no person can be compelled, in a criminal action, to be a witness against himself or herself.

      2.  Nothing herein contained shall be construed as compelling any such person to testify.

      (Added to NRS by 1967, 1427)

      NRS 175.186  Instructions in prosecution for sexual assault or statutory sexual seduction: Use of certain terms and instructions prohibited.

      1.  In any prosecution for sexual assault or statutory sexual seduction or for an attempt to commit or conspiracy to commit either crime, the term “unchaste character” may not be used with reference to the alleged victim of the crime in any instruction to the jury.

      2.  In a prosecution for sexual assault or statutory sexual seduction, the court may not give any instructions to the jury to the effect that it is difficult to prove or establish the crime beyond a reasonable doubt.

      (Added to NRS by 1975, 1132; A 1977, 1630; 1991, 126)

      NRS 175.191  Presumption of innocence: Acquittal in case of reasonable doubt.  A defendant in a criminal action is presumed to be innocent until the contrary is proved; and in case of a reasonable doubt whether the defendant’s guilt is satisfactorily shown, the defendant is entitled to be acquitted.

      (Added to NRS by 1967, 1427)

      NRS 175.201  Presumption of innocence: Conviction of lowest degree of offense.  Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against the person, and there exists a reasonable doubt as to which of two or more degrees the person is guilty, the person shall be convicted only of the lowest.

      (Added to NRS by 1967, 1427)

      NRS 175.211  Definition of reasonable doubt; no other definition to be given to juries.

      1.  A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual, not mere possibility or speculation.

      2.  No other definition of reasonable doubt may be given by the court to juries in criminal actions in this State.

      (Added to NRS by 1967, 1427; A 1991, 257)

      NRS 175.221  Evidence.

      1.  In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute.

      2.  The admissibility of evidence and the competency and privileges of witnesses shall be governed by:

      (a) The general provisions of title 4 of NRS;

      (b) The specific provisions of any other applicable statute; and

      (c) Where no statute applies, the principles of the common law as they may be interpreted by the courts of the State of Nevada in the light of reason and experience.

      (Added to NRS by 1967, 1428; A 1971, 803)

      NRS 175.241  Proof of corporate existence generally.  If, upon a trial or proceeding in a criminal case, the existence, constitution or powers of any corporation shall become material, or be in any way drawn in question, it is not necessary to produce a certified copy of the articles or acts of incorporation, but the same may be proved by general reputation, or by the printed statutes of the state, or government, or country by which such corporation was created.

      (Added to NRS by 1967, 1428)

      NRS 175.251  Conspiracy: Allegation and proof of overt act; evidence of overt acts not alleged.  Upon a trial for conspiracy, in a case where an overt act shall be necessary to constitute the offense, the defendant shall not be convicted unless one or more overt acts shall be expressly alleged in the indictment or information, nor unless one of the acts alleged shall have been proved; but other overt acts not alleged may be given in evidence.

      (Added to NRS by 1967, 1428)

      NRS 175.261  False pretenses: What evidence necessary.  Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person, to a written instrument, or having obtained from any person any money, personal property, or valuable thing, the defendant shall not be convicted if the false pretense shall have been expressed in language, unaccompanied by a false token or writing, unless the pretense or some note or memorandum thereof be in writing, subscribed by or in the handwriting of the defendant, or unless the pretense be proved by the testimony of two witnesses, or that of one witness and corroborating circumstances; but this section shall not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying, or receiving any money or property.

      (Added to NRS by 1967, 1428)

      NRS 175.271  Expert witnesses.

      1.  The court may order the defendant or the State or both to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations.

      2.  The court may appoint any expert witnesses agreed upon by the parties, and may appoint witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act.

      3.  A witness so appointed shall be informed of the witness’s duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have the opportunity to participate.

      4.  A witness so appointed shall advise the parties of the witness’s findings, if any, and may thereafter be called to testify by the court or by any party. The witness shall be subject to cross-examination by each party.

      5.  The court may determine the reasonable compensation of such a witness and direct its payment out of such funds as may be provided by law.

      6.  The parties also may call expert witnesses of their own selection.

      7.  An expert witness, whether appointed by the court or called by a party, may in the discretion of the judge be excluded from the courtroom during the testimony of other witnesses.

      (Added to NRS by 1967, 1428)

      NRS 175.282  Plea bargain: Inspection by jury; instruction of jury; cross-examination of defendant.  If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for a recommendation of a reduced sentence, the court shall:

      1.  After excising any portion it deems irrelevant or prejudicial, permit the jury to inspect the agreement;

      2.  If the defendant who is testifying has not entered a plea or been sentenced pursuant to the agreement, instruct the jury regarding the possible related pressures on the defendant by providing the jury with an appropriate cautionary instruction; and

      3.  Allow the defense counsel to cross-examine fully the defendant who is testifying concerning the agreement.

      (Added to NRS by 1991, 291; A 1995, 2451; 2003, 1460; 2007, 1410)

      NRS 175.291  Testimony of accomplice must be corroborated; sufficiency of corroboration; accomplice defined.

      1.  A conviction shall not be had on the testimony of an accomplice unless the accomplice is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration shall not be sufficient if it merely shows the commission of the offense or the circumstances thereof.

      2.  An accomplice is hereby defined as one who is liable to prosecution, for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.

      (Added to NRS by 1967, 1429)

      NRS 175.301  Testimony of person upon or with whom abortion was allegedly committed.  Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, the defendant must not be convicted upon the testimony of the person upon or with whom the offense has allegedly been committed, unless:

      1.  The testimony of that person is corroborated by other evidence; or

      2.  The person giving the testimony is, and was at the time the crime is alleged to have taken place, a police officer or deputy sheriff who was performing his or her duties as such.

      (Added to NRS by 1967, 1429; A 1979, 302; 1981, 1029; 2005, 308)

      NRS 175.311  Procedure when higher offense is shown by evidence.  If it appears by the testimony that the facts proved constitute an offense of a higher nature than that charged in the indictment or information, the court may direct the jury to be discharged, and all proceedings on the indictment or information to be suspended, and may order the defendant to be committed, or continued on, or admitted to bail, to answer any new indictment or information which may be found or filed against the defendant for the higher offense.

      (Added to NRS by 1967, 1429)

      NRS 175.321  Procedure if higher offense ignored.  If an indictment for the higher offense be dismissed by the grand jury, or be not found at its next session, or if an information be not filed before the next session of the grand jury, the court shall again proceed to try the defendant on the original indictment or information.

      (Added to NRS by 1967, 1429)

      NRS 175.331  When defendant on bail appears for trial defendant may be committed and held.  When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after the defendant’s appearance for trial, order the defendant to be committed to the custody of the proper officer, to abide the judgment or further order of the court, and the defendant must be committed and held in custody accordingly.

      (Added to NRS by 1967, 1429)

      NRS 175.341  Mistake in charging proper offense: Defendant not discharged; commitment or bail.  When it appears, at any time before verdict or judgment, that a mistake has been made in charging the proper offense, the defendant must not be discharged, if there appears good cause to detain the defendant in custody; but the court must commit the defendant, or require the defendant to give bail for his or her appearance to answer to the offense; and may also require the witnesses to give bail for their appearance.

      (Added to NRS by 1967, 1429)

      NRS 175.351  Discharge of defendant when jury discharged for want of jurisdiction.  If the jury is discharged because the court has not jurisdiction of the offense charged, and it appears that it was committed out of the jurisdiction of this state, the defendant must be discharged, unless the court orders that the defendant be detained for a reasonable time, to be specified in the order, to enable the district attorney to communicate with the chief executive officer of the country, state, territory or district where the offense was committed.

      (Added to NRS by 1967, 1429)

      NRS 175.361  Offense committed in other county: Commitment to await warrant; admission to bail; transmittal of papers to district attorney of proper county; expense of transmission.  If the offense was committed within the jurisdiction of another county of this state, the court may direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for the defendant’s arrest, or it may admit the defendant to bail in an undertaking, with sufficient sureties that the defendant will, within such time as the court may appoint, render himself or herself amenable to a warrant for arrest from the proper county; and, if not sooner arrested thereon, will attend at the office of the sheriff of the county where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself or herself upon the warrant, if issued, or that the defendant’s bail will forfeit such sum as the court may fix, to be mentioned in the undertaking; and the clerk must forthwith transmit a certified copy of the indictment or information, and of all the papers filed in the action, to the district attorney of the proper county, the expenses of which transmission are chargeable to that county.

      (Added to NRS by 1967, 1430)

      NRS 175.371  Discharge where defendant not arrested on warrant from other county; proceedings in case of arrest.

      1.  If the defendant is not arrested on a warrant from the proper county, as provided in NRS 175.361, the defendant must be discharged from custody, or the defendant’s bail in the action is exonerated, or money deposited instead of bail must be refunded, as the case may be, and the sureties in the undertaking, as mentioned in that section, must be discharged.

      2.  If the defendant is arrested, the same proceedings must be had thereon as upon the arrest of a defendant in another county on a warrant issued by a magistrate.

      (Added to NRS by 1967, 1430)

      NRS 175.381  Court may advise jury to acquit defendant when evidence on either side closed; motion for judgment of acquittal after verdict of guilty or guilty but mentally ill; subsequent motion for new trial.

      1.  If, at any time after the evidence on either side is closed, the court deems the evidence insufficient to warrant a conviction, it may advise the jury to acquit the defendant, but the jury is not bound by such advice.

      2.  The court may, on a motion of a defendant or on its own motion, which is made after the jury returns a verdict of guilty or guilty but mentally ill, set aside the verdict and enter a judgment of acquittal if the evidence is insufficient to sustain a conviction. The motion for a judgment of acquittal must be made within 7 days after the jury is discharged or within such further time as the court may fix during that period.

      3.  If a motion for a judgment of acquittal after a verdict of guilty or guilty but mentally ill pursuant to this section is granted, the court shall also determine whether any motion for a new trial should be granted if the judgment of acquittal is thereafter vacated or reversed. The court shall specify the grounds for that determination. If the motion for a new trial is granted conditionally, the order thereon does not affect the finality of the judgment. If the motion for a new trial is granted conditionally and the judgment is reversed on appeal, the new trial must proceed unless the appellate court has otherwise ordered. If the motion is denied conditionally, the defendant on appeal may assert error in that denial, and if the judgment is reversed on appeal, subsequent proceedings must be in accordance with the order of the appellate court.

      (Added to NRS by 1967, 1430; A 1991, 651; 2007, 1410)

      NRS 175.383  Withdrawal, discharge or change of defense counsel; limitations.  If a counsel seeks to withdraw from the case or is discharged by the defendant for the purpose of delaying the trial, the court shall not allow the counsel to be changed. The counsel for a defendant may not be changed after a trial has commenced except upon good cause shown to the court.

      (Added to NRS by 1971, 596)

      NRS 175.387  Misconduct of defendant; sanctions.

      1.  Whenever a defendant interferes with the orderly course of a trial by disruptive, disorderly or disrespectful conduct, the court may:

      (a) Order the defendant bound and gagged.

      (b) Cite the defendant for contempt.

      (c) Order the defendant removed from the courtroom and proceed with the trial.

      2.  No such order or citation shall issue except after the defendant has been fully and fairly informed that the defendant’s conduct is wrong and intolerable and has been warned of the consequences of continued misconduct.

      3.  A defendant who has been removed from the courtroom may be returned upon the defendant’s promise to discontinue such misconduct. If the defendant’s misconduct continues after the defendant’s return the court may proceed as provided in subsection 1.

      (Added to NRS by 1971, 847)

CONDUCT OF JURY

      NRS 175.391  Separation or custody of jury before submission.  The jurors sworn to try a criminal action may, at any time before the submission of the case to the jury, in the discretion of the court, be permitted to separate, depart for home overnight or be kept in charge of a proper officer. Upon commencing deliberation, the jurors shall be kept in charge of a proper officer, unless at the discretion of the court they are permitted to depart for home overnight. When the jurors are kept together, the officer in charge shall keep the jurors in some private and convenient place and separate from other persons. The officer shall not permit any communication to be made to them, or make any personally, unless by order of the court, except to ask them if they have agreed upon their verdict. The officer shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon. The officer shall return them into court when they have reached their verdict or when ordered by the court.

      (Added to NRS by 1967, 1430; A 1977, 882)

      NRS 175.401  Jury to be admonished at each adjournment.  At each adjournment of the court, whether the jurors are permitted to separate or depart for home overnight, or are kept in charge of officers, they must be admonished by the judge or another officer of the court that it is their duty not to:

      1.  Converse among themselves or with anyone else on any subject connected with the trial;

      2.  Read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including without limitation newspapers, television and radio; or

      3.  If they have not been charged, form or express any opinion on any subject connected with the trial until the cause is finally submitted to them.

      (Added to NRS by 1967, 1430; A 1977, 883; 1981, 318)

      NRS 175.421  Accommodations for jury upon retirement; power of court to furnish.  A room shall be provided by the sheriff of each county for the use of the jury upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery, unless such necessaries have been already furnished by the county. The court may order the sheriff to do so, and the expenses incurred by the sheriff in carrying the order into effect, when certified by the court, shall be a county charge.

      (Added to NRS by 1967, 1431)

      NRS 175.431  Jury provided food and lodging when kept together.  While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they shall be provided, at the expense of the county, with suitable and sufficient food and lodging.

      (Added to NRS by 1967, 1431)

      NRS 175.441  Jury may take written instructions, materials received in evidence, certain papers and own notes of trial on retiring for deliberation.  Upon retiring for deliberation, the jury may take with them:

      1.  All papers and all other items and materials which have been received as evidence in the case, except depositions or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession.

      2.  The written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.

      (Added to NRS by 1967, 1431)

      NRS 175.451  Return of jury for information.  After the jury have retired for deliberation, if there is any disagreement between them as to any part of the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required shall be given in the presence of, or after notice to, the district attorney and the defendant or the defendant’s counsel.

      (Added to NRS by 1967, 1431)

      NRS 175.461  Jury not to be discharged after cause submitted; exceptions.  Except as provided in NRS 175.081, the jury shall not be discharged after the cause is submitted to them, until they have agreed upon their verdict and rendered it in open court, unless by the consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.

      (Added to NRS by 1967, 1431)

      NRS 175.471  Adjournment of court during absence of jury.  While the jury are absent, the court may adjourn from time to time, as to other business, but it shall nevertheless be deemed to be open for every purpose connected with the cause submitted to the jury, until a verdict be rendered or the jury discharged.

      (Added to NRS by 1967, 1431)

VERDICT

      NRS 175.481  Return.  The verdict shall be unanimous. It shall be returned by the jury to the judge in open court.

      (Added to NRS by 1967, 1431)

      NRS 175.491  Verdict where there are several defendants.  If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.

      (Added to NRS by 1967, 1431)

      NRS 175.501  Jury may convict of lesser included offense or attempt.  The defendant may be found guilty or guilty but mentally ill of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if the attempt is an offense.

      (Added to NRS by 1967, 1431; A 2007, 1411)

      NRS 175.511  When offenses to be stated separately.  When the defendant may be convicted of more than one offense charged, each offense of which the defendant is convicted must be stated in the verdict or the finding of the court.

      (Added to NRS by 1967, 1431)

      NRS 175.531  Polling jury; further deliberation or discharge.  When a verdict is returned and before it is recorded the jury shall be polled at the request of any party or upon the court’s own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberation or may be discharged.

      (Added to NRS by 1967, 1432)

      NRS 175.533  Finding of guilty but mentally ill upon plea of not guilty by reason of insanity; required findings; effect of finding.

      1.  During a trial, upon a plea of not guilty by reason of insanity, the trier of fact may find the defendant guilty but mentally ill if the trier of fact finds all of the following:

      (a) The defendant is guilty beyond a reasonable doubt of an offense;

      (b) The defendant has established by a preponderance of the evidence that due to a disease or defect of the mind, the defendant was mentally ill at the time of the commission of the offense; and

      (c) The defendant has not established by a preponderance of the evidence that the defendant is not guilty by reason of insanity pursuant to subsection 5 of NRS 174.035.

      2.  Except as otherwise provided by specific statute, a defendant who is found guilty but mentally ill is subject to the same criminal, civil and administrative penalties and procedures as a defendant who is found guilty.

      3.  If the trier of fact finds a defendant guilty but mentally ill pursuant to subsection 1, the court shall cause, on a form prescribed by the Department of Public Safety, a record of the finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

      4.  As used in this section:

      (a) “Disease or defect of the mind” does not include a disease or defect which is caused solely by voluntary intoxication.

      (b) “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

      (Added to NRS by 2007, 1410; A 2009, 2485)

ACQUITTAL

      NRS 175.539  Acquittal by reason of insanity: Defendant to be examined; hearing to be held to determine whether defendant is mentally ill; procedure for committing defendant to custody of Division of Public and Behavioral Health.

      1.  Where on a trial a defense of insanity is interposed by the defendant and the defendant is acquitted by reason of that defense, the finding of the jury pending the judicial determination pursuant to subsection 2 has the same effect as if the defendant were regularly adjudged insane, and the judge must:

      (a) Order a peace officer to take the person into protective custody and transport the person to a forensic facility for detention pending a hearing to determine the person’s mental health;

      (b) Order the examination of the person by two psychiatrists, two psychologists, or one psychiatrist and one psychologist who are employed by a division facility; and

      (c) At a hearing in open court, receive the report of the examining advisers and allow counsel for the State and for the person to examine the advisers, introduce other evidence and cross-examine witnesses.

      2.  If the court finds, after the hearing:

      (a) That there is not clear and convincing evidence that the person is a person with mental illness, the court must order the person’s discharge; or

      (b) That there is clear and convincing evidence that the person is a person with mental illness, the court must order that the person be committed to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services until the person is discharged or conditionally released therefrom in accordance with NRS 178.467 to 178.471, inclusive.

Ê The court shall issue its finding within 90 days after the defendant is acquitted.

      3.  The Administrator shall make the reports and the court shall proceed in the manner provided in NRS 178.467 to 178.471, inclusive.

      4.  If the court accepts a verdict acquitting a defendant by reason of insanity pursuant to this section, the court shall cause, on a form prescribed by the Department of Public Safety, a record of that verdict to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

      5.  As used in this section, unless the context otherwise requires:

      (a) “Division facility” has the meaning ascribed to it in NRS 433.094.

      (b) “Forensic facility” means a secure facility of the Division of Public and Behavioral Health of the Department of Health and Human Services for offenders and defendants with mental disorders. The term includes, without limitation, Lakes Crossing Center.

      (c) “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

      (d) “Person with mental illness” has the meaning ascribed to it in NRS 178.3986.

      (Added to NRS by 2003, 1459; A 2007, 1411; 2009, 2486)

      NRS 175.541  Discharge of defendant after acquittal.  If judgment of acquittal be given on a verdict, and the defendant be not detained for any other legal cause, the defendant must be discharged as soon as the verdict is given.

      (Added to NRS by 1967, 1432)

      NRS 175.543  Notice to defendant of provisions concerning sealing of records of proceedings leading to acquittal.  Upon the entry of a judgment of acquittal, the court shall provide the defendant with a written notice of the provisions of NRS 179.255 which concern the sealing of records of the proceedings leading to the acquittal.

      (Added to NRS by 2001, 1690)

HEARING TO DETERMINE WHETHER SEXUALLY MOTIVATED OFFENSE

      NRS 175.547  Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined.

      1.  In any case in which a defendant pleads or is found guilty or guilty but mentally ill of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of the prosecuting attorney’s intention to request such a hearing.

      2.  A hearing requested pursuant to subsection 1 must be conducted before:

      (a) The court imposes its sentence; or

      (b) A separate penalty hearing is conducted.

      3.  At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

      4.  The court shall enter its finding in the record.

      5.  For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was the person’s sexual gratification.

      (Added to NRS by 1995, 413; A 1997, 1666; 2007, 1412)

PENALTY HEARING FOR FIRST DEGREE MURDER

      NRS 175.552  When required; procedure; evidence.

      1.  Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty or guilty but mentally ill of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing. The separate penalty hearing must be conducted as follows:

      (a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, as soon as practicable.

      (b) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a jury impaneled for that purpose, as soon as practicable.

      (c) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted as soon as practicable before the judge who conducted the trial or who accepted the plea.

      2.  In a case in which the death penalty is not sought or in which a court has made a finding that the defendant is intellectually disabled and has stricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, the defendant’s attorney, if any, and the prosecuting attorney.

      3.  During the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to the sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the Constitution of the State of Nevada may be introduced. The State may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.

      4.  In a case in which the death penalty is not sought or in which a court has found the defendant to be intellectually disabled and has stricken the notice of intent to seek the death penalty pursuant to NRS 174.098, the jury or the trial judge shall determine whether the defendant should be sentenced to life with the possibility of parole or life without the possibility of parole.

      (Added to NRS by 1977, 1543; A 1993, 322; 1995, 258, 2451; 2003, 767, 1460, 2082; 2007, 1412; 2013, 684)

      NRS 175.554  Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  In cases in which the death penalty is sought:

      1.  The court shall instruct the jury at the end of the penalty hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.

      2.  The jury shall determine:

      (a) Whether an aggravating circumstance or circumstances are found to exist;

      (b) Whether a mitigating circumstance or circumstances are found to exist; and

      (c) Based upon these findings, whether the defendant should be sentenced to imprisonment for a definite term of 50 years, life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death.

      3.  The jury may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      4.  If a jury imposes a sentence of death, the jury shall render a written verdict signed by the foreman. The verdict must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      5.  If a sentence of death is imposed and a prior determination regarding intellectual disability has not been made pursuant to NRS 174.098, the defendant may file a motion to set aside the penalty on the grounds that the defendant is intellectually disabled. If such a motion is filed, the court shall conduct a hearing on that issue in the manner set forth in NRS 174.098. If the court determines pursuant to such a hearing that the defendant is intellectually disabled, it shall set aside the sentence of death and order a new penalty hearing to be conducted. Either party may appeal such a determination to the Supreme Court pursuant to NRS 177.015.

      (Added to NRS by 1977, 1543; A 1993, 322; 1995, 258; 2003, 768, 2083; 2013, 685)

      NRS 175.554  Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  In cases in which the death penalty is sought:

      1.  The court shall instruct the jury at the end of the penalty hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.

      2.  The jury shall determine:

      (a) Whether an aggravating circumstance or circumstances are found to exist;

      (b) Whether a mitigating circumstance or circumstances are found to exist; and

      (c) Based upon these findings, whether the defendant should be sentenced to imprisonment for a definite term of 50 years, life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death.

      3.  The jury may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      4.  If a jury imposes a sentence of death, the jury shall render a written verdict signed by the foreman. The verdict must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      5.  If a sentence of death is imposed and a prior determination regarding intellectual disability has not been made pursuant to NRS 174.098, the defendant may file a motion to set aside the penalty on the grounds that the defendant is intellectually disabled. If such a motion is filed, the court shall conduct a hearing on that issue in the manner set forth in NRS 174.098. If the court determines pursuant to such a hearing that the defendant is intellectually disabled, it shall set aside the sentence of death and order a new penalty hearing to be conducted. Either party may appeal such a determination pursuant to NRS 177.015.

      (Added to NRS by 1977, 1543; A 1993, 322; 1995, 258; 2003, 768, 2083; 2013, 685, 1752, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 175.556  Procedure when jury unable to reach unanimous verdict.

      1.  In a case in which the death penalty is sought, if a jury is unable to reach a unanimous verdict upon the sentence to be imposed, the district judge who conducted the trial or accepted the plea of guilty shall sentence the defendant to life imprisonment without the possibility of parole or impanel a new jury to determine the sentence.

      2.  In a case in which the death penalty is not sought, if a jury is unable to reach a unanimous verdict upon the sentence to be imposed, the trial judge shall impose the sentence.

      (Added to NRS by 1977, 1543; A 1995, 259; 2003, 2083)