Nevada Second-Degree Murder

Created by FindLaw's team of attorney writers and editors.

In Nevada, there are several types of criminal homicide including: first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter. This article provides a brief overview of Nevada's second-degree murder law.

First-Degree Murder vs. Second-Degree Murder in Nevada

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated. On the other hand, second-degree murder ordinarily doesn't involve premeditation and is either an unplanned intentional killing, or a death caused by a reckless disregard for human life. However, under Nevada's homicide laws first-degree murder is clearly defined, and any other murder is classified as second-degree murder.

Code Section

Nevada Code section 200.030: Degrees of Murder

Murder in the First Degree

 

 First-degree murder is any killing that is committed by poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing committed:
  • During 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 who is less than 14 years old, child abuse, or abuse of an older or vulnerable person
  • To avoid being arrested or to escape from legal custody
  • At a school, a school sponsored activity, or on a school bus by a person who intended to create a great risk of death or substantial bodily harm to more than one person via a weapon, device, or action that would normally be hazardous to the lives of more than one person, or
  • In the perpetration (or attempted perpetration) of an act of terrorism
Murder in the Second Degree

Murder of the second degree is all other kinds of murder.

Penalties

 

 Murder in the second-degree is a category A felony that can be punished by imprisonment:
  • For life with the possibility of parole (eligibility for parole beginning when a minimum of 10 years have been served), or
  • For 25 years (with eligibility for parole beginning when a minimum of 10 years has been served)

Additional Resources

State laws change frequently. For case specific information regarding Nevada's second-degree murder law contact a local criminal defense lawyer.

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