Nevada § 200.033 - Circumstances aggravating first degree murder

§ 200.033. Circumstances aggravating first degree murder

The only circumstances by which murder of the first degree may be aggravated are: 1. The murder was committed by a person under sentence of imprisonment. 2. The murder was committed by a person who, at any time before a penalty hearing

is conducted for the murder pursuant to NRS 175.552 , is or has been convicted of: (a) Another murder and the provisions of subsection 12 do not otherwise apply to that

other murder; or (b) A felony involving the use or threat of violence to the person of another and

the provisions of subsection 4 do not otherwise apply to that felony. For the purposes of this subsection, a person shall be deemed to have been convicted

at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by

a judge or judges sitting without a jury. 3. The murder was committed by a person who knowingly created a great risk of death

to more than one person by means of a weapon, device or course of action which would

normally be hazardous to the lives of more than one person. 4. The murder was committed while the person was engaged, alone or with others, in

the commission of, or an attempt to commit or flight after committing or attempting

to commit, any robbery, arson in the first degree, burglary, invasion of the home

or kidnapping in the first degree, and the person charged: (a) Killed or attempted to kill the person murdered; or (b) Knew or had reason to know that life would be taken or lethal force used. 5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape

from custody. 6. The murder was committed by a person, for himself or herself or another, to receive

money or any other thing of monetary value. 7. The murder was committed upon a peace officer or firefighter who was killed while

engaged in the performance of his or her official duty or because of an act performed

in his or her official capacity, and the defendant knew or reasonably should have

known that the victim was a peace officer or firefighter. For the purposes of this subsection, “ peace officer ” means: (a) An employee of the Department of Corrections who does not exercise general control

over offenders imprisoned within the institutions and facilities of the Department,

but whose normal duties require the employee to come into contact with those offenders

when carrying out the duties prescribed by the Director of the Department. (b) Any person upon whom some or all of the powers of a peace officer are conferred

pursuant to NRS 289.150 to 289.360 , inclusive, when carrying out those powers. 8. The murder involved torture or the mutilation of the victim. 9. The murder was committed upon one or more persons at random and without apparent

motive. 10. The murder was committed upon a person less than 14 years of age. 11. The murder was committed upon a person because of the actual or perceived race,

color, religion, national origin, physical or mental disability, sexual orientation

or gender identity or expression of that person. 12. The defendant has, in the immediate proceeding, been convicted of more than one

offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted

of a murder at the time the jury verdict of guilt is rendered or upon pronouncement

of guilt by a judge or judges sitting without a jury. 13. The person, alone or with others, subjected or attempted to subject the victim

of the murder to nonconsensual sexual penetration immediately before, during or immediately

after the commission of the murder. For the purposes of this subsection: (a) “ Nonconsensual ” means against the victim's will or under conditions in which the person knows or

reasonably should know that the victim is mentally or physically incapable of resisting,

consenting or understanding the nature of his or her conduct, including, but not limited

to, conditions in which the person knows or reasonably should know that the victim

is dead. (b) “ Sexual penetration ” means cunnilingus, fellatio or any intrusion, however slight, of any part of the

victim's body or any object manipulated or inserted by a person, alone or with others,

into the genital or anal openings of the body of the victim, whether or not the victim

is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse

in what would be its ordinary meaning. 14. The murder was 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. For the purposes of this subsection, “school bus” has the meaning ascribed to it

in NRS 483.160 . 15. The murder was committed with the intent to commit, cause, aid, further or conceal

an act of terrorism. For the purposes of this subsection, “act of terrorism” has the meaning ascribed

to it in NRS 202.4415 .