Nevada § 200.033 - Circumstances aggravating first degree murder
Full text of Nevada Nevada Revised Statutes § 200.033 — Circumstances aggravating first degree murder, with citation guidance and answers to common questions.
§ 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 .
Frequently Asked Questions About Nevada § 200.033
What does Nevada Revised Statutes § 200.033 cover?
Section 200.033 ("Circumstances aggravating first degree murder") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 200.033?
A common citation format is "Nevada Revised Statutes § 200.033" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 200.033 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.