Nevada § 412.3945 - Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court
Full text of Nevada Nevada Revised Statutes § 412.3945 — Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court, with citation guidance and answers to common questions.
§ 412.3945. Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court
1. It is an affirmative defense in trial by court-martial that, at the time of the
commission of the acts constituting the offense, the accused, as a result of a severe
mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness
of his or her acts and, thus, lacked mental responsibility for those acts. Mental disease or defect does not otherwise constitute a defense. 2. The accused has the burden of proving the defense of lack of mental responsibility
by clear and convincing evidence. 3. Whenever lack of mental responsibility of the accused with respect to an offense
is properly at issue, the military judge shall instruct the members of the court as
to the defense of lack of mental responsibility under this section and charge them
to find the accused: (a) Guilty; (b) Not guilty; or (c) Not guilty by reason of lack of mental responsibility. Notwithstanding the provisions of NRS 412.396 , the accused may only be found not guilty by reason of lack of mental responsibility
pursuant to paragraph (c) if a majority of the members of the court-martial present
at the time the vote is taken determines that the defense of lack of mental responsibility
has been established. 4. The provisions of this subsection and subsection 3 do not apply to a court-martial
composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial
officer, whenever lack of mental responsibility of the accused with respect to an
offense is properly at issue, the military judge or summary court-martial officer
shall find the accused: (a) Guilty; (b) Not guilty; or (c) Not guilty only by lack of mental responsibility. Notwithstanding the provisions of NRS 412.396 , the accused may be found not guilty only by reason of lack of mental responsibility
pursuant to paragraph (c) only if the military judge or summary court-martial officer
determines that the defense of lack of mental responsibility has been established.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 412.3945
What does Nevada Revised Statutes § 412.3945 cover?
Section 412.3945 ("Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court") 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 § 412.3945?
A common citation format is "Nevada Revised Statutes § 412.3945" (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 § 412.3945 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.