Wright & Weiner

First degree murder is a capital offense in Nevada. If found guilty of first degree murder, a defendant may receive a sentence of life imprisonment, with or without the possibility of parole, a definite 50-year prison term with eligibility for parole after 20 years, or a death sentence. First degree murder includes murder perpetrated by means of poison, lying in wait, torture, child abuse, or any other willful, deliberate, and premeditated killing; statutorily defined felony murder; murder committed to avoid or prevent a lawful arrest or to effect escape from legal custody of any person; and murder committed under circumstances that threaten the safety of pupils and school employees.

Manslaughter is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation. Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection.

In cases of voluntary manslaughter, there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing.

Involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.

NRS 200.400 Definition; penalties.

1. As used in this section, "battery" means any willful and unlawful use of force or violence upon the person of another.
2. A person who is convicted of battery with the intent to commit mayhem, robbery or grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
3. A person who is convicted of battery with the intent to kill is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
4. A person who is convicted of battery with the intent to commit sexual assault shall be punished:
   1. If the crime results in substantial bodily harm to the victim, for a category A felony by imprisonment in the state prison:
      1. For life without the possibility of parole;
      2. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
      3. For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served, as determined by the verdict of the jury, or the judgment of the court if there is no jury.
   2. If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
   3. If the crime does not result in substantial bodily harm to the victim and the victim is a child under the age of 16, for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 15 years.

In addition to any other penalty, a person convicted pursuant to this subsection may be punished by a fine of not more than $10,000.