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NRS 200.035

Circumstances mitigating first degree murder

Applied in 35 court decisions — leading case Lockett v. Ohio (1978)

Most recently applied in Taylor (Donald) Vs. State (September 2020)

(Added to NRS by 1977, 1543)

How often courts cite this section

19781980199020002010202030
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Murder of the first degree may be mitigated by any of the following circumstances, even though the mitigating circumstance is not sufficient to constitute a defense or reduce the degree of the crime:

1. The defendant has no significant history of prior criminal activity.

2. The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance.

3. The victim was a participant in the defendant’s criminal conduct or consented to the act.

4. The defendant was an accomplice in a murder committed by another person and the defendant’s participation in the murder was relatively minor.

5. The defendant acted under duress or under the domination of another person.

6. The youth of the defendant at the time of the crime.

7. Any other mitigating circumstance.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.