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NRS 200.140

Justifiable homicide by peace officer

Applied in 3 court decisions — leading case Tennessee v. Garner (1985)

Most recently applied in Tennessee v. Garner (March 1985)

[1911 C&P § 131; RL § 6396; NCL § 10078]—(NRS A 1975, 323; 1993, 931; 2013, 270; 2021, 2642)

How often courts cite this section

19751980198510
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.

1. Homicide is justifiable when committed by a peace officer, or person acting under the command and in the aid of the peace officer, in the following cases:

(a) In obedience to the judgment of a competent court.

(b) When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.

(c) When necessary:

(1) In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony;

(2) In attempting, by lawful ways or means and in accordance with the provisions of NRS 171.1455, to apprehend or arrest a person;

(3) In lawfully suppressing a riot or preserving the peace; or

(4) Except as otherwise provided in NRS 193.304, in protecting against an imminent threat to the life of a person.

2. As used in this section, “peace officer” has the meaning ascribed to it in NRS 169.125.

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