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NRS 34.920

“Factual innocence” defined

Applied in 2 court decisions — leading case BENNETT (ASHLEY) v. STATE (2022)

Most recently applied in 140 Nev. Adv. Op. No. 78 - SANCHEZ (HUGO) v. STATE (December 2024)

(Added to NRS by 2019, 2977)

“Factual innocence” means that a person did not:

1. Engage in the conduct for which he or she was convicted;

2. Engage in conduct constituting a lesser included or inchoate offense of the crime for which he or she was convicted;

3. Commit any other crime arising out of or reasonably connected to the facts supporting the indictment or information upon which he or she was convicted; and

4. Commit the conduct charged by the State under any theory of criminal liability alleged in the indictment or information.

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