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Nevada Revised Statutes Title 15. Crimes and Punishments § 200.130. Bare fear insufficient to justify killing; reasonable fear required; rebuttable presumption under certain circumstances

Current as of January 01, 2021 | Updated by FindLaw Staff

1. A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, is not sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge.

2. There is a rebuttable presumption that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge if the person killing:

(a) Knew or reasonably believed that the person who was killed was entering unlawfully and with force, or attempting to enter unlawfully and with force, the occupied habitation or occupied motor vehicle, of another;

(b) Knew or reasonably believed that the person who was killed was committing or attempting to commit a crime of violence; and

(c) Did not provoke the person who was killed.

3. As used in this section:

(a) “Crime of violence” means any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.

(b) “Motor vehicle” means every vehicle which is self-propelled.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 15. Crimes and Punishments § 200.130. Bare fear insufficient to justify killing; reasonable fear required; rebuttable presumption under certain circumstances - last updated January 01, 2021 | https://codes.findlaw.com/nv/title-15-crimes-and-punishments/nv-rev-st-200-130/

Read this complete Nevada Revised Statutes Title 15. Crimes and Punishments § 200.130. Bare fear insufficient to justify killing; reasonable fear required; rebuttable presumption under certain circumstances on Westlaw. Westlaw subscription required.

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