Finding of guilty but mentally ill upon plea of not guilty by reason of insanity; required findings; effect of finding.
Nev. Rev. Stat. § 175.533
in effect1. During a trial, upon a plea of not guilty by reason of insanity, the trier of fact may find the defendant guilty but mentally ill if the trier of fact finds all of the following:
(a) The defendant is guilty beyond a reasonable doubt of an offense;
(b) The defendant has established by a preponderance of the evidence that due to a disease or defect of the mind, the defendant was mentally ill at the time of the commission of the offense; and
(c) The defendant has not established by a preponderance of the evidence that the defendant is not guilty by reason of insanity pursuant to subsection 6 of NRS 174.035 .
2. Except as otherwise provided by specific statute, a defendant who is found guilty but mentally ill is subject to the same criminal, civil and administrative penalties and procedures as a defendant who is found guilty.
3. If the trier of fact finds a defendant guilty but mentally ill pursuant to subsection 1, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of the finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
4. As used in this section:
(a) Disease or defect of the mind does not include a disease or defect which is caused solely by voluntary intoxication.
(b) National Instant Criminal Background Check System has the meaning ascribed to it in NRS 179A.062 .
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-175.htmlFetched: 10/4/2026