Self-Defense Laws in Nevada
Whether Nevada has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: Nevada has a stand-your-ground rule. A person is not required to retreat before using deadly force as provided in NRS 200.120(1) if the person: '(a) Is not the original aggressor; NRS 200.120, 200.130
| Stand your ground / duty to retreat | Nevada has a stand-your-ground rule. A person is not required to retreat before using deadly force as provided in NRS 200.120(1) if the person: '(a) Is not the original aggressor; (b) Has a right to be present at the location where deadly force is used; and (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used' (NRS 200.120(2)). Justifiable homicide includes killing in necessary self-defense or defense of a person against one who manifestly intends or endeavors to commit a crime of violence (NRS 200.120(1)). A bare fear is not enough; the circumstances must be sufficient to excite the fears of a reasonable person (NRS 200.130). Source: NRS 200.120, 200.130 |
|---|---|
| Castle doctrine (defending your home) | Justifiable homicide includes killing in defense of an occupied habitation or an occupied motor vehicle against any person who manifestly intends and endeavors, in a violent, riotous, tumultuous or surreptitious manner, to enter it for the purpose of assaulting or offering personal violence to anyone inside (NRS 200.120(1)). 'There is a rebuttable presumption that the circumstances were sufficient to excite the fears of a reasonable person' if the killer knew or reasonably believed the person killed was unlawfully entering or attempting to enter an occupied habitation or occupied motor vehicle and was committing or attempting a crime of violence, and the killer did not provoke the person (NRS 200.130(2)). Civil: a person lawfully in a residence, transient lodging or motor vehicle who uses force intended or likely to cause death or bodily injury against a person committing burglary, invasion of the home, or grand larceny of a motor vehicle with a deadly weapon is presumed to have had a reasonable fear of imminent death or bodily injury, rebuttable only by clear and convincing evidence; such force is immune from civil liability for personal injury or wrongful death if justified under NRS chapter 200 (NRS 41.095). Civil presumption and immunity: https://www.leg.state.nv.us/NRS/NRS-041.html Source: NRS 41.095, 200.120, 200.130 |
More Nevada criminal law
- Felony Theft Amount and Penalties in Nevada
- Criminal Statutes of Limitations in Nevada
- Bail, Pretrial Release and Public Defenders in Nevada
- Assault Laws in Nevada
- Battery Laws in Nevada
- Domestic Violence Charges in Nevada
- Shoplifting and Petty Theft in Nevada
- Burglary and Robbery in Nevada
- Vandalism Laws in Nevada
- Trespassing Laws in Nevada
- Drug Possession Laws in Nevada
- Hit and Run Laws in Nevada
- Reckless Driving in Nevada
- Harassment and Stalking Laws in Nevada
- Resisting Arrest in Nevada
- Missing a Court Date in Nevada
- Probation Violations in Nevada
- Obstruction of Justice in Nevada
- Perjury Laws in Nevada
- Public Intoxication in Nevada
- Disorderly Conduct in Nevada
- Indecent Exposure in Nevada
- Prostitution and Solicitation Laws in Nevada
- Gambling Laws in Nevada
- Embezzlement Laws in Nevada
- Fraud and Identity Theft in Nevada
- Forgery Laws in Nevada
- Blackmail and Extortion Laws in Nevada
- Murder Laws in Nevada
- Manslaughter Laws in Nevada
- Child Endangerment Laws in Nevada
- Arson Laws in Nevada
- Animal Cruelty Laws in Nevada
- Revenge Porn Laws in Nevada
- Cyberbullying Laws in Nevada
- Sexting Laws in Nevada
- Money Laundering Laws in Nevada
- Human Trafficking Laws in Nevada
- Jaywalking Laws in Nevada
- Open Container Law in Nevada
- Underage Drinking and Fake ID Laws in Nevada
- Driving on a Suspended License in Nevada
- Driving Without a License in Nevada
- Knife Laws in Nevada
- Fireworks Laws in Nevada
- Kidnapping Laws in Nevada
- Criminal Threats Laws in Nevada
- Car Theft Laws in Nevada
- Receiving Stolen Property in Nevada
- Organized Retail Theft in Nevada
- Drug Trafficking Laws in Nevada
- Prescription Fraud Laws in Nevada
- Vehicular Assault Laws in Nevada
- Street Racing Laws in Nevada
- Boating Under the Influence in Nevada
- Insurance Fraud Laws in Nevada
- Welfare and Unemployment Fraud in Nevada
- Bribery Laws in Nevada
- Sexual Assault Laws in Nevada
- Child Sexual Abuse Laws in Nevada
- Child Sexual Abuse Material Laws in Nevada
- Online Solicitation of a Minor in Nevada
- Sex Offender Registration in Nevada
- Felon in Possession of a Firearm in Nevada
- Computer Crime Laws in Nevada
- Recording Laws in Nevada
- False Police Report Laws in Nevada
- Hate Crime Laws in Nevada
- Parole Violations in Nevada
- Violating a Protective Order in Nevada
- Juveniles Tried as Adults in Nevada
- The Death Penalty in Nevada
- Voting Rights After a Felony in Nevada
- Restoring Civil Rights After a Felony in Nevada
- Three Strikes and Habitual Offender Laws in Nevada
- Delta-8 and Hemp THC Laws in Nevada
- Psilocybin Laws in Nevada
- Kratom Laws in Nevada
- CBD Laws in Nevada
- Tobacco and Vaping Laws in Nevada
- Elder Abuse Laws in Nevada
- Voyeurism Laws in Nevada
- Assault on a Police Officer in Nevada
- All Nevada criminal law rules
FAQ
Is Nevada a stand your ground state?
Nevada has a stand-your-ground rule. A person is not required to retreat before using deadly force as provided in NRS 200.120(1) if the person: '(a) Is not the original aggressor; (b) Has a right to be present at the location where deadly force is used; and (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used' (NRS 200.120(2)). Justifiable homicide includes killing in necessary self-defense or defense of a person against one who manifestly intends or endeavors to commit a crime of violence (NRS 200.120(1)). A bare fear is not enough; the circumstances must be sufficient to excite the fears of a reasonable person (NRS 200.130).
Does Nevada have a castle doctrine?
Justifiable homicide includes killing in defense of an occupied habitation or an occupied motor vehicle against any person who manifestly intends and endeavors, in a violent, riotous, tumultuous or surreptitious manner, to enter it for the purpose of assaulting or offering personal violence to anyone inside (NRS 200.120(1)). 'There is a rebuttable presumption that the circumstances were sufficient to excite the fears of a reasonable person' if the killer knew or reasonably believed the person killed was unlawfully entering or attempting to enter an occupied habitation or occupied motor vehicle and was committing or attempting a crime of violence, and the killer did not provoke the person (NRS 200.130(2)). Civil: a person lawfully in a residence, transient lodging or motor vehicle who uses force intended or likely to cause death or bodily injury against a person committing burglary, invasion of the home, or grand larceny of a motor vehicle with a deadly weapon is presumed to have had a reasonable fear of imminent death or bodily injury, rebuttable only by clear and convincing evidence; such force is immune from civil liability for personal injury or wrongful death if justified under NRS chapter 200 (NRS 41.095).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.