NRS § 200.120 – Justifiable Homicide – The Law in Nevada

Under Nevada Revised Statute 200.120, killing someone in lawful self-defense is justifiable homicide. You may stand your ground and fight back with lethal force as long as you:

1. are not the original aggressor,
2. have a right to be in the place where deadly force is used, and
3. are not engaging in criminal activity.

Under NRS 200.120, it is generally also justifiable homicide to kill an intruder in defense of an occupied home or motor vehicle. This is called the castle doctrine.

Justifiable homicide may be an effective defense against charges of murder or voluntary manslaughter. You are not arguing that you did not kill; instead, you are arguing that any reasonable person in your position would have killed as well.

Below, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada’s justifiable homicide laws:

• 1. Killing in Self-Defense
• 2. Stand Your Ground
• 3. No Duty to Retreat
• 4. Castle Doctrine
• 5. Can I kill home intruders?
• 6. Proving Self-Defense

1. Killing in Self-Defense

In general, homicide is lawful when it appears:

1. The danger is “urgent and pressing”, and
2. Killing is necessary to save your life or prevent great bodily harm

Nevada law also permits you to kill in defense of others, not only yourself.¹

As discussed below in sections 4 and 5, the castle doctrine permits you to kill home and vehicle intruders under certain circumstances.

Nevada is both a “stand your ground” and “castle doctrine” state.

2. Stand Your Ground

Nevada is a “stand your ground” state, under specific conditions. You may stand your ground and kill in self-defense if the following three criteria are met:

1. You did not start the fight,
2. You were not trespassing, and
3. You were not otherwise breaking the law ²

Therefore, you must be blameless in order to stand your ground.

Example: Pat and Rudy are burglarizing an empty home in Henderson, where they find a stash of cash. Pat then points his gun at Rudy and says he does not want to share the loot. Instantly, Rudy grabs the gun and shoots Pat.

Here, Rudy had a duty to retreat before fighting back. Since he was breaking the law at the time by committing burglary, he waived the “stand your ground” privilege. If Rudy gets charged with murder, he might not be able to claim self-defense.

As discussed below in sections 4 and 5, you usually do not have to retreat from your homes or cars before killing intruders.

3. No Duty to Retreat

Nevada is a stand-your-ground state. This means there is no duty to retreat before killing in self-defense if you:

1. Were not the one who started the fight,
2. Were allowed to be in the location where the lethal blow occurred, and
3. Were not committing a crime at the time³

In other words, “stand your ground” is a privilege only law-abiding people may use:

Example: Larry is walking down the street when a homeless man jumps on him and starts attacking him. Larry pulls out his pocketknife and stabs the man to death. Here, Larry had no duty to retreat because: 1) Larry did not start the fight; 2) Larry had the right to be on the street; and 3) Larry was doing nothing illegal at the time. Therefore, Larry should not face homicide charges.

And as discussed below, you usually do not have to retreat from your homes or cars before killing intruders.

4. Castle Doctrine

Nevada is a “castle doctrine” state. This means that when an intruder breaks into an occupied home or automobile, it is generally justifiable homicide for you to kill the intruder. There is no duty to retreat under NRS 200.120, even if there is an open door or window through which to escape.

Note that the home or vehicle must have at least one person in it for NRS 200.120 to apply:⁴

Example: Joan is walking home when she sees a stranger breaking into her sedan. There is no one inside at the time. Joan immediately takes out her gun and shoots the stranger dead. Here, the castle doctrine does not protect Joan. Since the car was unoccupied, Joan was not justified in killing the intruder. She could face murder or manslaughter charges.

In the above example, Joan could have legally killed the intruder if her child or someone else was in the vehicle at the time. (Also, see our page on the difference between the castle doctrine and stand your ground.)

5. Can I kill home intruders?

Yes, Nevada’s castle doctrine justifies killing home intruders if:

1. There is at least one person in the home, and
2. It appears the intruder may be violent

So if it is clear the intruder means no harm, you could face homicide charges for killing them:⁵

Example: Jeremy is in his study when he hears footsteps in his kitchen. He grabs his gun and peeks down the hall. It is his neighbor’s young son stealing cookies off the counter. In this case, Jeremy would not be justified in shooting the boy dead. The boy was not acting menacingly enough to make any act of self-defense necessary.

As discussed above, you usually have “no duty to retreat” from your car or home before killing a dangerous intruder.

6. Proving Self-Defense

Self-defense is an affirmative defense. This means that you have the initial burden to present evidence that the killing was done in self-defense.

As long as there is some evidence backing up your claims, the prosecution then has the burden to prove that the use of deadly force was unreasonable and unnecessary.⁶

Legal References