Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE14 PROCEDURE IN CRIMINAL CASES |
CHAPTER178. General Provisions |
INQUIRY INTO COMPETENCE OF DEFENDANT AND PROCEDURE FOLLOWING FINDING OF INCOMPETENCE |
NRS178.400. Incompetent person cannot be tried or adjudged to punishment for public offense.
Latest version.
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1. A person may not be tried or adjudged to punishment for a public offense while incompetent.
2. For the purposes of this section, “incompetent” means that the person does not have the present ability to:
(a) Understand the nature of the criminal charges against the person;
(b) Understand the nature and purpose of the court proceedings; or
(c) Aid and assist the person’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.
[1911 Cr. Prac. § 535; RL § 7385; NCL § 11183]—(NRS A 1981, 1656; 1995, 2458; 2007, 185)