Title 178 · NRS Chapter 178

Incompetent person cannot be tried or adjudged to punishment for public offense.

Citation: NRS 178.400

Section: 178.178.400

NRS

178.400

Incompetent person cannot be tried or adjudged to punishment for public offense.

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 )