NRS 200.040 and 200.050
When an unlawful killing of a person occurs, without express or implied malice and without any mixture of deliberation, then one may have committed Voluntary Manslaughter depending on the facts. To be charged with Voluntary Manslaughter, it must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible. There must be a serious and highly provoking injury inflicted upon the killer and it must be sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing.
Various situations of an unlawful killing of another may be charged as Voluntary Manslaughter, but all the requirements must be met. Even if there is no deliberation and the killing was done under the influence of uncontrollable passion, if the jury finds that the circumstances were not such to justify the existence or persistence of irresistible passion in a reasonable man, then second degree murder may be warranted. State of Nevada v. Ah Moot, 12 Nev. 369, 386-87 (1877). So you can see even a killing that results from an impulse of passion can either be second-degree murder or voluntary manslaughter depending on the facts.
The penalties for Voluntary Manslaughter are a category B felony and shall be punished by:
- Imprisonment for a minimum term of 1 year and a maximum term not more than 10 years; and
- A possible fine of not more than $10,000.
If you have been charged with murder or manslaughter contact the Law Offices of Garrett T. Ogata for a free consultations at 702-366-0891.