175.547 - Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined. - Nevada Statutes

175.547  Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined.

      1.  In any case in which a defendant pleads or is found guilty or guilty but mentally ill of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of the prosecuting attorney’s intention to request such a hearing.

      2.  A hearing requested pursuant to subsection 1 must be conducted before:

      (a) The court imposes its sentence; or

      (b) A separate penalty hearing is conducted.

      3.  At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

      4.  The court shall enter its finding in the record.

      5.  For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was the person’s sexual gratification.

      (Added to NRS by 1995, 413; A 1997, 1666; 2007, 1412)