41B.250 - Criminal action: Conclusive effect of judgment of conviction; admissibility of judgment of conviction in civil action. - Nevada Statutes

41B.250  Criminal action: Conclusive effect of judgment of conviction; admissibility of judgment of conviction in civil action.

      1.  If a court in this state or any other jurisdiction enters a judgment of conviction against a person in which the person is found to have been a culpable actor in the felonious and intentional killing of a decedent:

      (a) The conviction conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and

      (b) The person shall be deemed to be a killer of the decedent.

      2.  Notwithstanding the provisions of NRS 48.125 or 51.295 or any other provision of law, a judgment of conviction described in subsection 1, including, without limitation, a judgment of conviction based upon a plea of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.

      3.  For the purposes of this section:

      (a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.

      (b) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:

             (1) The court has imposed a sentence, a penalty or other sanction for the conviction; or

             (2) The person has exercised any right to appeal the conviction.

      (c) A killing in this state that constitutes murder of the first or second degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be deemed to be a felonious and intentional killing.

      (Added to NRS by 1999, 1351)