NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually
Marsy's Law 

NACDL is providing resources regarding the Criminalization of Pregnancy and Reproductive Health to the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.

The Nevada Revised Statutes (NRS) affirmatively protect the right to abortion to 24 weeks of pregnancy; abortion after 24 weeks is permitted if necessary to protect the mother’s life or health. (NRS 442.250.) Prior laws criminalizing certain actions relating to the termination of a pregnancy were removed from the books in 2019, when the Nevada legislature passed Senate Bill 179, the Trust Nevada Women Act. The Act, which amended several statutes, also removed burdensome informed consent laws and several other barriers to accessing abortion in Nevada.

See the various issues on which NACDL has conducted criminal justice advocacy in Nevada. Scroll to the bottom of the page to see active legislation in Nevada that NACDL is tracking.

NACDL supported legislation to require recording of certain custodial interrogations in Nevada.

NACDL supports abolition of the death penalty in Nevada and all other states that continue to utilize it.

NACDL opposed Marsy's Law, a sweeping victims' rights constitutional amendment, in Nevada.

NACDL hosted a National Advocacy Call on Developing Legislation on Wednesday, April 12, 2017 focused on how state advocates can help stave off the aggressive proponents of Marsy's Law legislation. 

Policies and rulings on lengthy imprisonment terms in Nevada.

Letter to the Nevada state Assembly Judiciary Committee regarding a proposal to abolish the death penalty statewide, as addressed in AB 395 (2021).

Information on the policy and history of recording custodial interrogations in Nevada.

Attorney-client communications federal caselaw and state-specific anecdotal data in Nevada

District Court Clark County, Nevada: Nevada v. Lobato 

Amicus Brief of the National Juvenile Defender Center, National Assocaition of Criminal Defense Lawyers, et. al.

National Association of Criminal Defense Lawyers Amicus Curiae Brief in Support of Appellant.

Argument: The court should interpret Nevada law to avoid any conflict with constitutional principles. Fundamental principles of federalism and due process preclude the extraterritorial application of Nevada law to out-of-state conduct at issue here – the unilateral recording of a telephone call where the call is placed in a jurisdiction where that is permitted. The federal structure of the United States precludes state regulation and criminalization of lawful conduct in other states. Due Process precludes any state from criminalizing conduct that occurs out-of-state and is legal where is occurs. Modern telecommunication technology and practices exacerbate the due process violation. The Commerce Clause precludes extraterritorial regulation of the use of an instrumentality of interstate commerce. Buckles proposes a facially unconstitutional direct regulation of interstate commerce. The threat of inconsistent regulation would further invalidate extraterritorial application of Nevada's standards to Ditech's conduct. Using interstate telecommunications networks to project state-law authority into other states would turn settled notions of the federal-state allocation of power upside down. Congress has occupied the field of privacy regulation of interstate telecommunications. Any extraterritorial extension of NRS 200.620 should be prospective only.