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

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)