NRS § 200.280 – Mayhem – Nevada Law & Penalties

NRS § 200.280 prohibits mayhem, which is maliciously maiming, disfiguring or disabling another person in Nevada. A conviction is a category B felony that carries up to 10 years in prison and fines of up to $10,000.

Examples of mayhem include:

• Putting out an eye,
• Tearing off an arm,
• Cutting out a tongue, or
• Slitting a nose, ear, or lip.

Mayhem is a more aggravated form of the crime of battery (NRS 200.481).

In this article, our Las Vegas criminal defense attorneys discuss the following mayhem topics:

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• Additional Reading

1. Elements

For you to be convicted of mayhem in Nevada, prosecutors have to prove beyond a reasonable doubt the following three elements of the jury instructions:

1. You maim, disfigure, or incapacitate part of another person’s body,
2. The injury is permanent, and
3. You acted with malice.¹

It is not necessary that a weapon be involved.² A simple punch, kick, or bite that results in a permanent handicap or deformity qualifies as mayhem in Nevada.

Note that disfigurement is considered permanent even if physical therapy or cosmetic surgery could correct it. As long as the injury would last forever without extensive medical treatment, it qualifies as permanent under Nevada mayhem law.

Therefore, if the harm is only temporary — such as a bruise or even a broken bone — you would instead face battery charges.³ See our related article on battery causing substantial bodily harm.

Malice Requirement

You must act with malice to commit mayhem.⁴ This does not mean you must intend to maim or disfigure. Rather, courts presume there is malice if the victim’s disfigurement is a natural consequence of your actions.⁵

Here is an example from a Nevada Supreme Court case:

During a fight in Searchlight, Shirley bit off a piece of Mary Ann’s ear. Afterwards Mary Ann screamed, “Shirley, you bit a hunk out of my ear!” Shirley answered, “Good! Go to the doctor and get it sewed.”

Here, the court found that Shirley had malice to commit mayhem. Shirley’s act of biting Mary Ann’s ear hard enough to remove a piece of it — coupled with her insult about getting it sewed — shows malicious intent.⁶

 

2. Penalties

Mayhem is a category B felony in Nevada. The punishment includes:

• Two to ten (2 – 10) years in prison and
• Up to $10,000 in fines (at the judge’s discretion).⁷

Depending on the case, the D.A. may be willing to reduce the charge down to misdemeanor battery. This carries:

• Up to six (6) months in jail and/or
• Up to $1,000 in fines.

Note that there are additional penalties for using a deadly weapon in the commission of a felony (such as mayhem) under NRS 193.165.

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people accused of violent crimes such as mayhem. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed.

1) You Acted in Self-Defense

Nevada law permits you to fight back in self-defense with reasonable force if you are in immediate danger.

Example: John is walking home in Las Vegas when a stranger suddenly appears and points a gun at him. John responds by grabbing his own gun and shooting the stranger’s face. The bullet destroys his nose, causing permanent disfigurement. John committed no mayhem because he acted in lawful self-defense.

Here, John reasonably believed his life was in danger, and his response was appropriate. Had the stranger simply appeared and posed no threat, then John could face mayhem charges for causing permanent disfigurement.

2) The Incident Was an Accident

Permanently injuring a person is not mayhem unless there was malice.

Example: Helen is practicing darts on the dartboard hanging on her door. Suddenly her roommate barges in while a dart is flying, landing in her eye. It causes permanent blindness. Helen committed no mayhem because she acted with no malice.

Here, the roommate’s blindness resulted from an innocent accident. Helen had no intention to touch — let alone harm — her roommate. Therefore, no crime occurred.

3) The Injuries Are Not Permanent

Mayhem charges apply to cases only where victims sustain permanent injuries. Injuries that can heal do not count. We may be able to call medical experts to testify that the victim’s injuries are only temporary.

Note that this argument is only a partial defense. You could still face battery charges for inflicting unlawful physical force on the victim. Battery charges can apply whether or not the victim sustains injuries, permanent or temporary.

Also note that you cannot be convicted of both mayhem and battery for causing the same injury: That would be a violation of double jeopardy laws.⁸

4. Immigration Consequences

Mayhem is a deportable offense.⁹ Therefore, non-citizens convicted of mayhem can be thrown out of the U.S.

This is why it is so important for immigrants to seek legal counsel as soon as they are arrested. An attorney may be able to get the charge dropped or reduced to a non-deportable offense.

5. Record Seals

Dismissed mayhem charges are sealable right away in Nevada. However, mayhem convictions must remain on your record for 10 years. Only afterwards can you petition the court for a record seal.

Normally category B felony convictions are sealable after five (5) years. Though as a “crime of violence”, mayhem’s waiting period is 10 years.

If mayhem gets reduced to a misdemeanor battery conviction, the waiting period is two (2) year after the case ends.¹⁰

Learn how to get a Nevada criminal record seal.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Legal Aspects of Injury to Appearance – Case Western Reserve Law Review.
• Bodily Modifications and the Criminal Law – The Journal of Criminal Law.
• Mayhem, Homicide, Pardon, and Forgiveness – Hebrew Union College Annual.
• Voluntary Sterilization as a Crime: Applicability of Assault and Battery and of Mayhem – Journal of Family Law.
• Maiming as a Criminal Offense under Military Law – Army Law.

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Legal References