Section 175.533 - Finding of guilty but mentally ill upon plea of not guilty by reason of insanity; required findings; effect of finding1. During a trial, upon a plea of not guilty by reason of insanity, the trier of fact may find the defendant guilty but mentally ill if the trier of fact finds all of the following: (a) The defendant is guilty beyond a reasonable doubt of an offense;(b) The defendant has established by a preponderance of the evidence that due to a disease or defect of the mind, the defendant was mentally ill at the time of the commission of the offense; and(c) The defendant has not established by a preponderance of the evidence that the defendant is not guilty by reason of insanity pursuant to subsection 6 of NRS 174.035.2. Except as otherwise provided by specific statute, a defendant who is found guilty but mentally ill is subject to the same criminal, civil and administrative penalties and procedures as a defendant who is found guilty.3. If the trier of fact finds a defendant guilty but mentally ill pursuant to subsection 1, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of the finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.4. As used in this section:(a) "Disease or defect of the mind" does not include a disease or defect which is caused solely by voluntary intoxication.(b) "National Instant Criminal Background Check System" has the meaning ascribed to it in NRS 179A.062.Added to NRS by 2007, 1410; A 2009, 2485; 2015, 1796; 2017, 1247Amended by 2017, Ch. 237,§4, eff. 10/1/2017.Amended by 2015, Ch. 329,§2, eff. 10/1/2015.Added to NRS by 2007, 1410; A 2009, 2485