The death penalty—also known as capital punishment—refers to the process of state and federal courts sentencing persons convicted of the most serious criminal offenses (capital offenses or capital crimes) to death. The specific crimes and circumstances for which the death penalty is a potential punishment (usually murder) are defined by state and federal statutes enacted by state legislatures and the United States Congress, respectively.

These death penalty or capital punishment statutes are often located in the penal or criminal code, and often in the same statute that defines a criminal offense such as murder. Twenty-two states and the District of Columbia do not have the death penalty as a potential punishment for any criminal offense.

In Nevada, the death penalty is a legal form of punishment for certain capital offenses, primarily for first-degree murder with aggravating circumstances. The specific criteria for capital punishment are outlined in the Nevada Revised Statutes (NRS), particularly in NRS 200.030, which defines murder, and NRS 200.033, which lists the aggravating circumstances that can lead to a death sentence. These aggravating factors include aspects such as the crime being committed in a particularly cruel or depraved manner, the victim being under 14 years of age, or the murder being committed to avoid arrest or escape custody. Nevada's use of the death penalty is consistent with federal law, which allows capital punishment under the Eighth Amendment, provided that the procedure does not constitute 'cruel and unusual punishment.' However, it's important to note that the application of the death penalty is subject to ongoing legal and public policy debates, and practices can evolve over time due to legislative changes, court rulings, and shifts in public opinion.