This paper presents an experimental study showing that the humanoid robot NAO, in a condi;on already validated with regards to its capacity to trigger situa;onal empathy in humans, is able to s;mulate the a=ribu;on of mental states towards itself. Indeed, results show that par;cipants not only experienced empathy towards NAO, when the robot was afraid of losing its memory due to a malfunc;on, but they also a=ributed higher scores to the robot emo;onal intelligence in the A=ribu;on of Mental State Ques;onnaire, in comparison with the users in the control condi;on. This result suggests a possible correla;on between empathy toward the robot and humans' a=ribu;on of mental states to it.