Nevada Criminal Statute of Limitations

Statutes of limitations set time limits for the government to bring criminal charges in a case. Learn about the time limits for filing criminal charges in Nevada, as well as how the law starts and stops the "time clock" in certain cases.

By , Attorney

Statutes of limitations set time limits for the government to bring criminal charges in a case. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.

In Nevada and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and terrorism) have no statute of limitations—meaning a criminal case can be filed at any time. In certain instances, statutes of limitations are "tolled" (suspended), allowing the government more time to bring a case.

Statute of Limitations: Felonies, Gross Misdemeanors, and Simple Misdemeanors

Like many states, Nevada's law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime.

The general time limits for other crimes are:

(Nev. Rev. Stat. §§ 171.080 to .100 (2020).)

Statute of Limitations: Specific Crimes

Below are examples of time limits for specific crimes in Nevada. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances and exceptions.

And know that changes to limitations periods made by the legislature apply only to crimes not yet time-barred. This means that, if the prosecution already ran out of time to file charges under the old law, any new changes to the law extending time limits don't apply.

Murder and Manslaughter

Sex Offenses

  • Sexual assault: 20 years
  • Sex trafficking of adult: four years
  • Child sex abuse or child sex trafficking: before the victim turns 36, or if the victim is unaware of being a victim at age 36, before the victim turns 43

Theft and Fraud-Related Offenses

  • Theft, robbery, and burglary: four years
  • Forgery, securities and business fraud, and felony deceptive trade practices fraud: four years
  • Felony identity theft of a victim younger than 18: four years after the victim discovers the offense or reasonably should have discovered the offense

Tolling the Statute of Limitations

Generally, the statute of limitations starts when the crime occurs. But in circumstances where it's difficult to discover the crime or a victim might be particularly scared to report it, the law might delay the starting of the time clock or extend the limitations period.

DNA evidence. For instance, Nevada law allows sexual assault crimes to be prosecuted at any time if DNA evidence establishes the accused's identity.

Report to police. The law also removes any time limits for prosecuting sexual assault and sex trafficking cases when a victim reports the crime to police during the original limitations period. And the time limits for bringing kidnapping and attempted murder charges are extended by five years if reported to police within the original three-year limitations period.

Victim under disability. The limitations period for prosecuting sexual assault or sex trafficking cases excludes any amount of time the victim remains under a disability. The definition of disability includes a victim who is intellectually disabled, mentally incompetent, or in a comatose state.

Crimes committed in secret. Nevada allows extra time for the prosecutor to file charges when crimes are committed "in a secret manner." In these cases, the time limit does not start until the offense is discovered.

Time to Talk to a Lawyer

Statutes of limitations are confusing to say the least. The same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. And because lawmakers can make changes to statutes of limitations, the time limit currently in law might not apply to a past crime. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.

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