Nevada

 
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A statute of limitation (“SOL”) is a legal deadline for pressing criminal charges or filing civil claims.  Once an SOL has expired, a claim or charge cannot be brought. The length of time during which different actions can be brought varies from state to state.  There is no SOL for certain crimes, so actions can be brought at any time. An SOL for a civil lawsuit about a contract may be different from a lawsuit about a personal injury and both may be of varying durations between different states. SOLs can begin running at different times.

Many SOLs begin to run at the time of an offense. An SOL can be “tolled”, or suspended, and won’t begin running until a triggering event. In cases of childhood sexual abuse, an SOL will often be tolled until a minor turns 18 (i.e. majority tolling). Certain discoveries, such as a realization that a person’s suffering is the result of childhood sexual abuse, can toll an SOL (i.e. discovery tolling). Also, DNA evidence newly connecting a perpetrator to a crime can sometimes be used to prosecute a criminal defendant even after the SOL has already expired.

Some states have passed laws to increase access to justice for victims of childhood sexual abuse by temporarily reviving time-barred civil claims, allowing victims to recover against perpetrators and responsible institutions.  

Child Sex Abuse Statutes of Limitation and Related Laws

Current Civil SOL

In Nevada, the civil SOL for child sex abuse claims is capped at age 38 (age of majority, 20, plus 18 years). There is also a discovery rule, which allows victims up to 20 years to file a claim after discovering an injury caused by the abuse.

SOL vs. perp: +10 years from majority = Age 28
SOL vs. employer: +10 years from majority = Age 28

Majority Tolling: Age 18
Discovery Tolling: Liberal

SOL: + 10 years from majority or liberal discovery, whichever is later.


Nevada State Law Provides

Actions for damages for injury arising from sexual abuse of minor; exception for actions involving injury arising from appearance of minor in pornography

  1. Except as otherwise provided in subsection 2 and NRS 217.007, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 20 years after the plaintiff:

    (a) Reaches 18 years of age; or
    (b) Discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse, whichever occurs later.

  2. An action to recover damages pursuant to NRS 41.1396 must be commenced within 20 years after the occurrence of the following, whichever is later: (a) The court enters a verdict in a related criminal case; or (b) The victim reaches the age of 18 years.
  3. As used in this section, “sexual abuse” has the meaning ascribed to it in

NRS 432B.100.

TOLLING:

Majority, yes, 18 years.

Nev. Rev. Stat. §11.215(1)(a).

Discovery, liberal.

Nev. Rev. Stat. §11.215(1)(b).

Current Criminal

In Nevada, there is no criminal SOL if a report is filed with law enforcement within the statute of limitations for sexual assault or sex trafficking. The criminal SOL expires by the date on which the victim reaches the age of 36 if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking. The criminal SOL expires by the date on which the victim reaches the age of 43 if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking.

None if a report is filed with law enforcement within the statute of limitations for sexual assault or sex trafficking.

Age 36 if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches that age (applies to all claims not barred on October 1, 2013).

Age 43 if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches 36 years of age (applies to all claims not barred on October 1, 2013).


Nevada State Law Provides:

Limitations for offenses committed in secret manner, offenses constituting sexual abuse or sex trafficking of child and offenses regarding personal identifying information

  1. Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:

    (a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085, 171.090 and 624.800 after the discovery of the offense, unless a longer period is allowed by paragraph (b) or (c) or the provisions of NRS 202.885.
    (b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child as defined in NRS 432B.100 or sex trafficking of a child as defined in NRS 201.300, before the victim is:

    (1) Thirty-six years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches that age; or
    (2) Forty-three years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches 36 years of age.

(c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who is less than 18 years of age at the time of the commission of the offense, an indictment for the offense must be found, or an information or complaint filed, within 4 years after the victim discovers or reasonably should have discovered the offense.

N.R.S. 171.095 (1)

Limitations for felonies. Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for:

  1. Theft, robbery, burglary, forgery, arson, sexual assault, a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.
  2. Any felony other than the felonies listed in subsection 1 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

NRS 171.085

No limitation for sexual assault or sex trafficking if written report filed with law enforcement officer during period of limitation; effect of disability on period of limitation.

Nev. Rev. Stat. Ann. § 171.083

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If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault, a person authorized to act on behalf of a victim of a sexual assault, or a victim of sex trafficking or a person authorized to act on behalf of a victim of sex trafficking, files with a law enforcement officer a written report concerning the sexual assault or sex trafficking, the period of limitation prescribed in NRS 171.085 and 171.095 is none and there is no limitation of the time within which a prosecution for the sexual assault or sex trafficking must be commenced.

Nev. Rev. Stat. Ann. § 171.083

Age of Majority: 18 unless subject to supervision of juvenile court (then 21). See, Nev. Rev. Stat. Ann. § 62A.030(1).
Age of Consent: 16. See, Nev. Rev. Stat. Ann. § 200.364.

Age of Marriage with Parental Consent: 16 (under 16 with judicial consent).
Age of Marriage without Parental Consent: 18.
See, Nev. Rev. Stat. §§ 122.020, 122.025.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

A parent shall not be considered negligent solely for providing spiritual treatment by a legitimate religion. There are also exemptions for recognized “nonmedical remedial treatment”, however it is difficult to classify Christian Science treatment as recognized under Nevada law.

Nevada Law Provides:
A person who, legitimately practicing his or her religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.
Nevada Revised Statutes §128.106(1)(3) (on termination of parental rights)

Note: Nevada also has exceptions for “nonmedical remedial treatment” that is “recognized and permitted” by Nevada law “in lieu of medical treatment.” See Nevada Revised Statutes §432B.020(2), §128.013(2), and §200.5085. Although the Christian Science church claims that their prayers are nonmedical remedial treatment, we do not see how they could qualify as such under Nevada law. There is no Nevada law recognizing prayer or ritual as a substitute for necessary medical treatment of a sick child.

CRIMINAL MEDICAL NEGLECT STATUTE

There is no religious exemption to criminal liability for parents failing to provide medical care based on faith.

Nevada Criminal Statute:
None


DNA Provision

Current DNA Provision

*As of December 2018

N/A


Religous Liberty Statute

Religious liberty statute that could put children at risk

No broad extreme religious liberty statute as of 2017.

The information provided is solely for informational purposes and is not legal advice. To determine the SOL in a particular case, contact a lawyer in the state.