Nevada

 
Nevada.png
 

The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

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.

  1. Nev. Rev. Stat. Ann. § 11.215(1)(a)-(b) 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 10 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.

TOLLING:

  1. Majority, yes, 18 years. Nev. Rev. Stat. §11.215(1)(a). “Reaches 18 years of age”

  2. Discovery, liberal. Nev. Rev. Stat. §11.215(1)(b). “Discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse, whichever occurs later.”

Current Criminal SOL in a nutshell

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).

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; or 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. Nev. Rev. Stat. Ann. § 171.095(1)(b)(1)-(2) .

Nev. Rev. Stat. Ann. § 171.095(1) Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:

Nev. Rev. Stat. Ann. § 171.095(1) (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.”)

Nev. Rev. Stat. Ann. § 171.095(1)(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.

Nev. Rev. Stat. Ann. § 171.095(1)(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.

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

  1. “… sexual assault, sex trafficking, 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.

NOTE: NO TIME LIMIT FOR LAW ENFORCEMENT TO CHARGE IF REPORT FILED BY Victims W/In SOL. Nev. Rev. Stat. Ann. § 171.083. (‘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(1) (‘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.”)

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 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

N/A


Religous Liberty Statute

Religious liberty statute that could put children at risk

No broad extreme religious liberty statute as of 2017.