NEVADA

CHILD SEX ABUSE SOLs

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. There is no SOL for actions against perpetrators if there is clear and convincing evidence of abuse.

CIVIL SOL SNAPSHOT

AGE CAP

Age 38

No SOL against perpetrator if clear and convincing evidence of abuse

DISCOVERY TOLLING

20 Years

REVIVAL LAW

NONE

 

Changes Since 2002:

Age Cap: In 2002, the civil SOL was age 28 (age of majority, 18, plus 10 years).  In 2017, it was extended to age 38 (age of majority, 18, plus 20 years). However, there is no SOL for claims against a perpetrator only when there is clear and convincing evidence of sexual abuse.

Discovery:  In 2002, Nevada’s discovery rule was 10 years. In 2017, it extended the discovery rule to 20 years after a victim discovers that the injury was caused by the sex abuse (ie. criminal conviction).

Revival Law:  Nevada has not passed a window or other SOL revival legislation since 2002.

CURRENT NEVADA CIVIL LAW

Nev. Rev. Stat. Ann. § 11.215 - 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.

Case law

Petersen v. Bruen, 106 Nev. 271, 281–82, 792 P.2d 18, 24–25 (1990)

Nevada Supreme court held that the SOL does not bar an action for child sex abuse when there is clear and convincing evidence showing that the defendant had sexually abused the plaintiff.

CURRENT CRIMINAL SOL

In Nevada, the SOL for sex abuse and sex trafficking is age 36, or age 43 where the abuse was not discovered before age 36, and the SOL for other felonies is 4 years after a victim discovers their abuse. There is no SOL for felony sexual assault if the perpetrator is established with DNA evidence.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

SEXUAL ASSAULT ARISING OUT OF THE SAME FACTS AS MURDER

No SOL Nev. Rev. Stat. Ann. § 171.080

SEXUAL ABUSE

Age 36, or age 43 if discovered after age 36 Nev. Rev. Stat. Ann. § 171.095(1)(b)(1)-(2)

SEX TRAFFICKING

No SOL, if report filed by age 36, or age 43 if discovered after age 36 Nev. Rev. Stat. Ann. §§ 171.095(1)(b)(1)-(2); 171.083

SEX ASSAULT

No SOL, if report filed within 20 years of offense Nev. Rev. Stat. Ann. §§ 171.085(2); 171.083

OTHER FELONIES

4 years after a victim discovers abuse Nev. Rev. Stat. Ann. § 171.095(1)(c)

DNA SNAPSHOT

 

FELONY SEXUAL ASSAULT

No SOL Nev. Rev. Stat. Ann. § 171.082

Changes Since 2002:

In 2002, the criminal SOL in Nevada was age 21, or 28 years old if the victim did not and could not have reasonably discovered that they were a victim of sexual abuse by age 21.  It also has a provision which removes the SOL if a written report is filed with law enforcement before the SOL expires.  In 2013, the criminal SOL for sexual abuse and sex trafficking was extended to age 36, or age 43 if the abuse was not reasonably discoverable by age 36 for felonies and misdemeanors.  In 2019, Nevada added a DNA discovery rule, eliminating the criminal SOL for felony sexual assault where the identity of an accused perpetrator is established by DNA evidence.  It also added a very narrow criminal elimination statute for a sexual assault arising out of the same facts as murder.

CURRENT NEVADA CRIMINAL LAW

Nev. Rev. Stat. Ann. §§ 171.095 - 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 and section 1 of this act:

(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.

2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

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

1. Except as otherwise provided in NRS 171.080, 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 removed and there is no limitation of the time within which a prosecution for the sexual assault or sex trafficking must be commenced.

2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.

3. If a victim of a sexual assault or sex trafficking is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault or sex trafficking is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.

4. For the purposes of this section, a victim of a sexual assault or sex trafficking is under a disability if the victim is insane, intellectually disabled, mentally incompetent or in a medically comatose or vegetative state.

5. As used in this section, “law enforcement officer” means:

(a) A prosecuting attorney;

(b) A sheriff of a county or the sheriff’s deputy;

(c) An officer of a metropolitan police department or a police department of an incorporated city; or

(d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

Nev. Rev. Stat. Ann. § 171.082 - Identify of person committing a sexual assault established by biological specimen; period of limitation for prosecution

1. If the identity of a person who is accused of committing a sexual assault is established by conducting a genetic marker analysis of a biological specimen and obtaining a DNA profile, the period of limitation prescribed in NRS 171.085 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced.

2. As used in this section:

(a) “Biological specimen” has the meaning ascribed to it in NRS 176.09112.

(b) “DNA profile” has the meaning ascribed to it in NRS 176.09115.

(c) “Genetic marker analysis” has the meaning ascribed to it in NRS 176.09118.

Case Law

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

IT'S EASY TO DONATE TO CHILD USA

                                               

CONTACT US

info@childusa.org

215.539.1906

3508 Market Street

Suite 202

Philadelphia, PA 19104

 

 

JOIN OUR NEWSLETTER

Select list(s) to subscribe to


By submitting this form, you are consenting to receive marketing emails from: CHILD USA, 3508 MARKET STREET, Philadelphia, PA, 19104. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact