NEVADA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
In Nevada, there is no SOL for CSA, sex trafficking, and CSAM claims against perpetrators going backwards and forwards. The SOL for claims against other defendants is age thirty-eight with revival up to age thirty-eight.
CIVIL SOL SNAPSHOT
AGE CAP |
NONE AGAINST PERPETRATORS AGE 38 AGAINST OTHERS |
DISCOVERY TOLLING |
20 YEARS |
REVIVAL LAW |
Permanent window against perpetrators (never closes) Revival up to age 38 against others |
Liability Limitations: The State of Nevada is generally not immune from CSA claims,[i] which must be filed with the Attorney General within two years of accrual.[ii] The State is not liable for punitive damages or other damages in excess of $150,000.[iii] Charitable immunity was abolished by law.[iv]
Other Tolling Theories/Causes of Action: Nevada common law recognizes a theory of fraudulent concealment that will toll an SOL, but it has not been successfully applied to toll the SOL on claims related to CSA.[v]
Civil SOL History
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Age Cap |
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2002 |
No civil SOL for claims against a perpetrator if there was clear and convincing evidence of the abuse.[vi] Otherwise, the civil SOL was age 28 (age of majority, 18, plus 10 years against all defendants). [vii] |
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2017 |
Extended SOL to age 38 (age of majority, 18, plus 20 years).[viii] |
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2021 |
Eliminated SOL for claims against a perpetrator or someone criminally liable for sexual abuse or exploitation of a minor (including trafficking, prostitution, and pornography) and a promoter, possessor, or viewer of CSAM. It also broadened its age 38 SOL for individuals and entities to apply also to sexual exploitation of a minor, with treble damages recoverable for participating in or covering up abuse.[ix] |
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Revival Law |
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2021 |
Opened a permanent revival window on June 2, 2021 for expired claims against a perpetrator or someone criminally liable for sexual abuse or exploitation of a minor (including trafficking, prostitution, and pornography) and a promoter, possessor, or viewer of CSAM. It also revived claims up to age 38 against other types of defendants for sexual abuse or exploitation of a minor, with treble damages recoverable for participating in or covering up abuse.[x] |
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Discovery |
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Common Law |
Nevada has not recognized a common law discovery rule for CSA.[xi] |
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Statutory |
In 1991, Nevada adopted a 10-year statutory discovery rule that runs from when a victim “[d]iscovers or reasonably should have discovered that his injury was caused by the sexual abuse.”[xii] In 2017, Nevada extended its statutory discovery rule to 20 years.[xiii] The discovery statute applied to claims “arising from” the abuse. While it appears to be applicable to claims against all types of defendants, there are no reported cases in Nevada interpreting its statutory discovery rule. In 2021, when Nevada revived CSA claims and eliminated the SOL, it removed its discovery tolling provision.[xiv] The discovery provision may still be applicable to delayed discoveries of victims age 38 and older who were still within the discovery time allotted by the statute before June 2, 2021 when the discovery provision was removed from the statute. |
[i] See Nev. Rev. Stat. § 41.032; Doe ex rel. Knackert v. Estes, 926 F.Supp.979 (D. Nev. 1996) (determining school district was not entitled to sovereign immunity for negligence action arising from teacher’s sexual molestation of minor student); Doe v. Clark County School Dist., No. CV-01696, 2018 WL 1368264 (D. Nev. Mar. 15, 2018) (denying to provide a school district with discretionary immunity for negligence claims arising from a teacher’s sexual assault of student).
[ii] Nev. Rev. Stat. § 41.036.
[iii] Nev. Rev. Stat. § 41.035(1).
[iv] Nev. Rev. Stat. § 41.480 (2017) (stipulating, “[a] nonprofit corporation, association or organization formed under the laws of this State is not immune from liability for the injury or damage caused any person, firm or corporation as a result of the negligent or wrongful act of the nonprofit corporation, association or organization, or its agents, employees or servants acting within the scope of their agency or employment.”).
[v] Garcia v. Eighth Jud. Dist. Ct. of State, ex rel. Cty. of Clark, 373 P.3d 916 (Nev. 2011) (considering that fraudulent concealment requires that a defendant “used fraudulent means to keep [the party] unaware of [his/her] cause of action” and also that the party “was, in fact, ignorant of the existence of [his/her] cause of action” and thus dismissing plaintiff’s claim of fraudulent concealment finding that she was aware of the concealment at or about the time of the injury giving rise to her cause of action); Golden Nugget, Inc. v. Ham, 646 P.2d 1221, 1224 (Nev. 1982) (holding that a “plaintiff must show the means by which previously unknown information was acquired within the statutory period which led to discovery of the concealment and underlying breach of fiduciary duty”).
[vi] Petersen v. Bruen, 792 P.2d 18, 25 (Nev. 1990) (holding that the SOLs did not bar a tort action by an adult survivor of CSA where clear and convincing evidence of such abuse by the Defendant had been shown).
[vii] Id.; Nev. Rev. Stat. Ann. § 11.215 (2002) (SOL).
[viii] Nev. Rev. Stat. Ann. § 11.215 (2017) (SOL for CSA and child pornography).
[ix] Nev. Rev. Stat. Ann. § 11.215 (2021) (SOL for CSA, child pornography, and exploitation); 2021 Nev. Legis. Serv. Ch. 288 (S.B. 203).
[x] Nev. Rev. Stat. Ann. § 11.215 (revival law); 2021 Nev. Legis. Serv. Ch. 288 (S.B. 203).
[xi] Petersen, supra note 573, at 24 (declining to apply a discovery rule to toll the SOL but recognizing that the SOL will not bar a claim against a perpetrator of child sex abuse where there is clear and convincing evidence of abuse).
[xii] Nev. Rev. Stat. Ann. § 11.215 (1991).
[xiii] Nev. Rev. Stat. Ann. § 11.215 (2017).
[xiv] Nev. Rev. Stat. Ann. § 11.215 (2021).
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
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, there is no criminal SOL for sex trafficking and sexual assault, with certain reporting requirements. The SOL for other CSA felonies is age thirty-six, with a discovery rule.
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 |
No SOL, if report filed by age 36; Age 36 if a person discovered or reasonably should have discovered the abuse by age 36, but did not make a report; Age 43 if a person did not discover and could not have reasonably discovered the abuse by age 36, and did not make a report |
Nev. Rev. Stat. Ann. § 171.095(1)(b)(1)-(2) |
SEX TRAFFICKING |
No SOL, if report filed by age 36; Age 36 if a person discovered or reasonably should have discovered the abuse by age 36, but did not make a report; Age 43 if a person did not discover and could not have reasonably discovered the abuse by age 36, and did not make a report |
Nev. Rev. Stat. Ann. §§ 171.095(1)(b)(1)-(2); 171.083 |
SEX ASSAULT |
No SOL, if report filed within 20 years of offense, or 20 years from 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) |
Tolling: No additional methods of tolling.
Criminal SOL History
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Age Cap |
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2002 |
Age 21, or age 28 if the victim did not and could not have reasonably discovered that they were a victim of sexual abuse by age 21. The law also has a provision which eliminates the SOL for sexual assault and trafficking if a written report is filed with law enforcement before the SOL expires.[i]The SOL for general felonies is 3 years after commission of the offense, and for misdemeanors is 1 year after commission of the offense.[ii] |
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2013 |
Extended the SOL for sexual abuse and sex trafficking felonies and misdemeanors to age 36, or age 43 if the abuse was not reasonably discoverable by age 36.[iii] |
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2019 |
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.[iv] Added a very narrow criminal elimination statute for a sexual assault arising out of the same facts as murder.[v] |
[i] Nev. Rev. Stat. Ann. § 171.083 (2002) (no SOL), § 3283 (2002) (ten-year SOL).
[ii] Nev. Rev. Stat. Ann. §§ 171.085 (2002) (general felony SOL), 171.090 (2002) (misdemeanor SOL).
[iii] Nev. Rev. Stat. Ann. §§ 171.095(1)(b)(1)-(2) (2013) (sex trafficking SOL), 171.083 (2013) (no SOL).
[iv] Nev. Rev. Stat. Ann. § 171.082 (2019); A.B. 142, 80th Leg., Reg. Sess. (Nev. 2019).
[v] Nev. Rev. Stat. Ann. § 171.080 (2019) (no SOL); S.B. 9, 80th Leg., Reg. Sess. (Nev. 2019).
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.
Last Updated: April 21, 2021
