NEVADA

CHILD SEX ABUSE SOLs

Historical SOL

When you add CHILD USA’s SOL History treatise to our 2024 SOL Tracker, you have powerful research to back up your investigation into the SOL for each client!

CURRENT CIVIL SOL

There is no SOL for CSA, sex trafficking, and CSAM claims against perpetrators for all past and future offenses. The SOL for claims against other defendants is age 38 with revival up to age 38. 

CIVIL SOL SNAPSHOT

 

AGE CAP

CSA: None

Trafficking: None

CSAM: None

REVIVAL LAW

Permanent window against perpetrators (never closes)

Revival up to age 38 against others

DISCOVERY TOLLING

20 Years

 

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. An action to recover damages for an injury to a person arising from the sexual abuse or sexual exploitation of the plaintiff which occurred when the plaintiff was less than 18 years of age may be commenced against the alleged perpetrator or person convicted of the sexual abuse or sexual exploitation of the plaintiff at any time after the sexual abuse or sexual exploitation occurred. In such an action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual abuse or sexual exploitation, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury.
2. An action to recover damages pursuant to NRS 41.1396 may be commenced at any time.
3. An action to recover damages pursuant to NRS 41.13965 must be commenced within 20 years after the plaintiff reaches 18 years of age.
4. As used in this section:
(a) “Sexual abuse” has the meaning ascribed to it in NRS 432B.100.
(b) “Sexual exploitation” has the meaning ascribed to it in NRS 432B.110.
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

CSA: There is no criminal SOL for sexual assault if a report is filed by age 36. If a report is not filed by age 36, the SOL for sexual assault is age 36, or age 43 if the abuse was not reasonably discoverable by age 36. For other CSA felonies, the SOL is age 36 with a discovery rule.

Trafficking: The SOL for trafficking is the same as the SOL for sexual assault.

 CSAM: The SOL for CSAM violations is 3 years from the offense.

CRIMINAL SOL SNAPSHOT

 

CSA

No SOL if a report is filed by age 36

TRAFFICKING

No SOL if a report is filed by age 36

CSAM

3 years from offense

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: December 5, 2023