Blog

Time of Commencing Criminal Actions

    NRS 171.080  No statute of limitation for murder or terrorism.  There is no limitation of the time within which a prosecution for:

      1.  Murder must be commenced. It may be commenced at any time after the death of the person killed.

      2.  A violation of NRS 202.445 must be commenced. It may be commenced at any time after the violation is committed.

      [1911 Cr. Prac. § 71; RL § 6921; NCL § 10719]—(NRS A 2003, 2952)

      NRS 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.  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.

      (Added to NRS by 1997, 890; A 2013, 683, 2418)

      NRS 171.084  Limitation for kidnapping or attempted murder extended if written report filed with law enforcement officer during period of limitation.

      1.  If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of kidnapping or attempted murder, or a person authorized to act on behalf of such a victim, files with a law enforcement officer a written report concerning the offense, the period of limitation prescribed in NRS 171.085 and 171.095 is extended for 5 years.

      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.  As used in this section, “law enforcement officer” has the meaning ascribed to it in NRS 171.083.

      (Added to NRS by 2001, 3031)

      NRS 171.085  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, 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.

      [1911 Cr. Prac. § 72; RL § 6922; NCL § 10720]—(NRS A 1963, 371; 1977, 1630; 1985, 2167; 1997, 890; 2001, 3031; 2003, 20th Special Session, 273; 2005, 1426; 2009, 146; 2013, 2418)

      NRS 171.090  Limitations for gross and simple misdemeanors.  Except as otherwise provided in NRS 171.095, 202.885 and 624.800, an indictment for:

      1.  A gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.

      2.  Any other misdemeanor must be found, or an information or complaint filed, within 1 year after the commission of the offense.

      [1911 Cr. Prac. § 73; RL § 6923; NCL § 10721]—(NRS A 1981, 771; 1985, 2167; 1999, 3525; 2005, 1209)

      NRS 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:

      (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.

      [1911 Cr. Prac. § 74; RL § 6924; NCL § 10722]—(NRS A 1981, 771; 1985, 2167; 1989, 1443; 1993, 305; 1997, 891; 1999, 3525; 2001, 3031; 2005, 1209; 2011, 131; 2013, 247, 2419)

      NRS 171.100  Indictment found when it is presented and filed.  An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

      [1911 Cr. Prac. § 75; RL § 6925; NCL § 10723]