Nevada classifies “habitual offenders” into three categories:
- habitual criminals, who have six or more felony convictions;
- habitual felons, who have three or more “serious” felony convictions (such as robbery or armed burglary); and
- habitual fraudulent felons, who have three or more fraud felony convictions against vulnerable victims.
Being a habitual offender is a separate Nevada crime carrying hefty penalties – in some cases, up to a life sentence. The purpose of these laws is to deter people from repeating offenses (“recidivism”).
In this article, our Las Vegas criminal defense attorneys will discuss the laws and penalties for the following:
- 1. Habitual Criminals
- 2. Habitual Felons
- 3. Habitual Fraudulent Felons
- Comparison Chart
- Additional Reading
1. Habitual Criminals
Defendants face habitual criminal charges if they pick up a new charge after five prior felony convictions. Any felony counts except for these minor drug offenses:
- Being under the influence of drugs (NRS 453.411); and
- Simple drug possession (NRS 453.336), other than for 28 grams or more of schedule I or II drugs, 200 grams or more of schedule III, IV, or V drugs, or any amount of GHB and Rohypnol
There are two possible penalty ranges: “Small bitch” and “big bitch.” Bitch comes from the second syllable of habitual.
“Small bitch” is for defendants with a total of six felony convictions. It is a category B felony. It carries a sentence of 5 to 20 years in prison.
“Big bitch” is for defendants with a total of 8 felony convictions. It is a category A felony. It carries:
- Life in prison with or without possible parole after 10 years; or
- 25 years in prison with possible parole after 10 years
Not all defendants with five prior felony convictions get “bitched.” The D.A. can choose not to file habitual criminal charges. And if the D.A. does file, the judge may dismiss it.1
Before July 2020, habitual criminal laws were harsher. People with only two past felony convictions faced NRS 207.010 charges.2
2. Habitual Felons?
Defendants face habitual felon charges for having three serious felony convictions. These serious felonies include:
- Murder (NRS 200.030)
- Poisoning with intent to kill (NRS 200.390)
- Perjuring oneself to have an innocent person executed (NRS 199.160)
- Fatal duel (NRS 200.410)
- Fatal challenge to a fight (NRS 200.450)
- Soliciting someone to commit a murder, kidnapping, or arson (NRS 199.500)
- Rape (NRS 200.366)
- Kidnapping (NRS 200.310), including aiding or abetting (NRS 200.340)
- Robbery (NRS 200.380)
- Burglary (NRS 205.060) with deadly weapons
- Burglary with explosives (NRS 205.075)
- Invasion of a home (NRS 205.067) with a deadly weapon
- First-degree arson (NRS 205.010)
- Battery with intent to rape or kill (NRS 200.400)
- False imprisonment (NRS 200.460) by a prisoner
- Involuntary servitude (NRS 200.463). This also includes having child victims (NRS 200.4631). Recruiting victims (NRS 200.464). And owning victims (NRS 200.465).
- Racketeering (NRS 207.400)
- Human trafficking (NRS 200.467 & NRS 200.468)
- Child abuse (NRS 200.508). This includes willful abuse. Or permitting a child under 14 to undergo sexual abuse resulting in substantial bodily harm. Or repeat offenders permitting a child under 14 to undergo child abuse.
- Making child pornography (NRS 200.710)
- Promoting child pornography (NRS 200.720)
- Lewdness with a child under 16 (NRS 201.230)
- Having sex with a corpse (NRS 201.450)
- Poisoning food, water or medicine (NRS 202.170)
- Transportation or receipt of explosives. For unlawful purposes. And if substantial bodily harm results (NRS 202.780)
- A second or subsequent offense of using or possessing explosives. And it is during the commission of a felony (NRS 202.820)
- Use of explosives to damage or destroy property. And substantial bodily harm results (NRS 202.830)
- Escaping prison (NRS 212.090). The defendant uses a weapon or hostages. Or he/she causes substantial bodily harm.
- Allowing a child to be present during drug crimes. This does not include marijuana (NRS 453.3325)
- Making available a drug or controlled substance that causes death (NRS 453.333)
- Vehicular homicide (NRS 484C.130)
- DUI causing death (NRS 484C.430)
- Hit and run (NRS 484E.010) causing injury or death
- Any attempt (NRS 193.153) of a category A felony
Violating NRS 207.012 is a category A felony. This is also referred to as “big bitch.” The judge may impose:
- Life in prison with or without possible parole after 10 years; or
- 25 years in prison with possible parole after 10 years
Judges may not dismiss habitual felon charges.3
3. Habitual Fraudulent Felons
Defendants face habitual fraudulent felon charges if:
- They have been convicted of three felony fraud crimes; and
- “Intent to defraud” was an element in each fraud crime; and
- The victim was mentally or physically incapacitated. Or the victim was at least 60 years old. (Or 65 if the fraud occurred before October 1, 2003.)
Common fraud felonies include:
- Obtaining money by false pretenses (NRS 205.380)
- Forgery (NRS 205.090)
- Unpaid casino markers (NRS 205.130)
- Insurance fraud (NRS 686A.2815)
- ID theft
Violating NRS 207.014 is a category B felony. The penalty is 5 to 20 years in prison.
Judges may not dismiss habitual-felon fraud charges.4
Comparison Chart
|
Repeat Offender Crime |
Nevada Penalties |
|
Habitual criminals (NRS 207.010) People convicted of any felony when they already have 5 prior felony convictions. |
If there are 7 prior felony convictions
|
|
If there are 5 prior felony convictions Category B felony: 5 to 20 years in Nevada State Prison |
|
|
Habitual felons (NRS 207.012) People convicted of a serious felony. And they have 2 prior serious felony convictions. |
Category A felony:
|
|
Habitual fraudulent felons (NRS 207.014) People convicted of a fraud felony. They have 2 prior fraud felony convictions. And the victim in each offense was either:
|
Category B felony: 5 to 20 years in prison |
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Criminal Repeater Statutes: Occasions, Convictions, and Absurd Results – Houston Law Review.
- Habitual Offenders: The Causes and Consequences – Indiana Journal of Law & Legal Research.
- The Problem of Habitual Offender Laws in States with Felony Disenfranchisement – The Journal of Criminal Law and Criminology.
- Three Strikes and You’re Out!: The Political Sentencing Game – The American Law System.
Also, learn about the federal “three strikes” law (18 U.S.C. 3559(c)). See our related article, What is a “Habitual Criminal” in Las Vegas, Nevada?
Legal References
- Arajakis v. State (1992) 108 Nev. 976. See also Dawson v. State (Nev. 2024) .
- Nevada Assembly Bill 236 (2019); NRS 207.010 – Habitual criminals: Definition; punishment.
1. Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this State of:
(a) Any felony, who has previously been five times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years.
(b) Any felony, who has previously been seven times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
2. Except as otherwise provided in this subsection, a previous or current conviction under paragraph (a), (b) or (c) of subsection 2 of NRS 453.336 or NRS 453.411 must not be used as the basis for a conviction pursuant to this section. If a person is convicted of violating NRS 453.336 by possessing any amount of flunitrazepam, gamma-hydroxybutyrate or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, his or her conviction may be used as the basis for a conviction pursuant to this section.
3. It is within the discretion of the prosecuting attorney whether to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his or her discretion, dismiss a count under this section which is included in any indictment or information.
- NRS 207.012 – Habitual felons: Definition; punishment.
1. A person who:
(a) Has been convicted in this State of a felony listed in subsection 2; and
(b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,
Ê is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
2. The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.153, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 200.4631, 200.464, 200.465, 200.467, 200.468, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, paragraph (b) of subsection 1 or subsection 2 of NRS 202.830, NRS 205.010, subsection 5 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484C.130, 484C.430 or 484E.010.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
- NRS 207.014 – Habitually fraudulent felons: Definition; punishment.
1. A person who:
(a) Has been convicted in this State of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and
(b) Has previously been two times convicted, whether in this State or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a),
Ê is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was an older person, a person with a mental disability or a vulnerable person.
2. The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:
(a) An older person;
(b) A person with a mental disability; or
(c) A vulnerable person.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
4. As used in this section:
(a) “Older person” means a person who is:
(1) Sixty-five years of age or older if the crime was committed before October 1, 2003.
(2) Sixty years of age or older if the crime was committed on or after October 1, 2003.
(b) “Person with a mental disability” means a person who has a mental impairment which is medically documented and substantially limits one or more of the person’s major life activities. The term includes, but is not limited to, a person who:
(1) Suffers from an intellectual disability;
(2) Suffers from a severe mental or emotional illness;
(3) Has a severe learning disability; or
(4) Is experiencing a serious emotional crisis in his or her life as a result of the fact that the person or a member of his or her immediate family has a catastrophic illness.
(c) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.
