“Habitual Criminal” Laws in Nevada – How It Works

Nevada’s habitual offender laws increase prison sentences for people convicted of a new felony after certain prior felony convictions. Being an habitual offender is not a separate crime: It is a more serious felony count that overrides the current felony charge they are facing.

Categories and Penalties

• Habitual criminals (NRS 207.010): A new felony after five or six qualifying prior felonies can lead to category B punishment of 5 to 20 years in prison. A new felony after seven or more can lead to category A punishment: life without parole, life with parole eligibility after 10 years, or 25 years with parole eligibility after 10 years.
• Habitual felons (NRS 207.012): A new felony on the statute’s list, such as robbery, sexual assault or murder, plus two qualifying prior convictions can lead to the above category A sentences.
• Habitually fraudulent felons (NRS 207.014): A new felony involving fraud or intent to defraud, plus two qualifying prior fraud felonies, can lead to category B punishment of 5 to 20 years. The victims must meet the definition of an older person, a person with a mental disability, or a vulnerable person.¹

Important Limits

• Being an habitual offender is an enhanced punishment. It is not a separate felony crime.
• NRS 207.010 allows discretion. Prosecutors can choose whether to seek habitual criminal enhancement, and judges can dismiss it.
• NRS 207.012 and NRS 207.014 allow no discretion. Prosecutors must seek habitual felon and fraudulent felon enhancements when their conditions are met, and judges cannot stop it.²

If you are facing a habitual offender allegation, the number of felonies on your record is only the starting point. The exact offenses, conviction dates, and statute the prosecutor is using may ultimately relieve you from habitual offender liability.

In this article, our Las Vegas criminal defense attorneys explain what you need to know about Nevada’s habitual offender laws.

• 1. Habitual Criminals
• 2. Habitual Felons
• 3. Habitually Fraudulent Felons
• 4. Comparison Chart
• 5. Fighting the Enhancement
• Frequently Asked Questions
• Additional Reading

1. Habitual Criminals

NRS 207.010 allows a longer sentence for a new Nevada felony when you have enough qualifying prior felony convictions. Out-of-state convictions can count if the crime would be a felony under Nevada law or the law where it occurred. An arrest or accusation alone is not a conviction.

Small Habitual Criminal Punishment

With five qualifying prior felony convictions, you can face category B punishment of five to 20 years in prison. Six qualifying priors also meet this threshold. You may hear this called “small habitual” or the slang term “small bitch.”

Large Habitual Criminal Punishment

With seven or more qualifying prior felony convictions, you can face category A punishment. The sentencing options are:

• Life without the possibility of parole; or
• Life with parole eligibility after 10 years; or
• 25 years with parole eligibility after 10 years.

This is often called “large habitual” or “big bitch.” Parole eligibility means you may be considered for release. It does not promise release after 10 years.

Drug Convictions that are Excluded

The following drug crimes are excluded as both prior convictions and the current offense under Nevada’s habitual criminal law:

• NRS 453.411, covering unlawful use or being under the influence of a controlled substance; and
• The lower-level drug possession provisions in NRS 453.336(2)(a), (b) and (c).

Not every possession conviction is excluded. Higher-quantity possession can count. The law also specifically allows convictions for possessing any amount of GHB, flunitrazepam (Rohypnol), or their immediate precursors. An immediate precursor is a substance used directly to make the drug.³

Prosecutor and Judge Discretion

Meeting the conviction threshold does not automatically mean you will receive a habitual criminal sentence. Under NRS 207.010, the prosecutor decides whether to pursue the enhancement.

If it is filed, the judge has discretion to dismiss that count. Dismissing the enhancement does not dismiss the underlying felony.⁴

Older Offenses and the 2020 Change

Before July 1, 2020, the general thresholds were two prior felonies for small habitual treatment and three for large habitual treatment. The law increased those thresholds to five and seven.

However, the date of the new offense determines which version applies. Being sentenced today does not necessarily entitle you to today’s higher thresholds.

In Dawson v. State (2024), the Nevada Supreme Court confirmed that the increased thresholds do not apply retroactively. It also ruled that the prosecution must prove enough qualifying convictions existed before the defendant committed the new crime.⁵

2. Habitual Felons

NRS 207.012 applies when you are convicted of a Nevada felony specifically listed in the statute and had two qualifying prior convictions before committing the new offense. The prior convictions can be from Nevada or another jurisdiction, but they must qualify under the statute.

This law is sometimes described as a serious or violent offender law.

Examples of Qualifying Crimes

• Murder, sexual assault, robbery, and kidnapping;
• Burglary and home invasion involving a firearm or other deadly weapon under the specified subsections;
• Burglary with explosives and first-degree arson;
• Battery with intent to kill or commit sexual assault;
• Specified child abuse, neglect or endangerment felonies, including willfully causing abuse or neglect, allowing abuse or neglect resulting in substantial bodily or mental harm, and certain repeat offenses of allowing abuse or neglect;
• Production or promotion of child pornography and lewdness with a child;
• Specified involuntary servitude and human trafficking crimes, and racketeering;
• Vehicular homicide, DUI causing death or substantial bodily harm, and hit and run involving injury or death; and
• Attempts to commit category A felonies under NRS 193.153(1)(a)(1).

These are examples, not the entire, lengthy list under NRS 207.012(2). For child abuse, the listed provisions are NRS 200.508(1), (2)(a) and (2)(b)(2); they are not limited to victims under 14.

Penalties and Mandatory Filing

Habitual felon treatment carries category A felony punishment:

• Life without the possibility of parole; or
• Life with parole eligibility after 10 years; or
• 25 years with parole eligibility after 10 years.

Prosecutors must file the habitual felon allegation if the defendant has the criminal history to support it. The judge cannot dismiss it simply as an act of leniency. The defense can still dispute whether the defendant qualifies for the enhancement.⁶

3. Habitually Fraudulent Felons

NRS 207.014 applies when all of the following are true:

1. You are convicted in Nevada of a felony committed on or after July 1, 1995, with fraud or intent to defraud as an element;
2. Before committing that offense, you had two prior felony convictions with fraud or intent to defraud as an element; and
3. The victim of each offense was an older person, a person with a mental disability or a vulnerable person as defined by law.

Protected Victims

• Older person: Someone age 60 or older when the crime occurred. For crimes before October 1, 2003, the age threshold is 65.
• Person with a mental disability: Someone with a medically documented mental impairment that substantially limits at least one major life activity.
• Vulnerable person: An adult with qualifying physical or mental incapacitation, or physical or mental limitations that restrict normal daily activities. Simply having a diagnosis does not automatically establish that someone meets this definition.

Depending on the elements and victim, qualifying offenses may include felony false pretenses, forgery, or certain identity theft crimes. A fraud conviction alone is not enough: The prosecution must also establish the protected-victim requirement for each offense.

Penalties and Mandatory Filing

The enhanced punishment is a category B felony, carrying five to 20 years in prison.

The prosecutor must seek the habitual fraudulent felon enhancement when the statutory conditions are met, and the judge cannot dismiss it as a matter of discretion.⁷

4. Comparison Chart

These are the current statutory frameworks. Older offenses may fall under earlier law.

Note that habitual offender treatment can only increase punishment; it cannot reduce a harsher sentence otherwise required for the underlying crime.⁸

5. Fighting the Enhancement

It may be possible to fight Nevada habitual offender enhancements. Key questions we ask are:

• Can the prosecution prove the new felony? The enhancement depends on a conviction for a qualifying current offense.
• Do the prior convictions qualify? The exact offense, statutory subsection, and applicable exclusions need to be double-checked.
• Were the convictions entered in time? A conviction entered after the new crime was committed does not become a qualifying prior just because it exists by sentencing.
• Has the prosecution proved the required record? A list of arrests is not enough.
• Is discretionary dismissal available? This is an option under NRS 207.010, but not under the mandatory provisions of NRS 207.012 or NRS 207.014.

In Dawson v. State, the Nevada Supreme Court vacated a habitual criminal sentence because the prosecution did not prove enough convictions predated the new offense. That is why reviewing the dates on the actual court records is vital.⁹

If the prosecutor files a habitual offender notice, ask your attorney to explain which law is being used and which convictions supposedly satisfy it. That gives you a clearer picture of the sentencing risk and the issues your defense needs to address.

Frequently Asked Questions

Is being a habitual criminal a separate crime in Nevada?

No. Habitual criminal status increases punishment for the new felony. It can also increase the felony category of that conviction, but it does not create a separate crime of being a habitual criminal.

For example, a category C felony can receive category B treatment under the small habitual criminal law. The longer sentence applies to the underlying conviction; it is not an automatic second sentence added on top.

How many prior felonies trigger Nevada habitual criminal sentencing?

Under current NRS 207.010, five qualifying prior felony convictions meet the small habitual threshold, and seven meet the large habitual threshold. The new conviction is separate from that count of prior convictions. (Special rules under NRS 207.012 and NRS 207.014 apply after two qualifying prior convictions.)

Do not count your record by simply adding up every charge you have ever faced. The offenses, conviction dates, and applicable exclusions need to be reviewed by your attorney. An older new offense may also be governed by earlier thresholds.

Does Nevada have a three-strikes law?

Nevada has repeat-offender laws, but there is no single rule that any third felony automatically means life in prison. NRS 207.012 can impose severe punishment for a new listed felony after two qualifying prior convictions. The general habitual criminal law currently starts at five qualifying prior felonies.

If someone tells you that you face a third strike, ask which statute they mean. That answer helps determine which convictions count and what sentence is possible.

Can a judge dismiss a habitual offender allegation?

A judge has discretion to dismiss a habitual criminal count under NRS 207.010. NRS 207.012 and NRS 207.014 do not give judges that same discretion. However, the prosecution must still establish the legal requirements for the enhancement.

Do drug possession convictions count toward habitual criminal status?

Certain lower-level possession convictions under NRS 453.336(2)(a), (b) and (c), and convictions under NRS 453.411, are excluded from NRS 207.010. The exclusion covers both prior convictions and the current offense. Higher-quantity possession and convictions involving GHB, flunitrazepam or their immediate precursors can still count.

The phrase drug possession on a record is not enough to decide this issue. Your attorney needs to check the exact statute and subsection involved.

Does parole eligibility after 10 years guarantee release?

No. Parole eligibility means you may be considered for release; it does not mean release is automatic. The large habitual criminal and habitual felon laws also allow life without parole, which provides no parole eligibility.

Before accepting a plea agreement, make sure you understand the exact sentence being proposed. Life without parole, life with parole eligibility, and a fixed 25-year term have very different consequences.

Additional Reading

For the governing law and further background, see:

• Nevada Revised Statutes Chapter 207 — The state’s habitual offender statutes.
• Criminal Repeater Statutes: Occasions, Convictions, and Absurd Results — Houston Law Review.
• 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.

See also our article on the federal three-strikes law, which is separate from Nevada’s laws.

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Legal References