A statute of limitations is the window of time prosecutors have to press charges for a particular crime. In Nevada, the statute of limitations is
- 3 years for most felonies,
- 2 years for most gross misdemeanors, and
- 1 year for standard misdemeanors.
There are exceptions. Some serious offenses carry even longer statutes of limitations. The most serious crimes have no statute of limitations at all.
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding statutes of limitations (SOLs) in Nevada.
- 1. What is an SOL?
- 2. Secret Crimes
- 3. Rape and Sex Trafficking
- 4. Crimes with No SOLs
- 5. SOLs At-A-Glance
- 6. Common Crimes’ SOLs
- Frequently Asked Questions
- Additional Reading
1. What is an SOL?
A statute of limitations is how long prosecutors have to charge you with a crime. Once the time limit passes in Nevada, prosecutors may not press charges against you (with some exceptions, as discussed in the next section).
Example: There is a three-year statute of limitations in drug sale cases. If Joe sold meth in Las Vegas on January 1, 2025, then the Clark County District Attorney would have until January 1, 2028, to begin prosecuting him for it. Once three years pass from the date Joe allegedly sold meth, Joe should not face prosecution for the drug sale even if new evidence emerges that suggests he is guilty.
The purpose of these prosecutorial time limits is to encourage the state to bring charges quickly while memories are fresh and evidence is available.
If prosecutors bring charges after the applicable time limit has passed, it is your responsibility to raise this issue as a defense. If you fail to claim that the statute of limitations has passed – and if you then get convicted – you cannot later appeal on the grounds that the statute of limitations has passed.1
2. Secret Crimes
In most Nevada cases, the statute of limitations for a crime begins running the moment the crime occurs. Though if you commit a crime in a secret way, the time limit does not begin running until after the offense is discovered.2
Example: Helen and Joy are roommates with Anne. Anne leaves January 1, 2013, for a year-long trip to Europe. That same day, Helen and Joy break into her safe and steal $100. This petty theft qualifies as a misdemeanor and has a one-year statute of limitation.
Anne returns on January 2, 2024, and realizes that Helen and Joy took her money. Anne threatens to call the police, but Helen and Joy say that it is too late since a year has already passed since the theft. Though since Helen and Joy stole the money in secret, the statute of limitations should not start running until someone else (like Anne) discovered the crime. Therefore, prosecutors should have until January 2, 2025, to press theft charges
Under Nevada law, a crime is done in a secret way “when it is committed in a deliberately surreptitious manner that is intended to and does keep all but those committing the crime unaware that an offense has been committed.”3
3. Rape and Sex Trafficking
Ordinarily in Nevada, sex trafficking has a four-year statute of limitation, and sexual assault has a 20-year statute of limitations.
However, there is no time limit to bring Nevada sex trafficking charges if the victim files a police report within four four years of the alleged trafficking. As for sexual assault, there is no time limit to bring charges if the victim files a police report within 20 years of the rape or if your identity is established by DNA evidence.
In addition, the statute of limitations stops running (“tolls”) while the victim is either:
- insane,
- intellectually disabled,
- mentally incompetent, or
- in a medically comatose or vegetative state
For example, if a sex trafficking victim gets injured while escaping and becomes comatose, the four-year time limit would begin running only when the victim regains consciousness.4
Child Victims
If the victim of the sex trafficking or sexual assault is a child (under 18), then Nevada’s statute of limitations is extended to when the victim turns either:
- 36 years old if the victim discovers — or reasonably should have discovered — before turning 36 that they were a victim of the sexual abuse or trafficking; or
- 43 years old if the victim does not discover — and reasonably should not have discovered — that they were a victim of the sexual abuse or trafficking by the date on they turn 36.
As discussed above, there is no statute of limitations at all if the victim files a police report within the statute of limitations: Four years for sex trafficking, and 20 years for sexual assault.
Also see our related articles What is the statute of limitations for sexual assault in Nevada? and Statute of limitation in Nevada rape cases.
4. Crimes with No SOLs
In Nevada, murder and terrorism have no statute of limitations. In other words, you can be prosecuted at any time no matter how many years pass.
As discussed in the previous subsection, sex trafficking has no statute of limitations only if the victim files a police report within four years of the alleged trafficking. Plus sexual assault has no statute of limitations only if either:
- the victim files a police report within 20 years of the rape; or
- your identity is established by DNA evidence.5
Also see our related article Is there a statute of limitations to file murder charges in Nevada?
5. SOLs At-A-Glance
The following chart summarizes Nevada’s criminal statute of limitations for felonies, gross misdemeanors, misdemeanors, sex crimes, and crimes committed in secret.
|
Nevada Crime Type |
Statute of Limitations |
| Felonies (scroll to the bottom of this table for sex felonies) | 3 years after commission of the crime
Exceptions: No statute of limitations for:
8 years after the commission of the crime if a police report was filed within 3 years: 4 years after the commission of:
For any felony involving unlawful acts regarding personal identifying information when the victim is less than 18 years old (in violation of NRS 205.461 – 205.4657), the statute of limitations is 4 years after the victim discovers — or reasonably should have discovered — the offense.6 |
| Gross misdemeanors | 2 years after the commission of the crime |
| Misdemeanors | 1 year after the commission of the crime
Exceptions: 2 years after the commission of any contractor-related misdemeanor in violation of NRS 624.005 to NRS 624.750 For failing to report a violent or sexual offense against a child aged 12 or younger in violation of NRS 202.882, the statute of limitations is 1 year after either:
|
| Sexual assault (NRS 200.366) of an adult | 20 years after the commission of the rape. But there is no statute of limitations at all if either:
Note that the statute of limitations does not run while the victim is either insane, intellectually disabled, mentally incompetent or in a medically comatose or vegetative state. |
| Sex trafficking (NRS 201.300) of an adult | 4 years after the commission of the trafficking. But if the victim files a police report within 4 years of the trafficking, then there is no statute of limitations.
Note that the statute of limitations does not run while the victim is either insane, intellectually disabled, mentally incompetent or in a medically comatose or vegetative state. |
Sexual abuse of a child in violation of NRS 432B.100, which includes:
|
Before the victim is:
(In sexual assault cases, there is no statute of limitations at all if the victim files a police report within 20 years of the rape.) |
| Sex trafficking a child in violation of NRS 201.300 | If no police report is filed within 4 years, before the victim is:
|
| Crimes committed in secret | When an offense is done in secret, the applicable statute of limitations does not begin running until after the offense is discovered.8 |
6. Common Crimes’s SOLs
The chart below shows the statute of limitations for 25 common Nevada crimes.
|
Nevada Crime |
Statute of Limitations |
| Arson (NRS 205.010) |
|
| Assault with a deadly weapon (NRS 200.471(2)(b)) |
|
| Battery (NRS 200.481) |
|
| Battery domestic violence (NRS 200.485) |
|
| Breach of peace (NRS 203.010) |
|
| Burglary (NRS 205.060) |
|
| Unpaid casino markers (NRS 205.130) |
|
| Child abuse (NRS 200.508) |
|
| Child pornography crimes (NRS 200.710 – 200.730) |
|
| Drug possession (NRS 453.336) |
|
| Drug trafficking (NRS 453.3385) |
|
| DUI crimes |
|
| Grand larceny (NRS 205.220) |
|
| Hit and run (NRS 484E.010) |
|
| Indecent exposure (NRS 201.220) |
|
| Kidnapping (NRS 200.310) |
|
| Lewdness with a child under 16 (NRS 201.230) | Before the victim is:
|
| Murder (NRS 200.030) | No statute of limitations |
| Open or Gross Lewdness (NRS 201.210) |
|
| Petit larceny (NRS 205.240) |
|
| Reckless driving (NRS 484B.653) |
|
| Robbery (NRS 200.380) |
|
| Sexual assault (NRS 200.366) | No statute of limitations if a police report is filed within 20 years of the rape, or if DNA evidence identifies the suspect; otherwise, 20 years
If the victim is a child and no police report is filed within 20 years, the statute of limitations is when the victim turns either:
|
| Solicitation of prostitution (NRS 201.354) |
|
| Trespass (NRS 207.200) |
|
Frequently Asked Questions
How long do prosecutors have to charge me with a felony in Nevada?
Most felonies in Nevada have a 3-year statute of limitations from when the crime was committed. However, some serious felonies like theft, robbery, and burglary have a 4-year limit, while murder and terrorism have no time limit at all.
What happens if I discover a crime years after it was committed?
For crimes committed in secret, the statute of limitations does not start running until the crime is discovered. This applies to crimes committed in a deliberately surreptitious manner intended to keep others unaware of the offense.
Are there special time limits for sex crimes against children?
Yes. For sexual abuse of a child, charges can be filed until the victim turns 36 if they discovered the abuse before then, or until age 43 if they did not discover it before age 36. If the victim files a police report within 20 years for sexual assault, there is no time limit.
Can I still be charged if the statute of limitations has expired?
No, you cannot be prosecuted once the statute of limitations has passed. However, you must raise this as a defense during your case – if you do not raise it and are convicted, you cannot appeal later based on an expired statute of limitations.
What if I was out of state when the crime was reported?
Under NRS 171.095, the statute of limitations “tolls” (pauses) during any period the defendant is not a resident of Nevada or is not usually in the state. This means if you commit a crime and immediately move to California, the clock may not start ticking until you return to Nevada.
Does the clock start over if I have an old warrant?
No, the statute of limitations only applies to the time the state has to file the case or issue the warrant. Once a warrant has been issued or an indictment filed, the statute of limitations is “satisfied.” An old warrant does not expire simply because a few years have passed; it remains active until you appear in court.
Can a crime committed in secret be prosecuted 10 years later?
Yes. If a felony is committed in a “secret manner” (deliberately surreptitious to keep others unaware), the limitation period does not begin until the crime is discovered. This is common in embezzlement or identity theft cases where the victim does not realize the crime occurred for several years.
What is the deadline for gross misdemeanors vs. simple misdemeanors?
In Nevada, the state has two years to file charges for a gross misdemeanor (like a second-offense DUI or certain batteries). For simple misdemeanors (like petty theft or breach of peace), the state must file charges within one year.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Statutes of Limitations: The Underlying Policies – University of Louisville Law Review.
- Easing the Tension before Statutes of Limitations and the Continuing Offense Doctrine – Northwestern University Journal of Law & Social Policy.
- Child Sexual Abuse and Criminal Statutes of Limitation: A Model for Reform – Washington Law Review.
- Efficient Time Bars: A New Rationale for the Existence of Statutes of Limitations in Criminal Law – The Journal of Legal Studies.
- Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial – William & Mary Law Review.
Legal References
- Hubbard v. State (1996) 112 Nev. 946 (“The failure to raise the statute of limitation in the trial court waives the defense…non-jurisdictional affirmative defense”). See also State v. Desavio (May 22, 2025) 141 Nev. Adv. Op. 25 (discusses the effect of prolonged prosecution delays).
- 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 171.082, 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.
- Walstrom v. State (1988) 104 Nev. 51.
- 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. 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.
NRS 171.082 – No limitation for sexual assault if identity of accused person is established by conducting genetic marker analysis of biological specimen and obtaining DNA profile..
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.
- Id.; NRS 171.080 – No statute of limitation for murder, sexual assault arising out of same facts and circumstances as murder or terrorism. There is no limitation of the time within which a prosecution for.
1. Murder, or a sexual assault arising out of the same facts and circumstances as a 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.
- NRS 171.085 – Limitations of felonies.
Except as otherwise provided in NRS 171.080 to 171.084, inclusive, and 171.095, an indictment for:
1. Theft, robbery, burglary, forgery, arson, a violation of NRS 90.570, a violation punishable pursuant to paragraphs (a) to (d), inclusive, 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. Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense.
3. Sex trafficking must be found, or an information or complaint filed, within 6 years after the commission of the offense.
4. Any felony other than the felonies listed in subsections 1, 2 and 3 must be found, or an information or complaint filed, within 3 years after the commission of the offense.
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.
- 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.
- NRS 171.083. 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 171.082, 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.
