In Nevada, neglecting a child under 18 becomes a crime when you abandon them or deprive them of sufficient:
- Food and water,
- Education,
- Housing,
- Medical care,
- Supervision, or
- Other necessities.
Therefore, child neglect is a crime of inaction – of what you are not doing for a child. This is in contrast to child abuse, which is actively harming a child (such as by hitting them beyond reasonable corporal punishment).
Certainly, punishing your child by sending them to bed without dinner for one night is not criminal child neglect. Though failing to feed them at all for long stretches would be.1
Are injuries required to be convicted?
No. In Nevada, merely the act of neglecting a child is the crime irrespective of whether injuries occur.
That being said, Nevada imposes more severe penalties if the child sustains substantial bodily harm or mental harm. Examples of such injuries I have seen include:
- Unconsciousness (from being hungry or not getting medical treatment),
- Organ damage (from starvation),
- Lacerations (from exposure to the elements), or
- PTSD (from abandonment).2
Whereas child abuse is criminal action, child neglect is criminal inaction.
What about medical decisions?
If you are a parent or guardian to a minor child in Nevada, state law permits you to administer them alternative medicines or non-medical treatments if the following two conditions are met:
- The medical community recognizes these treatments as suitable alternatives to standard medical intervention, and
- You choose these alternative treatments in good faith.
It is usually easy to prove that you acted in good faith. Though to show that your treatments were reasonable alternatives, I typically call upon medical expert witnesses to testify on your behalf.3
Parents and guardians are obligated to supply their children with adequate supervision and necessities.
What are the penalties?
In Nevada, child neglect that results in substantial bodily or mental harm is usually a category B felony in most cases. This carries two to 20 years in prison.
Meanwhile, if the child sustains no substantial bodily or mental harm, willful child neglect is a category B felony. The sentence is either:
- 1 to 6 years in prison if you have no prior child abuse/neglect convictions; or
- 2 to 15 years in prison if you do have a prior child abuse/neglect conviction.
Finally, if you merely permitted the child neglect to occur – and no substantial bodily or mental harm occurred – then you face either a:
- Gross misdemeanor if you have no prior child abuse convictions. This carries up to 364 days in jail and/or $2,000; or
- Category C felony if you have a prior child abuse conviction. This carries 1 to 5 years in prison and up to $10,000.
Depending on your case, it may be possible to get probation in lieu of part or all of your sentence. You will also likely be ordered to complete a course of counseling.4
Child neglect is a crime even if there is no physical or mental injury.
How do I fight the charges?
Here at Las Vegas Defense Group, I have represented literally thousands of people charged with child-related crimes such as neglect. In my experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting NRS 200.508 charges reduced or dismissed.
- The incident was an accident. For example, perhaps the only reason you were not administering a necessary medication to your infant is because you genuinely thought your nanny was doing it. As long as you did not cause or permit the neglect knowingly, criminal charges should not stand.
- You were falsely accused. Children sometimes lie out of anger, revenge, or just to get attention. Or perhaps a mandatory reporter made an inaccurate report in good faith. As long as the D.A. cannot prove beyond a reasonable doubt that you committed child neglect, your case should be dropped.
- The police committed misconduct. It is not uncommon for police to make mistakes, such as conducting an unlawful search or coercing a confession. If the judge agrees to suppress any state evidence found through the police’s misconduct, prosecutors may be forced to dismiss your case for lack of proof.
Typical evidence in child neglect cases includes video surveillance, medical records, and eyewitness accounts.
Child neglect can be a felony or a gross misdemeanor depending on the case.
Additional Resources
If you or someone you know is in immediate crisis, call 911. You can find further helpful information here:
- ChildAbuse.com – Another resource page with articles and links for the prevention of child abuse.
- Prevent Child Abuse Nevada (PCA Nevada) – Provides services and advocacy statewide for the prevention of child abuse in Nevada.
- Child Abuse Hotline in Clark County, Nevada – (702) 399-0081 or [email protected].
- National Center on Shaken Baby Syndrome – Information about SBS.
- Children’s Advocacy Centers of Nevada – An organization dedicated to helping victimized children.
Legal References
- NRS 200.508. NRS 432B.140. NRS 200.5085 – Negligent treatment or maltreatment. (“Negligent treatment or maltreatment of a child occurs if a child has been subjected to harmful behavior that is terrorizing, degrading, painful or emotionally traumatic, has been abandoned, is without proper care, control or supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.”). See also King v. State (Nev. 1989) 784 P.2d 942. See also Dixon v. State (Nev. 2025) 569 P.3d 623 (unpublished).
- Same. See also Newson v. State (Nev. 2020) 462 P.3d 246.
- NRS 200.5085. Martineau v. Angelone (9th Cir.1994) 25 F.3d 734.
- NRS 200.508.
