Everyone knows that a murder conviction carries life in Nevada State Prison as a possible punishment. However, five other, lesser-known Nevada offenses also carry potential life in prison, including:
- Attempted murder by poison
- Sexual abuse of a child under 14 causing substantial bodily or mental harm
- Involuntary servitude of minors
- Child pornography
- Battery with intent to commit sexual assault
1. Attempted Murder by Poison (NRS 200.390)
Willfully and maliciously administering any poison with the intention to cause the death of the person is a category A felony in Nevada, carrying:
- life in prison with the possibility of parole after 5 years, or
- 15 years in prison with the possibility of parole after 5 years
Note that attempted murder by means other than poison is only a category B felony in Nevada, carrying 2 to 20 years in prison.1
2. Sexual Abuse of a Child Under 14 Causing Substantial Bodily or Mental Harm (NRS 200.508)
Causing substantial bodily or mental harm to a child under 14 through sexual abuse or exploitation is a category A felony in Nevada. The maximum sentence is life in prison with the possibility of parole:
If the defendant willfully caused the child abuse, parole eligibility begins after 15 years. If the defendant merely “allowed” the child to be abused, parole eligibility begins after 10 years.2
3. Involuntary Servitude of Minors (NRS 200.4631)
Involuntary servitude of a child under 18 occurs when a person either:
- obtains labor or services from the minor by:
- causing (or threatening to cause) serious harm to the minor, or
- engaging in a pattern of conduct that results in physical injury to the minor, sexual abuse of the minor, or sexual assault of the minor under NRS 200.366; or
- benefits financially (or by receiving anything of value other than sexual gratification) from the labor or services obtained by threats or harm; or
- uses a scheme, plan or pattern intended to cause the minor to believe that the failure to perform an act would result in serious harm or physical restraint against any person.
Involuntary servitude of a minor is a category A felony carrying life in prison with the possibility of parole after 15 years as well as a minimum fine of $50,000.3
4. Making or Promoting Child Pornography (NRS 200.710 & NRS 200.720 & NRS 200.750)
It is a category A felony in Nevada to use a minor to produce pornography or to promote child pornography. A conviction carries life in prison with the possibility of parole. If the minor is less than 14, parole eligibility begins after 10 years. If the minor is 14 or older, parole eligibility begins after five years.
Additionally, a conviction of making or promoting child pornography carries a maximum fine of $100,000.4
5. Battery with Intent to Commit Sexual Assault (NRS 200.400)
The Nevada definition of battery is any willful and unlawful use of force or violence on another person. Examples include pushing, kicking, or slapping. Committing battery with intent to commit sexual assault is a category A felony carrying life in prison. Whether or not there is parole eligibility depends on the circumstances of the case:
If the battery results in substantial bodily harm or involves strangulation, the penalty may be either:
- life without the possibility of parole; or
- life with the possibility of parole after 10 years
If the battery does not result in substantial bodily harm, then the penalty depends on the age of the victim: If the victim is 16 or older, the penalty range is two years in prison to life in prison with the possibility of parole; if the victim is under 16, the penalty range is five years in prison to life in prison with the possibility of parole.
In addition, the court may impose a $10,000 fine.5
Some life sentences have the possibility of parole.
Frequently Asked Questions
What is a category A felony in Nevada?
A category A felony is the most severe classification of crimes under Nevada law (NRS 193.130). These offenses carry the state’s harshest punishments, which mandate prison time and can include life in prison with the possibility of parole, life in prison without the possibility of parole (LWOP), or—in certain first-degree murder cases—the death penalty. All of the crimes listed in this article are category A felonies.
Does a “life sentence” mean I will never get out of prison?
Not necessarily. In Nevada, many life sentences come with the possibility of parole. This means that after serving a mandatory minimum number of years (often five, 10, or 15 years, depending on the specific crime), you become eligible to go before the parole board and request release. However, if a judge sentences you to “Life Without the Possibility of Parole” (LWOP), you will spend the rest of your natural life in state custody.
Can I get probation instead of prison for a crime that carries a life sentence?
No. By law, category A felonies in Nevada are “non-probationary.” If you are convicted of one of these severe offenses, the judge is legally required to sentence you to a term in state prison. The court does not have the discretion to grant a suspended sentence or supervised probation in lieu of incarceration.
Are these the only crimes that carry a life sentence in Nevada?
No. While first-degree murder is the most well-known, and the five crimes listed above are severe examples, several other offenses can also result in a life sentence. These include first-degree kidnapping, certain high-level drug trafficking offenses, and being sentenced under Nevada’s “habitual criminal” statute (which can trigger a life sentence if a defendant has three or more prior felony convictions).
Can a category A felony charge be reduced to avoid a life sentence?
Yes, it is possible through a plea bargain. A skilled criminal defense attorney can often negotiate with the prosecutor to have a category A charge reduced to a category B or C felony. Because lower-category felonies carry fixed-term maximum sentences (such as one to 20 years) rather than “life,” a successful plea bargain permanently removes the threat of a lifetime prison commitment.
Additional Resources
For more information, refer to the following:
- Nevada Department of Corrections (NDOC): This is the state agency responsible for the incarceration and supervision of offenders in Nevada’s state prisons and for parole.
- Reentry Services: Part of NDOC that aims to help offenders reintegrate into society.
- Innocence Center of Nevada (ICON): A non-profit dedicated to exonerating the wrongfully convicted and reforming the criminal justice system in Nevada.
- Rocky Mountain Innocence Center (RMIC): A non-profit that covers Utah, Nevada, and Wyoming, providing pro bono post-conviction innocence investigation and litigation services.
- Hope for Prisoners: A non-profit that helps individuals transitioning from correctional facilities reintegrate into the workforce and society.
See our related article, What are the Nevada felony sentencing guidelines?
