What is the difference between child abuse, neglect and endangerment in Nevada?

Child abuse is physically causing a minor under 18 years old unjustifiable physical pain or mental suffering. Child neglect is failing to tend to the minor’s care. And child endangerment is putting the minor in a hazardous situation. But these distinctions do not determine Nevada’s criminal penalties for harming a child. Instead, the punishment for committing child abuse, neglect, or endangerment (NRS 200.508) depends on five factors:

1. Whether the defendant willfully caused the alleged abuse, neglect, or endangerment, as opposed to permitting the abuse, neglect or endangerment to happen,
2. Whether the child sustained substantial bodily harm (which includes permanent or temporary disfigurement) or mental injury of a nonaccidental nature,
3. Whether the abuse was sexual abuse,
4. Whether the child is younger than fourteen (14) years of age, and
5. Whether the defendant is a repeat offender.¹

What is child abuse in Nevada?

Child abuse is inflicting unlawful physical pain, emotional injury, or sexual harm on a person under 18 years old. Five examples of child abuse include:

1. Hitting a child until bruises form from the physical abuse;
2. Constantly telling a child he/she is worthless;
3. A caregiver shaking a baby to keep it quiet (which may lead to Shaken Baby Syndrome);
4. Brainwashing a child with violent ideological beliefs; or
5. Sexual exploitation, such as photographing the child’s genitalia to make porn

Nevada law permits corporal punishment – such as a smack or a spanking – to discipline a child. But they cannot be debilitating or excessive to where it causes a physical injury or a mental injury.²

What is child neglect in Nevada?

Neglect of a child is abandoning a minor or not giving him/her sufficient food, shelter, medical care, supervision, or other necessary care. So whereas child abuse stems from the abuser’s actions, negligent treatment of a child’s welfare and well-being stems from the abuser’s inaction.

Note that parents and guardians can administer children alternative medicines or non-medical remedial treatments only if:

• The medical community recognizes them as suitable alternatives to medical treatments, and
• the parent/guardian chooses the alternative treatment in good faith.

A defendant can still be convicted of neglect even if the child sustains no long-term harm as a result of abuse. Just the act of neglecting a minor is a crime.³

What is child endangerment in Nevada?

Child endangerment is placing a child in circumstances that any reasonable person would know would jeopardize the minor’s physical or mental health. Three examples of endangerment are:

1. Transporting a minor in a stolen car;
2. Leaving a child unsupervised in a room with a loaded gun on the table; or
3. Letting a child stay overnight with a known pedophile

Even if the child emerges without injury, the defendant could still be convicted for endangering the child’s health.⁴

What are the penalties?

The punishment for harming the welfare of a child turns on the defendant’s culpability, the seriousness of the injuries, and the minor’s age.

Child abuse, neglect, or endangerment crime	Nevada penalties
The defendant acted willfully, and the minor sustained substantial bodily or mental harm.	If the matter involved sexual abuse or exploitation of a child thirteen (13) or younger, then it is a category A felony: a life sentence with the possibility of parole eligibility after fifteen (15) years, and Nevada Sex Offender status Otherwise, it is a category B felony: two to twenty (2 – 20) years in state prison
The defendant acted willfully, and the minor sustained no substantial bodily or mental harm.	If the defendant has no prior child abuse convictions, then it is a category B felony: one to six (1 – 6) years in prison Otherwise, the sentence is: two to fifteen (2 – 15) years in prison
The defendant did not act willfully, and the minor sustained substantial bodily or mental harm.	If the matter involved sexual abuse or exploitation of a child thirteen (13) or younger, it is a category A felony: a life sentence with the possibility of parole after ten (10) years, and Nevada Sex Offender status Otherwise, it is a category B felony: two to twenty (2 – 20) years in prison
The defendant did not act willfully, and the minor sustained no substantial bodily or mental harm.	If the defendant has no prior child abuse convictions, then it is a gross misdemeanor. The maximum sentence is: $2,000 fine, and/or 364 days in jail Otherwise, it is a category C felony: one to five (1 – 5) years in prison, and Up to a $10,000 fine (at the judge’s discretion)5

Our criminal defense attorneys have law offices in Las Vegas and Reno, and we serve clients throughout Clark County and statewide.

See our articles on the related offenses of battery domestic violence (NRS 200.485), sexual assault (NRS 200.366), lewdness with a child (NRS 201.230), first-degree murder and second-degree murder (NRS 200.030).

To report maltreatment of a child, call law enforcement or go to Child Protective Services (CPS) of the Nevada Department of Health & Human Services Division of Child & Family Services. The hotline is 1-833-803-1183.

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