Nevada’s habitual criminal law imposes harsh additional sentencing (up to life in prison) on anyone who picks up six or more felony convictions. The law aims to deter habitual offenders and address recidivism by increasing sentences for those who continue to engage in criminal behavior.
The state classifies habitual offenders into three categories:
- habitual criminals,
- habitual felons, and
- habitual fraudulent felons.
Repeat offender crime |
Nevada penalties |
Habitual criminals (NRS 207.010) People convicted of any felony when they already have 5 prior felony convictions. |
If there are 7 prior felony convictions
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If there are 5 prior felony convictions
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Habitual felons (NRS 207.012) People convicted of a serious felony. And they have 2 prior serious felony convictions. |
Category A felony:
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Habitual fraudulent felons (NRS 207.014) People convicted of a fraud felony. They have 2 prior fraud felony convictions. And the victim in each offense was either:
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Category B felony:
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In this article, our Las Vegas criminal defense attorneys will discuss:
1. Habitual Criminals
Defendants face habitual criminal charges if they pick up a new charge after five prior felony convictions. Any felony counts except for these minor drug offenses:
- Being under the influence of drugs (NRS 453.411); and
- Simple drug possession (NRS 453.336), other than for 28 grams or more of schedule I or II drugs, 200 grams or more of schedule III, IV, or V drugs, or any amount of GHB and Rohypnol
There are two possible penalty ranges: “Small bitch” and “big bitch.” Bitch comes from the last syllable of habitual.
“Small bitch” is for defendants with six total felony convictions. It is a category B felony. It carries 5 to 20 years in prison.
“Big bitch” is for defendants with eight total felony convictions. It is a category A felony. It carries:
- Life in prison with or without possible parole after 10 years; or
- 25 years in prison with possible parole after 10 years
Not all defendants with five prior felony convictions get “bitched.” The D.A. can choose not to file habitual criminal charges. And if the D.A. does file, the judge may dismiss it.1
Prior to July 2020, habitual criminal laws were harsher. People with only two past felony convictions faced NRS 207.010 charges.2
2. Habitual Felons?
Defendants face habitual felon charges for having three serious felony convictions. These serious felonies include:
- Murder (NRS 200.030)
- Poisoning with intent to kill (NRS 200.390)
- Perjuring oneself to have an innocent person executed (NRS 199.160)
- Fatal duel (NRS 200.410)
- Fatal challenge to a fight (NRS 200.450)
- Soliciting someone to commit a murder, kidnapping, or arson (NRS 199.500)
- Rape (NRS 200.366)
- Kidnapping (NRS 200.310), including aiding or abetting (NRS 200.340)
- Robbery (NRS 200.380)
- Burglary (NRS 205.060) with deadly weapons
- Burglary with explosives (NRS 205.075)
- Invasion of a home (NRS 205.067) with a deadly weapon
- First-degree arson (NRS 205.010)
- Battery with intent to rape or kill (NRS 200.400)
- False imprisonment (NRS 200.460) by a prisoner
- Involuntary servitude (NRS 200.463). This also includes having child victims (NRS 200.4631). Recruiting victims (NRS 200.464). And owning victims (NRS 200.465).
- Racketeering (NRS 207.400)
- Human trafficking (NRS 200.467 & NRS 200.468)
- Child abuse (NRS 200.508). This includes willful abuse. Or permitting a child under 14 to undergo sexual abuse resulting in substantial bodily harm. Or repeat offenders permitting a child under 14 to undergo child abuse.
- Making child pornography (NRS 200.710)
- Promoting child pornography (NRS 200.720)
- Lewdness with a child under 16 (NRS 201.230)
- Having sex with a corpse (NRS 201.450)
- Poisoning food, water or medicine (NRS 202.170)
- Transportation or receipt of explosives. For unlawful purposes. And if substantial bodily harm results (NRS 202.780)
- A second or subsequent offense of using or possessing explosives. And it is during the commission of a felony (NRS 202.820)
- Use of explosives to damage or destroy property. And substantial bodily harm results (NRS 202.830)
- Escaping prison (NRS 212.090). The defendant uses a weapon or hostages. Or he/she causes substantial bodily harm.
- Allowing a child to be present during drug crimes. This does not include marijuana (NRS 453.3325)
- Making available a drug or controlled substance that causes death (NRS 453.333)
- Vehicular homicide (NRS 484C.130)
- DUI causing death (NRS 484C.430)
- Hit and run (NRS 484E.010) causing injury or death
- Any attempt (NRS 193.330) of a category A felony
Violating NRS 207.012 is a category A felony. This is also referred to as “big bitch.” The judge may impose:
- Life in prison with or without possible parole after 10 years; or
- 25 years in prison with possible parole after 10 years
Judges may not dismiss habitual felon charges.3
3. Habitual Fraudulent Felons
Defendants face habitual fraudulent felon charges if:
- They have been convicted of three felony fraud crimes; and
- “Intent to defraud” was an element in each fraud crime; and
- The victim was mentally or physically incapacitated. Or the victim was at least 60 years old. (Or 65 if the fraud occurred before October 1, 2003.)
Common fraud felonies include:
- Obtaining money by false pretenses (NRS 205.380)
- Forgery (NRS 205.090)
- Unpaid casino markers (NRS 205.130)
- Insurance fraud (NRS 686A.2815)
- ID theft
Violating NRS 207.014 is a category B felony. The penalty is 5 to 20 years in prison.
Judges may not dismiss habitual fraudulent felon charges.4
Additional Reading…
In California? Learn about Penal Code 667 PC.
In Colorado? Learn about CRS 18-1.3-801.
Also, learn about the federal “three strikes” law (18 U.S.C. 3559(c)). See our related article, What is a “Habitual Criminal” in Las Vegas, Nevada?
Legal References
- Arajakis v. State, 108 Nev. 976, 843 P.2d 800 (1992).
- Nevada Assembly Bill 236 (2019); NRS 207.010. Section 207.010 reads that: NRS 207.010 Habitual criminals: Definition; punishment. 1. Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this State of: (a) Any felony, who has previously been two times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years. (b) Any felony, who has previously been three times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison: (1) For life without the possibility of parole; (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served. 2. It is within the discretion of the prosecuting attorney whether to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his or her discretion, dismiss a count under this section which is included in any indictment or information.
- NRS 207.012.
- NRS 207.014.