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NRS 200.508 is the primary Nevada criminal statute for child abuse, neglect, and endangerment of a child under the age of 18. Subsection (1) addresses the offense of willfully causing suffering to a child due to abuse or permitting a child to be subjected to such suffering. Subsection (2) addresses the offense of permitting or allowing a child to be subjected to suffering or the risk of suffering, by a person responsible for the child’s safety or welfare, and the offense is treated as a first offense without substantial harm being caused as a felony, as opposed to a gross misdemeanor.
The State can allege that a person willfully caused a child to experience unjustifiable physical pain or mental suffering through abuse or neglect. It can also allege that the person willfully put the child in a situation where abuse or neglect could cause that suffering. In Newson v. State, the Nevada Supreme Court explained that these are two ways to prove an offense under subsection (1).
The endangerment theory can apply even if the child did not actually suffer physical pain or mental suffering.
The State must establish that the person was responsible for the child’s safety or welfare under NRS 432B.130. That provision can cover parents, guardians, adults regularly in the household and certain people providing care outside the home. Under NRS 200.508(5), allowing involves failing to act when the person knows or has reason to know of the abuse or neglect. Permitting means granting permission that a reasonable person would withhold, in breach of a responsibility for the child’s care, custody or control.
Compare the columns by subsection. A qualifying prior conviction includes a conviction under NRS 200.508 or a law of another jurisdiction prohibiting the same or similar conduct. A more severe penalty can apply if another law prescribes it for the underlying act or omission.
| Circumstances | NRS 200.508(1) Willfully causing |
NRS 200.508(2) Permitting or allowing |
|---|---|---|
| No substantial bodily or mental harm and no qualifying prior conviction | Category B felony 1–6 years in prison |
Gross misdemeanor |
| No substantial bodily or mental harm and a qualifying prior conviction | Category B felony 2–15 years in prison |
Category C felony 1–5 years in prison |
| Substantial bodily or mental harm from sexual abuse or exploitation of a child under 14 | Category A felony Life with parole eligibility after 15 years |
Category A felony Life with parole eligibility after 10 years |
| Other cases involving substantial bodily or mental harm | Category B felony 2–20 years in prison |
Category B felony 2–20 years in prison |
Under NRS Chapter 193, a gross misdemeanor carries up to 364 days in county jail, a fine of up to $2,000, or both. The court can also impose a fine of up to $10,000 for a category C felony under NRS 193.130.
Abuse or neglect under subsection (5) includes nonaccidental physical or mental injury, sexual abuse or exploitation, and negligent treatment or maltreatment that harms or threatens the child’s health or welfare. NRS 432B.140 addresses circumstances such as harmful treatment, inadequate supervision and a failure to provide necessary care when able to do so.
Physical injury can include disfigurement or impaired bodily function.
For substantial mental harm, the statute requires an observable and significant impairment in how the child normally functions.
Under subsections (3) and (4), certain acts alone do not establish a violation. These include a qualifying safe-haven delivery under NRS 432B.630 and, for a person responsible for the child, seeking hospital or mental health facility admission for the child when the child’s behavioral health needs pose a risk to the family’s safety and welfare. The latter provision also covers bringing another biological, foster or adoptive child with such needs into the home.
Under NRS 200.5081, a district attorney may refer a suspect for treatment or counseling if the receiving agency consents. A referral leaves the prosecutor’s authority to bring charges intact.
For what to expect in a police or child welfare investigation, see our Las Vegas child abuse and neglect defense guide.
NRS 200.508: Child Abuse, Neglect or Endangerment