NRS
200.508 Abuse, neglect or endangerment of child: Penalties; definitions.
1. A person who willfully causes a child
who is less than 18 years of age to suffer unjustifiable physical pain or
mental suffering as a result of abuse or neglect or to be placed in a situation
where the child may suffer physical pain or mental suffering as the result of
abuse or neglect:
(a) If substantial bodily or mental harm results
to the child:
(1) If the child is less than 14 years of
age and the harm is the result of sexual abuse or exploitation, is guilty of a
category A felony and shall be punished by imprisonment in the state prison for
life with the possibility of parole, with eligibility for parole beginning when
a minimum of 15 years has been served; or
(2) In all other such cases to which
subparagraph (1) does not apply, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not
result to the child:
(1) If the person has not previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 6
years; or
(2) If the person has previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 15
years,
Ê unless a
more severe penalty is prescribed by law for an act or omission that brings
about the abuse or neglect.
2. A person who is responsible for the
safety or welfare of a child pursuant to NRS
432B.130 and who permits or allows that child to suffer unjustifiable
physical pain or mental suffering as a result of abuse or neglect or to be
placed in a situation where the child may suffer physical pain or mental
suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results
to the child:
(1) If the child is less than 14 years of
age and the harm is the result of sexual abuse or exploitation, is guilty of a
category A felony and shall be punished by imprisonment in the state prison for
life with the possibility of parole, with eligibility for parole beginning when
a minimum of 10 years has been served; or
(2) In all other such cases to which
subparagraph (1) does not apply, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years; or
(b) If substantial bodily or mental harm does not
result to the child:
(1) If the person has not previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
gross misdemeanor; or
(2) If the person has previously been
convicted of a violation of this section or of a violation of the law of any
other jurisdiction that prohibits the same or similar conduct, is guilty of a
category C felony and shall be punished as provided in NRS 193.130,
Ê unless a
more severe penalty is prescribed by law for an act or omission that brings
about the abuse or neglect.
3. A person does not commit a violation of
subsection 1 or 2 by virtue of the sole fact that the person delivers or allows
the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
4. A person who is responsible for the
safety or welfare of a child pursuant to NRS
432B.130 does not commit a violation of subsection 1 or 2 by virtue of the
sole fact that:
(a) The person seeks to have the child admitted
into a public or private mental health facility or hospital if the behavioral
health needs of the child pose a risk to the safety and welfare of the family;
or
(b) The person brings into the home of the child
a biological, foster or adoptive child whose behavioral health needs pose a
risk to the safety and welfare of the family.
5. As used in this section:
(a) “Abuse or neglect” means physical or mental
injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent
treatment or maltreatment of a child under the age of 18 years, as set forth in
paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which
indicate that the child’s health or welfare is harmed or threatened with harm.
(b) “Allow” means to do nothing to prevent or
stop the abuse or neglect of a child in circumstances where the person knows or
has reason to know that the child is abused or neglected.
(c) “Permit” means permission that a reasonable
person would not grant and which amounts to a neglect of responsibility
attending the care, custody and control of a minor child.
(d) “Physical injury” means:
(1) Permanent or temporary disfigurement;
or
(2) Impairment of any bodily function or
organ of the body.
(e) “Substantial mental harm” means an injury to
the intellectual or psychological capacity or the emotional condition of a
child as evidenced by an observable and substantial impairment of the ability
of the child to function within his or her normal range of performance or
behavior.
(Added to NRS by 1971,
772; A 1975,
1141; 1977,
738, 1629;
1985,
1399; 1989,
866, 1510,
1512;
1995,
1193; 1997,
850, 1720;
1999,
470, 472;
2001,
1138, 1264;
2003,
22; 2015,
2237; 2025,
1251)
Notes of Decisions
Smith v. State, 927 P.2d 14 (Nev. 1996).
· cites it 40× “A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
Rice v. State, 949 P.2d 262 (Nev. 1997).
· cites it 24× “DISCUSSION The district court properly instructed the jury concerning the definition of "willfully" as used in NRS 200.508 In Childers v. State, 100 Nev.”
Ramirez v. State, 235 P.3d 619 (Nev. 2010).
· cites it 17× “The State failed to specify the predicate felony to support a second-degree felony-murder conviction Nevada’s felony offense of child neglect and endangerment, NRS 200.508, provides that a person can be held criminally liable for both willful and passive neglect or endangerment.”
Newson, Jr. (vernon) Vs. State, 2020 NV 22 (Nev. 2020).
· cites it 24× “We conclude sufficient evidence was presented for a rational juror to find Newson guilty under NRS 200.508(1) based on negligent treatment or maltreatment of a child as defined by NRS 432B.”
Sheriff v. Encoe, 885 P.2d 596 (Nev. 1994).
· cites it 14× “The issue is whether NRS 200.508, a statute criminalizing child endangerment, applies to a mother’s prenatal substance abuse which results in the transmission of an illegal substance to her child through the umbilical cord during the time after the child leaves the womb and the…”
Labastida v. State, 931 P.2d 1334 (Nev. 1996).
· cites it 18× “Labastida asserts that child abuse and child neglect are essentially the same conduct, have the same elements, and violate the same statute (NRS 200.508). Consequently, she claims that her acquittal of child abuse necessitates the voiding of her conviction for child neglect…”
Labastida v. State, 986 P.2d 443 (Nev. 1999).
· cites it 6× “We also note that the jury specifically found Labastida not guilty of the separate crime of child abuse causing substantial bodily harm in violation of NRS 200.508. This finding provides an additional reason to disavow the prior opinion’s conclusion that the jury could have…”
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003).
· cites it 2× “” Nev. Rev. Stat. Ann. § 200.508 (1)(a)-(b), (3)(c) (1998).”
Powell v. Nevada, 511 U.S. 79 (1994).
· cites it 2× “Not until November 7, 1989, however, did a Magistrate find probable cause to hold Powell for a preliminary hearing.”
— Nev. Rev. Stat. § 200.508(1) — 33 cases
Newson, Jr. (vernon) Vs. State, 2020 NV 22 (Nev. 2020).
“We conclude sufficient evidence was presented for a rational juror to find Newson guilty under NRS 200.508(1) based on negligent treatment or maltreatment of a child as defined by NRS 432B.”
Ramirez v. State, 235 P.3d 619 (Nev. 2010).
“The State failed to specify the predicate felony to support a second-degree felony-murder conviction Nevada’s felony offense of child neglect and endangerment, NRS 200.508, provides that a person can be held criminally liable for both willful and passive neglect or endangerment.”
Smith v. State, 927 P.2d 14 (Nev. 1996).
“A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
— Nev. Rev. Stat. § 200.508(1)(6) — 1 case
Rice v. State, 949 P.2d 262 (Nev. 1997).
“DISCUSSION The district court properly instructed the jury concerning the definition of "willfully" as used in NRS 200.508 In Childers v. State, 100 Nev.”
— Nev. Rev. Stat. § 200.508(1)(a) — 5 cases
Smith v. State, 927 P.2d 14 (Nev. 1996).
“A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
Rice v. State, 949 P.2d 262 (Nev. 1997).
“DISCUSSION The district court properly instructed the jury concerning the definition of "willfully" as used in NRS 200.508 In Childers v. State, 100 Nev.”
Labastida v. State, 931 P.2d 1334 (Nev. 1996).
“Labastida asserts that child abuse and child neglect are essentially the same conduct, have the same elements, and violate the same statute (NRS 200.508). Consequently, she claims that her acquittal of child abuse necessitates the voiding of her conviction for child neglect…”
— Nev. Rev. Stat. § 200.508(1)(a)(2) — 6 cases
— Nev. Rev. Stat. § 200.508(1)(b) — 4 cases
Rice v. State, 949 P.2d 262 (Nev. 1997).
“DISCUSSION The district court properly instructed the jury concerning the definition of "willfully" as used in NRS 200.508 In Childers v. State, 100 Nev.”
Smith v. State, 927 P.2d 14 (Nev. 1996).
“A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
Labastida v. State, 931 P.2d 1334 (Nev. 1996).
“Labastida asserts that child abuse and child neglect are essentially the same conduct, have the same elements, and violate the same statute (NRS 200.508). Consequently, she claims that her acquittal of child abuse necessitates the voiding of her conviction for child neglect…”
— Nev. Rev. Stat. § 200.508(1)(b)(1) — 4 cases
— Nev. Rev. Stat. § 200.508(2) — 12 cases
Ramirez v. State, 235 P.3d 619 (Nev. 2010).
“The State failed to specify the predicate felony to support a second-degree felony-murder conviction Nevada’s felony offense of child neglect and endangerment, NRS 200.508, provides that a person can be held criminally liable for both willful and passive neglect or endangerment.”
— Nev. Rev. Stat. § 200.508(2)(a)(1) — 1 case
— Nev. Rev. Stat. § 200.508(2)(a)(2) — 1 case
— Nev. Rev. Stat. § 200.508(2)(b)(1) — 2 cases
— Nev. Rev. Stat. § 200.508(3) — 1 case
Smith v. State, 927 P.2d 14 (Nev. 1996).
“A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
— Nev. Rev. Stat. § 200.508(3)(a) — 2 cases
Smith v. State, 927 P.2d 14 (Nev. 1996).
“A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
Labastida v. State, 931 P.2d 1334 (Nev. 1996).
“Labastida asserts that child abuse and child neglect are essentially the same conduct, have the same elements, and violate the same statute (NRS 200.508). Consequently, she claims that her acquittal of child abuse necessitates the voiding of her conviction for child neglect…”
— Nev. Rev. Stat. § 200.508(3)(b) — 1 case
Smith v. State, 927 P.2d 14 (Nev. 1996).
“A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
— Nev. Rev. Stat. § 200.508(4)(a) — 19 cases
Newson, Jr. (vernon) Vs. State, 2020 NV 22 (Nev. 2020).
“We conclude sufficient evidence was presented for a rational juror to find Newson guilty under NRS 200.508(1) based on negligent treatment or maltreatment of a child as defined by NRS 432B.”
Ramirez v. State, 235 P.3d 619 (Nev. 2010).
“The State failed to specify the predicate felony to support a second-degree felony-murder conviction Nevada’s felony offense of child neglect and endangerment, NRS 200.508, provides that a person can be held criminally liable for both willful and passive neglect or endangerment.”
— Nev. Rev. Stat. § 200.508(4)(b) — 3 cases
Ramirez v. State, 235 P.3d 619 (Nev. 2010).
“The State failed to specify the predicate felony to support a second-degree felony-murder conviction Nevada’s felony offense of child neglect and endangerment, NRS 200.508, provides that a person can be held criminally liable for both willful and passive neglect or endangerment.”
— Nev. Rev. Stat. § 200.508(4)(c) — 1 case
Ramirez v. State, 235 P.3d 619 (Nev. 2010).
“The State failed to specify the predicate felony to support a second-degree felony-murder conviction Nevada’s felony offense of child neglect and endangerment, NRS 200.508, provides that a person can be held criminally liable for both willful and passive neglect or endangerment.”
— Nev. Rev. Stat. § 200.508(4)(d) — 9 cases
— Nev. Rev. Stat. § 200.508(4)(d)(2) — 2 cases
— Nev. Rev. Stat. § 200.508(4)(e) — 2 cases
— Nev. Rev. Stat. § 200.508(e) — 1 case
— Nev. Rev. Stat. § 200.508(l)(a) — 2 cases
Smith v. State, 927 P.2d 14 (Nev. 1996).
“A person who: (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable *18 physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of…”
— Nev. Rev. Stat. § 200.508(l)(b) — 3 cases
Labastida v. State, 986 P.2d 443 (Nev. 1999).
“We also note that the jury specifically found Labastida not guilty of the separate crime of child abuse causing substantial bodily harm in violation of NRS 200.508. This finding provides an additional reason to disavow the prior opinion’s conclusion that the jury could have…”
Labastida v. State, 931 P.2d 1334 (Nev. 1996).
“Labastida asserts that child abuse and child neglect are essentially the same conduct, have the same elements, and violate the same statute (NRS 200.508). Consequently, she claims that her acquittal of child abuse necessitates the voiding of her conviction for child neglect…”
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