Nevada Revised Statutes

Nev. Rev. Stat. § 207.010 (2026)

Habitual criminals: Definition; punishment; exception

✓ current as of July 2026

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NRS 207.010 Habitual criminals: Definition; punishment; exception.

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 five 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 seven 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. Except as otherwise provided in this subsection, a previous or current conviction under paragraph (a), (b) or (c) of subsection 2 of NRS 453.336 or NRS 453.411 must not be used as the basis for a conviction pursuant to this section. If a person is convicted of violating NRS 453.336 by possessing any amount of flunitrazepam, gamma-hydroxybutyrate or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, his or her conviction may be used as the basis for a conviction pursuant to this section.

3. 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.

[1911 C&P § 27; RL § 6292; NCL § 9976]—(NRS A 1961, 446; 1965, 250; 1967, 217, 516; 1971, 173; 1977, 360; 1981, 1647; 1985, 1026, 1643; 1995, 856, 1238, 1358, 2392; 1997, 1184; 2009, 567; 2019, 4441)

Notes of Decisions

Cited in 226 cases (26 in the last 5 years), 1963–2025 · leading case: Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005).

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Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005). · cites it 21× “3792, and in the same criminal proceeding adjudicate him a habitual criminal, pursuant to NRS 207.010. Lader argues that such dual use or “stacking” of prior felony DUI convictions to achieve habitual criminal adjudication is prohibited because NRS 484.”

O'NEILL v. State, 153 P.3d 38 (Nev. 2007). · cites it 18× “J: This appeal presents the issue of whether the Nevada habitual offender statute, NRS 207.010, as interpreted by this court, violates the United States Supreme Court’s decision in Apprendi v.”

Grey v. State, 178 P.3d 154 (Nev. 2008). · cites it 8× “We also consider whether the State’s failure to formally file an allegation of habitual criminality precludes the district court from imposing an enhanced sentence under NRS 207.010. Although we promulgate a new rule of criminal procedure requiring parties in criminal cases to…”

Tanksley v. State, 946 P.2d 148 (Nev. 1997). · cites it 12× “The judge adjudicated him a habitual criminal pursuant to NRS 207.010 and sentenced him to life in prison with the possibility of parole.”

Staley v. State, 787 P.2d 396 (Nev. 1990). · cites it 20× “" See NRS 207.010(1) (person adjudged a habitual criminal with two prior felony convictions may be sentenced to "not less than 10 years nor more than 20 years").”

Rummel v. Estelle, 445 U.S. 263 (1980). · cites it 3× “1976); Nev. Rev. Stat. § 207.010 (1977); S. D. Comp.”

Ewing v. California, 538 U.S. 11 (2003). · cites it 2× “" Nev. Rev. Stat. §§ 207.010 (1)(b)(1)-(3) (1995).”

Davidson v. State, 192 P.3d 1185 (Nev. 2008). · cites it 9× “As a result, the district court erred in imposing a habitual criminal sentence for that count because NRS 207.010 authorizes a habitual criminal sentencing enhancement for convictions of crimes involving fraud or intent to defraud, of petit larceny, or of a felony.”

Nelson v. State, 170 P.3d 517 (Nev. 2007). · cites it 6× “012 and for counts 1 and 3 under NRS 207.010. The amended information stated that Nelson had been previously convicted twice for robbery, and the State presented evidence of the two prior convictions.”

Arajakis v. State, 843 P.2d 800 (Nev. 1992). · cites it 8× “the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant.”

McGervey v. State, 958 P.2d 1203 (Nev. 1998). · cites it 23× “In the amended information by which McGervey was charged with each of the offenses underlying his present convictions, the State charged McGervey with being a habitual criminal “as defined by NRS 207.010.” Following the jury’s verdict, the district court imposed four concurrent…”

Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018). · cites it 32× “4465 applied to the offender's parole eligibility and minimum term for a sentence imposed pursuant to NRS 207.010. We conclude that both the sentence and category of conviction are enhanced when an offender is adjudicated a habitual criminal pursuant to NRS 207.”

Show all 226 citing cases →

— Nev. Rev. Stat. § 207.010(1) — 14 cases

Staley v. State, 787 P.2d 396 (Nev. 1990). “" See NRS 207.010(1) (person adjudged a habitual criminal with two prior felony convictions may be sentenced to "not less than 10 years nor more than 20 years").”

Arajakis v. State, 843 P.2d 800 (Nev. 1992). “the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant.”

McGervey v. State, 958 P.2d 1203 (Nev. 1998). “In the amended information by which McGervey was charged with each of the offenses underlying his present convictions, the State charged McGervey with being a habitual criminal “as defined by NRS 207.010.” Following the jury’s verdict, the district court imposed four concurrent…”

Nelson v. State, 170 P.3d 517 (Nev. 2007). “012 and for counts 1 and 3 under NRS 207.010. The amended information stated that Nelson had been previously convicted twice for robbery, and the State presented evidence of the two prior convictions.”

O'NEILL v. State, 153 P.3d 38 (Nev. 2007). “J: This appeal presents the issue of whether the Nevada habitual offender statute, NRS 207.010, as interpreted by this court, violates the United States Supreme Court’s decision in Apprendi v.”

— Nev. Rev. Stat. § 207.010(1)(a) — 37 cases

Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018). “4465 applied to the offender's parole eligibility and minimum term for a sentence imposed pursuant to NRS 207.010. We conclude that both the sentence and category of conviction are enhanced when an offender is adjudicated a habitual criminal pursuant to NRS 207.”

Vaughn (kenneth) v. State, 563 P.3d 295 (Nev. 2025).

Doolin (glenn) Vs. State, Dept. of Corr., 2018 NV 98 (Nev. 2018).

Doolin v. State, Dep't of Corr. (Nev. 2018).

— Nev. Rev. Stat. § 207.010(1)(b) — 44 cases

Young v. State, 534 P.3d 158 (Nev. 2023).

Doolin (glenn) Vs. State, Dept. of Corr., 2018 NV 98 (Nev. 2018).

— Nev. Rev. Stat. § 207.010(1)(b)(1) — 3 cases

Hill (Rickie) v. State (Nev. 2016).

Thomas (Deshawn) v. State (Nev. 2017).

Lewis (Torrence) v. State (Nev. 2018).

— Nev. Rev. Stat. § 207.010(1)(b)(2) — 5 cases

Martinez (Daniel) v. Warden (Nev. 2019).

Scott (Steven) Vs. State (Nev. 2019).

Thomas v. Williams (D. Nev. 2021).

Harsh (Thomas) v. State (Nev. 2013).

Mitchell (Rotzilyn) v. State (Nev. 2013).

— Nev. Rev. Stat. § 207.010(1)(b)(3) — 3 cases

Hodges v. Baker (D. Nev. 2021).

Hodges (Steven) v. State (Nev. 2013).

Hatfield (Gregory) v. State (Nev. 2014).

— Nev. Rev. Stat. § 207.010(2) — 34 cases

Tanksley v. State, 946 P.2d 148 (Nev. 1997). “The judge adjudicated him a habitual criminal pursuant to NRS 207.010 and sentenced him to life in prison with the possibility of parole.”

Burkey v. Deeds, 824 F. Supp. 190 (D. Nev. 1993).

— Nev. Rev. Stat. § 207.010(4) — 12 cases

Tanksley v. State, 946 P.2d 148 (Nev. 1997). “The judge adjudicated him a habitual criminal pursuant to NRS 207.010 and sentenced him to life in prison with the possibility of parole.”

Clark v. State, 851 P.2d 426 (Nev. 1993).

French v. State, 645 P.2d 440 (Nev. 1982).

Hughes v. State, 996 P.2d 890 (Nev. 2000).

— Nev. Rev. Stat. § 207.010(5) — 7 cases

Geiger v. State, 920 P.2d 993 (Nev. 1996).

Scott v. State, 877 P.2d 503 (Nev. 1994).

Jones v. State, 564 P.2d 605 (Nev. 1977).

Fritz v. State, 474 P.2d 377 (Nev. 1970).

Hollander v. Warden, Nevada State Prison, 468 P.2d 990 (Nev. 1970).

— Nev. Rev. Stat. § 207.010(6) — 6 cases

Hollander v. State, 418 P.2d 802 (Nev. 1966).

Craig v. Warden, Nevada State Prison, 482 P.2d 325 (Nev. 1971).

Plunkett v. State, 437 P.2d 92 (Nev. 1968).

Atteberry v. State, 438 P.2d 789 (Nev. 1968).

— Nev. Rev. Stat. § 207.010(8) — 5 cases

Dressler v. State, 819 P.2d 1288 (Nev. 1991).

Jackie Ray Shaw v. Jerry Johnson, 786 F.2d 993 (10th Cir. 1986).

Anglin v. State, 464 P.2d 504 (Nev. 1970).

Williams v. Wolff, 497 F. Supp. 122 (D. Nev. 1980).

McAnulty v. State, 826 P.2d 567 (Nev. 1992).

— Nev. Rev. Stat. § 207.010(b) — 1 case

Dale (D. Nev. 2025).

— Nev. Rev. Stat. § 207.010(l)(a) — 5 cases

Davidson v. State, 192 P.3d 1185 (Nev. 2008). “As a result, the district court erred in imposing a habitual criminal sentence for that count because NRS 207.010 authorizes a habitual criminal sentencing enhancement for convictions of crimes involving fraud or intent to defraud, of petit larceny, or of a felony.”

Grey v. State, 178 P.3d 154 (Nev. 2008). “We also consider whether the State’s failure to formally file an allegation of habitual criminality precludes the district court from imposing an enhanced sentence under NRS 207.010. Although we promulgate a new rule of criminal procedure requiring parties in criminal cases to…”

Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005). “3792, and in the same criminal proceeding adjudicate him a habitual criminal, pursuant to NRS 207.010. Lader argues that such dual use or “stacking” of prior felony DUI convictions to achieve habitual criminal adjudication is prohibited because NRS 484.”

Moore v. State, 126 P.3d 508 (Nev. 2006).

Pinkston v. Lamarque, 247 F. Supp. 2d 1145 (N.D. Cal. 2003).

— Nev. Rev. Stat. § 207.010(l)(b) — 3 cases

Hughes v. State, 996 P.2d 890 (Nev. 2000).

Hobbs v. State, 251 P.3d 177 (Nev. 2011).

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