NRS
207.012 Habitual felons: Definition; punishment.
1. A person who:
(a) Has been convicted in this State of a felony
listed in subsection 2; and
(b) Before the commission of that felony, was
twice convicted of any crime which under the laws of the situs of the crime or
of this State would be a felony listed in subsection 2, whether the prior
convictions occurred in this State or elsewhere,
Ê is a
habitual felon 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. The district attorney shall include a
count under this section in any information or shall file a notice of habitual
felon if an indictment is found, if each prior conviction and the alleged
offense committed by the accused constitutes a violation of subparagraph (1) of
paragraph (a) of subsection 1 of NRS 193.153,
NRS 199.160, 199.500, 200.030,
200.310, 200.340, 200.366,
200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 200.4631, 200.464, 200.465,
200.467, 200.468, subsection 1, paragraph (a) of
subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230,
201.450, 202.170, subsection 2 of NRS 202.780, paragraph (b) of subsection 2
of NRS 202.820, paragraph (b) of
subsection 1 or subsection 2 of NRS 202.830,
NRS 205.010, subsection 5 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484C.130, 484C.430 or 484E.010.
3. The trial judge may not dismiss a count
under this section that is included in an indictment or information.
(Added to NRS by 1995,
1237; A 1997,
1185; 2001,
1140; 2003,
388; 2005,
88, 165,
1059;
2007,
1268; 2009,
22; 2013,
1855; 2019,
4442)
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1998–2025 · leading case:
Nelson v. State, 170 P.3d 517 (Nev. 2007).
Nelson v. State, 170 P.3d 517 (Nev. 2007).
· cites it 6× “In contrast, NRS 207.012 indicates that the district court shall sentence a defendant convicted of certain offenses as a habitual felon if two qualifying prior convictions are found.”
Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005).
· cites it 2× “Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this state of: (a) Any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been two times convicted, whether in this state or…”
O'NEILL v. State, 153 P.3d 38 (Nev. 2007).
“014, a person convicted in this State of: (a) Any crime of which fraud or intent to defraud is an element, or of petit larceny, or of 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…”
McGervey v. State, 958 P.2d 1203 (Nev. 1998).
· cites it 2× “” McGervey would have been subject to life sentences for only two prior felonies under NRS 207.012, which governs “habitual felons”; however, NRS 207.”
Saintal v. Foster (D. Nev. 2020).
· cites it 10× “5 It is clear that Saintal’s trial counsel informed her that she was ineligible to be sentenced 6 as a habitual criminal under Nev. Rev. Stat. § 207.012 . It is unclear, however, whether Saintal’s 7 trial counsel also informed her that there was a possibility that the state…”
Burgon v. Williams (D. Nev. 2020).
· cites it 9× “Appellant argues that there was no significant benefit to pleading guilty to two counts that could be 26 enhanced under NRS 207.012 unless there was a mistaken belief that he was not eligible under NRS 207.”
Uceda (Alexander) Vs. State (Nev. 2021).
· cites it 8× “Eighth, Uceda argues that counsel should have objected to the State's argument that NRS 207.012 mandated imposing a habitual felon sentence.”
Brown (Tony) v. State (Nev. 2013).
· cites it 4× “012 leaves no discretion whatsoever to either the prosecution or the district court, and there is no opportunity for the district court to weigh any fact other than the existence of a conviction.' Because the only evidence to support habituality presented by State were the six…”
Burgon (Clay) v. State (Nev. 2014).
· cites it 4× “Appellant further notes that notice of NRS 207.012 was only included for the first time in the amended information prepared for the plea negotiations and not in the first information, which only noticed NRS 207.”
Uceda (Alexander) v. State (Nev. 2015).
· cites it 4× “Here, the original judgment of conviction reflects that Uceda was adjudicated and sentenced as a habitual felon under NRS 207.012 for the two counts of robbery with the use of a deadly weapon.”
Owens v. Bean (D. Nev. 2025).
· cites it 2× “See NRS § 207.012 as amended by Laws 2013, c.”
Ross (Billy) v. State (Nev. 2013).
· cites it 3× “Because his two prior felonies, which were filed in the same information, were of similar character and part of a common scheme or plan and because he pleaded to and was sentenced on both charges at the same time, appellant argues that he cannot be a habitual felon under NRS…”
— Nev. Rev. Stat. § 207.012(1) — 2 cases
Nelson v. State, 170 P.3d 517 (Nev. 2007).
“In contrast, NRS 207.012 indicates that the district court shall sentence a defendant convicted of certain offenses as a habitual felon if two qualifying prior convictions are found.”
Uceda (Alexander) Vs. State (Nev. 2021).
“Eighth, Uceda argues that counsel should have objected to the State's argument that NRS 207.012 mandated imposing a habitual felon sentence.”
— Nev. Rev. Stat. § 207.012(2) — 3 cases
Burgon v. Williams (D. Nev. 2020).
“Appellant argues that there was no significant benefit to pleading guilty to two counts that could be 26 enhanced under NRS 207.012 unless there was a mistaken belief that he was not eligible under NRS 207.”
— Nev. Rev. Stat. § 207.012(3) — 1 case
Uceda (Alexander) Vs. State (Nev. 2021).
“Eighth, Uceda argues that counsel should have objected to the State's argument that NRS 207.012 mandated imposing a habitual felon sentence.”
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