Nevada

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Nev. Rev. Stat. Sec. 62.080

Sec. 62.081

If a child accused of a felony was at least 14 at the time of the alleged offense, a juvenile court may, upon motion of the district attorney, either retain jurisdiction of the case or certify the child for criminal proceedings. The law does not specify grounds for certification or factors to be considered in such cases. A child certified for one offense will also be tried as an adult for any other offense arising out of the same facts, regardless of its nature.



In addition, a child of at least 14 who escapes or attempts to escape from a juvenile facility may be certified for trial as an adult for the escape or attempted escape as well as any related offense arising out of it, provided either (1) the child was placed in the facility in the first place after being charged with or adjudicated delinquent for a felony or (2) the escape or attempted escape involved the use of a dangerous weapon.


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Any felony; escape or attempted escape from a juvenile facility, if (1) the child was placed in the facility in the first place after being charged with or adjudicated delinquent for a felony or (2) the escape or attempted escape involved the use of a dangerous weapon.


Presumptive Waiver Nev. Rev. Stat. Sec. 62.080

Upon the district attorney's motion in the case of a child meeting age/offense criteria, the juvenile court must certify the child for adult prosecution unless it finds, by clear and convincing evidence, that "the child's actions were substantially the result of his substance abuse or emotional or behavioral problems and such substance abuse or problems may be appropriately treated through the jurisdiction of the juvenile court." A child certified for one offense will also be tried as an adult for any other offense arising out of the same facts, regardless of its nature.


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any offense or attempted offense involving the use or threatened use of a firearm.

Person 14 Sexual assault involving the use or threat of force.


Statutory Exclusion Nev. Rev. Stat. Sec. 62.040(2)

Certain defined offenses are not deemed "delinquent acts" and thus are not within the juvenile court's jurisdiction.


Offense Category Minimum Age Offense Detail

Any Criminal None specified Any offense committed by a person with a previous criminal conviction.

Murder None specified Murder, attempted murder, or any related offense arising out of the same facts.

Person 16 Sexual assault or attempted sexual assault committed by a child with a previous felony adjudication, or any related offense arising out of the same facts.

Weapon 16 Any offense or attempted offense committed by a child with a previous felony adjudication and involving use or threatened use of a firearm, or any related offense arising out of the same facts.


Reverse Waiver Nev. Rev. Stat. Sec. 62.080(4)

A child certified for adult prosecution may petition the adult court for transfer back to juvenile court "upon a showing of exceptional circumstances." Once the case is transferred back, the juvenile court must also "determine whether the exceptional circumstances warrant accepting jurisdiction."


Once an Adult, Always Nev. Rev. Stat. Sec. 62.040(2)(d)

Any offense committed by a child who has previously been convicted as an adult is not deemed to be a "delinquent act" coming under the juvenile court's jurisdiction. (See Statutory Exclusion.)