171.095 - Limitations for offenses committed in secret manner and offenses constituting sexual abuse of child.

171.095  Limitations for offenses committed in secret manner and offenses constituting sexual abuse of child.

      1.  Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:

      (a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085, 171.090 and 624.800 after the discovery of the offense, unless a longer period is allowed by paragraph (b) or the provisions of NRS 202.885.

      (b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:

             (1) Twenty-one years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches that age; or

             (2) Twenty-eight years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches 21 years of age.

      2.  If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

      [1911 Cr. Prac. § 74; RL § 6924; NCL § 10722]—(NRS A 1981, 771; 1985, 2167; 1989, 1443; 1993, 305; 1997, 891; 1999, 3525; 2001, 3031; 2005, 1209)

      NRS 171.100  Indictment found when it is presented and filed.  An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

      [1911 Cr. Prac. § 75; RL § 6925; NCL § 10723]