Life without parole (LWOP) is Nevada’s harshest criminal punishment short of the death penalty. Though in both cases, the result is dying in prison.

The following category A felonies potentially carry life in Nevada State Prison with no possibility of getting released:

1. First-Degree Murder
2. First-Degree Kidnapping with Substantial Bodily Harm
3. Sexual Assault with Substantial Bodily Harm
4. A Subsequent Conviction of Sexual Assault of a Child Under 16
5. Battery with the Intent to Commit Sexual Assault and which Caused Substantial Bodily Harm or Involved Strangulation

1. First-Degree Murder (NRS 200.030)

In Nevada, first-degree murder is any type of willful, deliberate and premeditated killing. First-degree murder also comprises felony murder, which is an unintentional homicide committed in the perpetration of either:

• sexual assault,
• kidnapping,
• arson,
• robbery,
• burglary,
• invasion of the home,
• sexual abuse of a child,
• sexual molestation of a child under the age of 14 years,
• child abuse or
• abuse of an older person or vulnerable person.

Less common types of first-degree murder are homicides committed:

• to perpetrate terrorism, or
• to avoid an arrest or to escape from custody, or
• at a public or private school property, bus, or activity, and by intentionally using a device or course of action that would normally be hazardous to the lives of more than one person.

LWOP is only one of the potential punishments for first-degree murder. The others include:

• death (only if one or more aggravating circumstances are found, and any mitigating circumstances do not outweigh the aggravating circumstance(s), and the person does not have an intellectual disability), or
• life in prison with the possibility of parole after 20 years, or
• 50 years in prison with the possibility of parole after 20 years.¹

2. First-Degree Kidnapping with Substantial Bodily Harm (NRS 200.310; NRS 200.320)

In Nevada, first-degree kidnapping is willfully confining, abducting, or concealing a person with the intent to hold or detain them:

• for ransom or reward, or
• to rape, extort, or rob the person, or
• to kill or substantially harm the person.

First-degree kidnapping also comprises enticing, carrying away or detaining a child under 18 years old with the intent to:

• keep, imprison, or confine them from their parents or lawful custodians, or
• hold them to unlawful service or perpetrate on their body any unlawful act.
  

LWOP is the harshest punishment for first-degree kidnapping when the victim suffers substantial bodily harm. Alternatively, the court has the discretion to impose:

• life in prison with the possibility of parole after 15, or
• 40 years in prison with the possibility of parole after 15 years.²

3. Sexual Assault with Substantial Bodily Harm (NRS 200.366)

In Nevada, sexual assault is:

• subjecting another person to non-consensual sexual penetration; or
• committing sexual penetration upon a child under 14 years old.

LWOP is the harshest possible punishment for sexual assault causing substantial bodily harm. Otherwise, the court will order life in prison with the possibility of parole after 15 years.³

4. Subsequent Conviction of Sexual Assault of a Child Under 16 (NRS 200.366)

LWOP is the only available sentence for a second or subsequent offense of sexually assaulting a child under 16. It makes no difference whether the prior conviction occurred in Nevada or another jurisdiction.⁴

5. Battery with Intent to Commit Sexual Assault and that Caused Substantial Bodily Harm or Involved Strangulation (NRS 200.400)

In Nevada, “battery” means any willful and unlawful use of force or violence upon another person, such as punching, stabbing, or poisoning.

LWOP is the harshest punishment available for battery with intent to commit sexual assault and where the victim was strangled or sustained substantial bodily harm. Otherwise, the court will impose life in prison with the possibility of parole after 10 years.⁵

Rape causing substantial bodily harm carries LWOP.

Fighting LWOP Sentences

Before you can be sentenced for a crime in Nevada, you are entitled to a sentencing hearing. This is your opportunity to present “mitigating evidence” to persuade the judge to grant you a sentence on the lower end of the penalty range.

Common mitigating evidence I introduce during sentencing hearings includes:

• testimony from friends, family, and co-workers about your good character,
• records of your good deeds, such as community service and volunteering,
• medical records of any health conditions you have that may get worse in prison, and/or
• your own statement accepting responsibility and apologizing to the victims.

In many cases, I can negotiate with prosecutors beforehand and come to an agreement on a laxer sentence. As long as the prosecution is on board, judges usually “rubber stamp” our sentencing request.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Juvenile Life without Parole in Law and Practice: Chronicling the Rapid Change Underway – American University Law Review.
• The Fiscal and Human Costs of Life Without Parole – The Prison Journal.
• Life without Parole: The View from Death Row – Criminal Law Bulletin.
• Against Life Without Parole – Washington University Jurisprudence Review.
• Life-Without-Parole: An Alternative to Death Or Not Much of a Life at All – Vanderbilt Law Review.

Legal References