Marsy’s Law in Nevada is a 2018 constitutional amendment that gives crime victims 17 enforceable rights, from protection against the defendant to notice of hearings, a voice at sentencing and parole, and full restitution paid before the state collects anything else. The rights sit in Article 1, Section 8A of the Nevada Constitution, which means prosecutors, judges, and law enforcement have a constitutional duty to honor them — not just a statutory one that the legislature could rewrite. Several of the most useful rights are opt-in, though. If you never ask for notifications, the system has no obligation to find you.
Who Counts as a Victim
Section 8A defines a victim as any person directly and proximately harmed by a criminal offense under Nevada law. That includes physical harm, financial loss, and emotional injury caused by the crime, and it extends to juvenile delinquency cases as well.
When the person harmed is a minor, mentally incapacitated, or deceased, a legal guardian, a family member, or a court-appointed representative can stand in and claim the rights on their behalf. The court cannot appoint the defendant to that role, and anyone accused of the crime or of helping to commit it is excluded from victim status entirely.
The 17 Rights, and What They Do for You
Not every right is automatic. Some apply the moment a crime is reported; others require a written or telephoned request through the prosecutor’s office. Knowing the difference is what separates victims who stay informed from those who read about a plea deal in the news.
Protection, Privacy, and Freedom From Harassment
You have the right to be treated with fairness and respect for your privacy and dignity throughout the case, and to reasonable protection from the defendant and anyone acting on the defendant’s behalf. Confidential records that could be used to locate or harass you or your family cannot be handed to the defense.
You can refuse a defense interview or deposition unless a court orders otherwise, and even when you agree, you can set reasonable conditions on how it happens. This is one of the more practical protections in the amendment. It stops defense teams from cornering victims into unstructured conversations.
Notice, Presence, and a Voice in Proceedings
Upon request, you have the right to reasonable notice of every public proceeding where the defendant and prosecutor are entitled to be present, including delinquency, parole, and post-conviction release hearings. You have the right to attend those proceedings, and to be heard at any hearing involving release, sentencing, or parole.
You can also give information to anyone conducting a presentence investigation, including how the crime affected you and your family and what sentence you think is appropriate. Judges weigh victim impact statements when deciding sentences and release conditions, so this is not a symbolic right.
Bail, Custody Status, and Parole
When a judge sets bail or release conditions, your safety and your family’s safety must be part of the calculation. You can request updates on the conviction, the sentence, where the defendant is being held, the scheduled release date, and any escape from custody.
After conviction, those rights continue. You can be informed of all post-conviction proceedings, participate in parole hearings, provide information to the parole authority, and be notified when the offender is released. The safety of you, your family, and the public must factor into any parole or post-judgment release decision.
Restitution and Return of Your Property
You have a constitutional right to full and timely restitution from the person convicted. The amendment goes a step further: money and property collected from the defendant must be applied to your restitution before any other financial obligation the defendant owes. Fines, fees, and costs owed to the state come after you, not before.
You also have the right to prompt return of your property once it is no longer needed as evidence. Items in evidence storage can sit there for months or years without someone pushing for their release, so this is worth asking about specifically.
Timely Resolution and the Right to Be Told About These Rights
You have the right to a timely resolution of the case after the defendant’s arrest, and the right to be specifically informed of all the rights listed in Section 8A. If no one from law enforcement or the prosecutor’s office ever told you what rights you have, that failure is itself a violation of the amendment.
How to Activate Your Rights
Constitutional rights that require a request only work if you make the request. Two mechanisms do most of the work in Nevada.
The Marsy’s Card
Law enforcement officers usually hand out a Marsy’s Card during the initial investigation. It lists your rights under Section 8A and collects your contact information so the prosecutor’s office and courts can send notifications. You indicate which updates you want — court dates, custody changes, release information — and the card ties you to the case in the notification system.
If no one gave you a card, contact the local District Attorney’s victim services unit and ask for one. Keep your address and phone number current; if you move without updating the office, notifications simply stop reaching you.
Nevada S.A.V.E. Custody Notifications
Nevada retired the older VINE system on August 28, 2025, and replaced it with Nevada S.A.V.E. (Custody Notifications for Survivors, Advocates, Victims, and Enforcement) at save.nv.gov.1Washoe County Sheriff’s Office. Victim Information and Notification S.A.V.E. is free, anonymous, and available 24 hours a day, and it sends alerts about custody status changes for inmates anywhere in the state. Existing VINE registrations transferred automatically; new users register through the website.
Working With a Victim Advocate
Once you’re connected to the prosecutor’s office, a victim advocate typically reaches out to explain the case timeline and what to expect at each stage. Advocates serve as the link between you and the prosecutors during plea negotiations and sentencing, and their help continues through the final resolution of the case. You do not need to hire an attorney to use your Marsy’s Law rights. Advocate services are free.
Enforcing Your Rights When They’re Ignored
You have standing to assert any Section 8A right in any court with jurisdiction over the case, and the court must rule on the request promptly. A lawyer is not required, though an advocate or attorney can help you frame the motion. You can also bring an action to force a public officer or employee to carry out a duty required by Section 8A or by any statute passed to implement it. If a prosecutor’s office ignores your notification requests, or a judge refuses to let you speak at sentencing, this is the tool to compel compliance.2Nevada Legislature. The Constitution of the State of Nevada
There are firm limits on what enforcement can reach. You cannot sue the state or a public officer for money damages over a rights violation, and you cannot seek injunctive or declaratory relief against the state on a victim’s behalf. A violation of victim rights also cannot be used to set aside a defendant’s conviction. That last limit protects the finality of criminal judgments — defendants cannot get a conviction overturned by arguing that the victim’s rights were mishandled.
Federal Cases in Nevada Are Different
Marsy’s Law is a state constitutional provision, so it does not reach crimes prosecuted in federal court. Federal cases are covered instead by the Crime Victims’ Rights Act at 18 U.S.C. § 3771.3Office of the Law Revision Counsel. 18 USC 3771 – Crime Victims’ Rights The federal rights are similar: reasonable protection from the accused, notice of proceedings, the right to attend and be heard at release and sentencing hearings, the right to confer with the government’s attorney, and full and timely restitution. One notable addition is the explicit right to be informed of any plea bargain or deferred prosecution agreement, which matters because most federal cases resolve by negotiated plea. If your case is in federal district court in Nevada, the CVRA is what applies.
Financial Help and Job Protection While You Deal With the Case
Restitution ordered against a defendant only helps if the defendant can pay. The Nevada Victims of Crime Program (VOCP) provides a separate source of financial assistance for victims of violent crime, covering medical expenses, psychological counseling, and certain other costs tied to the crime.4Nevada Victims of Crime Program. VOC Home
You must apply within 24 months of the injury or death. The deadline extends to 60 months for victims of sex trafficking. The underlying crime must have been reported to police within five days of when it occurred or within five days of when a report could reasonably have been made. Minors who were sexually abused or involved in the production of pornography have until they turn 21 to apply.5Nevada Legislature. NRS Chapter 217 – Aid to Certain Victims of Crime
On the employment side, NRS 50.070 makes it a misdemeanor for an employer to fire or threaten to fire an employee for serving as a witness in a judicial or administrative proceeding. A worker terminated in violation can sue for lost wages, reinstatement, double damages equal to lost wages, and reasonable attorney’s fees.6Nevada Legislature. Nevada Revised Statutes NRS 50.070 For victims of domestic violence or sexual assault, NRS 608.0198 provides broader leave: up to 160 hours in a 12-month period for an employee who has worked at least 90 days, usable to participate in court proceedings among other qualifying purposes.7Nevada Department of Labor. Domestic Violence and Sexual Assault Victim Leave Bulletin