Nevada's Safe Streets and Neighborhoods Act: What AB 4 Changed About DUI Sentences, Burglary, and Stalking Law Starting in 2026

Nevada Assembly Bill 4 -- the Safe Streets and Neighborhoods Act -- took effect January 1, 2026, carrying the largest single-session expansion of Nevada criminal penalties in recent memory. Higher maximum sentences for DUI causing death, new felony categories for property crimes, and an expanded definition of stalking are now part of Nevada's criminal code. If you or a family member faces charges affected by AB 4, understanding what changed is the first step toward building an effective defense.

What AB 4 Changed About DUI Penalties in Nevada

Prior to January 1, 2026, a DUI causing death in Nevada carried a maximum sentence of 20 years. AB 4 raised that maximum to 25 years and created a mandatory minimum of 10 years before parole eligibility for a first-offense DUI causing death by a defendant with no prior DUI convictions. For defendants with one prior DUI conviction, the mandatory minimum is higher; for those with two or more prior convictions, the minimum increases further. The practical effect is that DUI causing death is now treated with substantially greater severity at sentencing, and the discretion courts previously had to impose sentences at the lower end of the range is constrained by the mandatory minimums.

SB 309, which passed in the same legislative period, revised Nevada's DUI sentencing ranges more broadly, standardizing how courts across all Nevada counties apply penalties for DUI offenses that do not involve death or serious injury. Together, AB 4 and SB 309 represent a significant tightening of the DUI sentencing framework. Defense attorneys handling DUI cases in Nevada in 2026 must now advise clients about a more constrained sentencing range and a prosecutorial environment that has been reinforced by the legislature's clear direction toward increased penalties.

Marijuana impairment was codified as equivalent to alcohol for purposes of felony DUI charges. Nevada has a per se blood limit for active THC, and a result above that limit in a serious crash case is now treated with the same weight in charging and sentencing decisions as a blood alcohol concentration above the legal limit. For defendants in DUI cases involving cannabis, the 2026 law eliminates an argument that was sometimes available under the prior, less explicit framework.

New Felony Categories: Burglary Causing Damage, Smash-and-Grab, and Hospitality Worker Assault

AB 4 added several new criminal provisions beyond DUI. One creates a distinct felony charge for burglaries that result in property damage. Previously, a smash-and-grab incident might result in charges for burglary and potentially a separate property damage or vandalism charge, but the damage was typically a misdemeanor add-on rather than an aggravated felony in its own right. The new provision makes property damage caused during a burglary its own felony offense, which prosecutors can charge alongside or instead of the underlying burglary charge.

The law also enhanced penalties for assault and battery committed against hospitality workers -- a specific provision targeting a pattern of incidents in Nevada's resort and casino industry. Physical attacks on hotel staff, casino employees, servers, and other hospitality workers are now subject to elevated charges under AB 4. This provision applies throughout Nevada but is most directly aimed at the conduct patterns documented in Las Vegas resort properties.

AB 4 revived the Las Vegas Strip specialty court, which has the authority to impose banning orders that prohibit convicted offenders from entering the resort corridor for up to one year as a condition of sentencing. For defendants who live or work in the tourist corridor, this ban can be a significant collateral consequence of a conviction -- affecting employment, housing in proximity to the Strip, and ordinary daily activity. Defense attorneys in Las Vegas must now advise clients about this potential consequence for offenses committed in that geographic area.

What AB 4's Changes Mean for Defense Strategy in 2026

The higher stakes created by AB 4 make early, skilled defense representation more important than ever in Nevada criminal cases. A DUI case that would previously have exposed a client to a maximum of 20 years now carries a 25-year maximum and a mandatory minimum that removes the court's ability to impose a more lenient sentence even when the facts might support one. The best opportunity to address sentencing outcomes is at the charging stage -- before charges are filed, during any plea discussions, and through pre-trial motions that can limit the evidence the prosecution can use.

For charges involving the new property damage felony provision, the facts matter enormously. Whether the property damage occurred during the burglary, the extent of the damage, and who caused it are all relevant to whether the new provision applies and how it is charged. Defense attorneys who understand the exact statutory language of the new provision can identify gaps in the prosecution's theory and challenge whether the facts support the enhanced charge.

The expanded stalking definition included in AB 4 -- which now explicitly covers conduct toward persons in current or former dating relationships -- is relevant to domestic-context charges where the relationship classification has previously been disputed. Understanding the exact definition and how it applies to the specific conduct alleged is essential for any defense strategy in these cases. Freedom First Criminal Defense offers free consultations for Nevada criminal cases affected by the 2026 AB 4 changes.

6 Nevada Criminal Cases Where AB 4 Could Change the Outcome

The 2026 changes under AB 4 are not abstract -- they have concrete effects on specific charge types and sentencing outcomes. These are the situations where the new law matters most.

1. A DUI case where an accident caused injuries or death: The mandatory minimums under AB 4 for DUI causing death create significantly constrained sentencing even for first-time offenders. The best time to address this is before charges are filed or during pre-trial proceedings -- not at sentencing.
2. A case where marijuana impairment is alleged in an accident: The explicit codification of marijuana impairment as equivalent to alcohol in felony DUI matters means THC test results are now more likely to be treated as definitive by prosecutors. Defense attorneys must challenge test timing, chain of custody, and the relationship between THC blood levels and actual impairment.
3. A burglary charge that involves property damage: The new property damage felony provision creates a second charge on top of the underlying burglary. Whether the damage was caused by the defendant, whether it occurred 'during' the burglary in the statutory sense, and the dollar value of the damage are all relevant to the defense.
4. An assault charge involving a hotel or casino employee: AB 4's enhanced penalties for assaults on hospitality workers apply throughout Nevada but are most significant in Las Vegas resort properties. The elevated charge has different sentencing consequences than a standard assault or battery, and the defense must address the specific statutory element.
5. A stalking or harassment charge in a dating relationship context: AB 4's expanded stalking definition now explicitly covers dating relationships, including former ones. Understanding exactly what conduct is alleged and whether it meets the expanded definition's elements is the starting point for any defense in these cases.
6. Any offense committed on or near the Las Vegas Strip: The revived Strip specialty court can impose banning orders as a sentencing condition. For defendants with any connection to employment or residence in the tourist corridor, this consequence requires specific attention in plea and sentencing discussions.

Frequently asked questions

Do the AB 4 mandatory minimums apply to DUI cases already pending before 2026?

Generally, criminal sentencing follows the statute applicable when the charged conduct occurred. For DUI offenses that took place before January 1, 2026, the prior sentencing ranges typically apply. An attorney can evaluate whether the new law applies to a specific pending case based on the offense date.

Is the 10-year mandatory minimum for DUI causing death negotiable through a plea?

Mandatory minimums set by statute establish a floor below which the court cannot go, regardless of plea negotiations. However, the mandatory minimum applies to the specific charge of DUI causing death. Defense attorneys sometimes negotiate to different charges that do not carry the same mandatory minimum. Whether that is possible depends heavily on the specific facts and evidence in the case.

What is the Las Vegas Strip specialty court and who goes before it?

The specialty court was revived under AB 4 and has jurisdiction over certain offenses committed within a defined geographic area covering Las Vegas resort properties. Defendants convicted of qualifying offenses in that area can be subject to banning orders. Freedom First Criminal Defense can advise on whether the specialty court applies to a specific case and what defense options exist.