NRS § 205.240 – Petit Larceny – Nevada Law & Penalties

Nevada Revised Statute § 205.240 defines petit larceny as intentionally taking property valued at less than $1,200.00 without the owner’s consent. Doing so is a misdemeanor punishable by up to six months in jail, fines of up to $1,000, and restitution to the victim.

Prosecutors may be willing to dismiss petit larceny charges if you:

• pay the fine and restitution and
• complete “alternative sentencing,” such as Petit Larceny School.

Petit larceny is also commonly referred to as

• petty larceny or
• petty theft.

If the value of the stolen property is $1,200.00 or greater, then the D.A. would instead bring grand larceny charges. The following table compares and contrasts petty and grand larceny in Nevada.

In this article, our Las Vegas petty larceny lawyers address the following topics:

• 1. “Petit Larceny” Defined
• 2. Jail
• 3. Dismissals and Reductions
• 4. Defenses
• 5. Record Sealing
• 6. Immigration Consequences
• 7. Petty Larceny Statute
• 8. Other Theft Offenses
• Additional Resources

1. “Petit Larceny” Defined

The definition of petit larceny is when you intentionally steal another person’s property without the owner’s consent when the value of the property is less than $1,200. Petty theft cases typically stem from the following situations:

• shoplifting personal goods, such as from Walmart,
• stealing items from a motel or hotel room where you stayed, such as furniture or bedding,
• taking someone else’s domesticated animals, such as a dog, cat or bird, or
• taking a neighbor’s shed or fence, thereby severing their real property by converting it into personal property.¹

Courts might rely on expert testimony and/or market research to determine a stolen item’s worth. If prosecutors overestimate the value of the property in your case, we can challenge the valuation in court. Ultimately, judges attribute the highest value to the stolen property by any reasonable standard.²

Petty larceny in Nevada is stealing less than $1,200 worth of goods.

Petit Larceny Versus Other Larceny Crimes

2. Jail

As a misdemeanor in Nevada, petty larceny carries:

• up to $1,000 in fines, and/or
• up to 6 months in jail.

In addition, the court may order that you pay restitution to the victim. The amount of restitution depends on the value of the stolen items.⁸

In addition to carrying criminal penalties, a petty larceny conviction could cause you to lose out on professional-, educational-, or housing opportunities. Potential employers are much more likely to pass over job applicants with a history of theft.

Note that committing theft while armed with a gun – or as part of an organized retail theft ring – can invite more serious, felony charges carrying prison. This is especially true if anyone else felt physically threatened by you.⁹

3. Dismissals and Reductions

The judge may agree to dismiss your petty larceny charge, especially if it is your first offense. The typical scenario in Nevada is for you to enter a “submittal” to petty larceny, which means that the prosecutor will dismiss the charge as long as you:

• pay a fine,
• pay restitution for the victim’s losses, and
• complete “Petit Larceny School,” an educational course about shoplifting consequences and community resources.

If you do not complete these terms, the judge will convict you of petty larceny and possibly impose jail.

In Las Vegas Municipal Court, the Petit Larceny Program (PLP) costs $225 and consists of either

1. four 2-hour group counseling sessions or
2. one 8-hour class.

If the prosecution is unwilling to dismiss your charge, we may be able to persuade them to change it to trespass or disorderly conduct. These offenses are also misdemeanors, but they carry a lesser social stigma than theft and do not look as bad on background checks.

4. Defenses

Here at Las Vegas Defense Group, petty larceny is one of the most common charges we fight – particularly in the context of shoplifting. In our experience, three defenses that have proven very effective at persuading prosecutors to drop the charge are the following.

There Was No Taking

Merely touching someone else’s property is not the same as taking it.

Example: Friends Jane and Jill go to Walgreens, where Jill dares Jane to steal a lipstick. Jane runs her hand over one of the lipsticks but quickly loses her nerve and takes her hand away. Meanwhile, a cashier overhears the exchange and alerts Las Vegas Metro that Jane has stolen a lipstick.

If the police in the above example cite Jane for petty larceny, the charge should be dismissed because Jane did not steal anything. Touching the lipstick like any patron might should not amount to a taking, even if she was considering taking possession of the property for a short period of time.

Had Jane put the lipstick in her pocket and made it past the register before losing her nerve, then the D.A. might be able to convict her of petty larceny. In that scenario, Jane technically took the lipstick and meant to steal it. The fact she had second thoughts does not negate her prior actions.

You Had No Intent To Steal

Petty larceny is a specific intent crime. Therefore, you may not be convicted of it unless the D.A. can prove beyond a reasonable doubt that you took an item with the intent to steal it.

Example: Jared goes into CVS to buy a soda. While in the store, he gets a phone call. Preoccupied with the phone call, he walks out of the store forgetting to pay. Since Jared did not mean to steal and took the soda in error, he committed no crime.

We find that “lack of intent” is a powerful defense because prosecutors cannot possibly prove what exactly was going on in your head. If we can make a convincing argument that you merely forgot to pay and took the items by mistake because you were distracted or there was an emergency, then criminal charges cannot stand.

The Property Belonged To You

Perhaps you got falsely accused of stealing property that you already owned.

Example: Andy and Bill broke up but share custody of a cat. One day Bill drives to Andy’s and takes the cat from the front porch in order to drive the cat to the vet.

Still angry over the breakup, Andy calls the police and reports that Bill stole the cat. If Bill gets arrested for petty larceny, the charge should be dismissed once he can show that he is a co-owner of the cat.

In short, courts cannot convict you of petty larceny if you owned the allegedly stolen property. Evidence we rely on in these cases includes receipts, eyewitness accounts, and recorded communications such as texts, emails, and voicemails.

Violating NRS 205.240 is a misdemeanor in Nevada carrying potential jail and/or one thousand dollars in fines.

5. Record Sealing

Nevada petty larceny convictions may be sealed from your criminal record one year after the case closes. If the case gets dismissed with no conviction, then you may pursue a record seal right away.

Note that if you get convicted of grand larceny, it has to stay on your record for five years before you can petition for a seal.¹⁰

6. Immigration Consequences

Although petty larceny is technically a crime involving moral turpitude, it is usually not deportable because it falls under immigration law’s “petty offense” exception.¹¹

However, immigration law is constantly changing and is very confusing. Any non-citizen facing petty larceny charges should consult with a criminal defense attorney as soon as possible to try to get a dismissal.

7. Petty Larceny Statute

The language of NRS 205.240 states that:

1. Except as otherwise provided in NRS 205.220, 205.226, 205.228, 475.105 and 501.3765, a person commits petit larceny if the person:

(a) Intentionally steals, takes and carries away, leads away or drives away:

(1) Personal goods or property, with a value of less than $1,200, owned by another person;

(2) Bedding, furniture or other property, with a value of less than $1,200, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or

(3) Real property, with a value of less than $1,200, that the person has converted into personal property by severing it from real property owned by another person.

(b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $1,200, owned by another person.

2. Unless a greater penalty is provided pursuant to NRS 205.267, a person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

8. Other Theft Crimes

Additional Resources

For more information about shoplifting laws and related topics, refer to the following:

1. National Association for Shoplifting Prevention – Provides information on the causes of shoplifting, statistics, and prevention.
2. Loss Prevention Magazine – Information on retail loss prevention and shoplifting deterrence.
3. What the Panic Over Shoplifting Reveals About American Crime Policy – Article about how legislators are tackling shoplifting problems, by the Marshall Project
4. Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Weekly self-help group.
5. Nevada Theft Awareness Class – Online class defendants can take to fulfill court requirements.

 Legal References