Nevada theft law – The 5 most common offenses

Five of the most common types of theft crimes in the state of Nevada are:

• 1. Shoplifting (NRS 205.220 & .240)
• 2. Pick-pocketing (NRS 205.270)
• 3. Robbery (NRS 200.380)
• 4. Auto-theft (NRS 205.228)
• 5. Burglary (NRS 205.060)

1. Shoplifting (NRS 205.220 & .240)

The penalties for stealing merchandise from a store (“shoplifting“) turn on the value of the stolen property.

Stealing less than $1,200 is prosecuted as petty larceny (formally called petit larceny), which is a misdemeanor. The punishment is:

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

(Courts may permit you to do community service in lieu of paying fines.)

When the value of the property is at least $1,200, stealing from a store is prosecuted as grand larceny (“grand theft” or “felony theft”). This is always a felony under Nevada criminal law:

Value of property	Shoplifting sentence
$1,200 to less than $5,000	category D felony 1 – 4 years in Nevada State Prison, and restitution, and possibly up to $5,000
$5,000 to less than $25,000	category C felony 1 – 5 years in prison, and restitution, and possibly up to $10,000
$25,000 to less than $100,000	category B felony 1 – 10 years in prison, and restitution, and up to $10,000
$100,000 or more	category B felony 1 – 20 years in prison, and restitution, and up to $15,000

Typical larceny charge defenses are that you believed you had already paid or that you did not intentionally take the allegedly stolen items.¹

Note that the above penalties are identical to those for embezzlement (NRS 205.300) and possession of stolen property (NRS 205.275).

2. Pick-pocketing (NRS 205.270)

Pick-pocketing – formally called larceny from a person – is intentionally stealing property from the person of another

• without their consent, and
• without using force or threats.

A common example is slipping your hand into someone’s purse and taking their wallet or phone. Pick-pocketing victims typically do not realize they have been stolen from until later when they discover that their property is gone.

Pick-pocketing is always a category C felony, even if the stolen personal property has little value. The penalties are:

• 1 to 5 years in prison,
• possibly up to $10,000, and
• restitution

Common defenses are that you had consent to take the items or that you are being falsely accused.²

3. Robbery (NRS 200.380)

Robbery is using force, violence, or fear of injury to steal property from someone’s person or presence. The classic example is holding up a cashier with a gun and demanding the contents of the cash register.

Robbery is always a category B felony under Nevada theft law, even if no property is ultimately taken. Penalties include two to 15 years in prison, though penalties can as much as double if you were armed with a deadly weapon.

Potential defense strategies to robbery criminal charges are to argue:

• You never used force or fear on the victim;
• You never took – or tried to take – anything; or
• You were misidentified (which is common since many robbers wear masks).³

4. Auto-theft (NRS 205.228)

Stealing a car, truck, or motorcycle – formally called grand larceny of a motor vehicle – is always prosecuted as a felony under Nevada state law.

A first-time offense is a category C felony, carrying:

• 1 to 5 years in prison,
• possibly up to $10,000, and
• restitution

A subsequent auto-theft offense within five years of the prior one is prosecuted as a category B felony, carrying:

• 1 to 6 years in prison,
• possibly up to $5,000, and
• restitution²

The charge should be dismissed if you can show that you had permission to borrow the vehicle.⁴

5. Burglary (NRS 205.060)

The legal definition of burglary is entering a building or vehicle with the intent to commit either:

• assault, or
• battery, or
• larceny, or
• or any felony

while inside.

Therefore, burglary is not always a theft crime: Entering a vehicle or building with the intention to commit a violent crime or drug crime inside qualifies as burglary even if you have no intent to steal.

Committing burglary with a deadly weapon is always a category B felony, carrying:

• 2 to 15 years in prison and
• possibly up to $10,000

If there is no deadly weapon, the penalties depend on where the burglary occurred:

Location	Burglary sentence
Residence	Category B felony: 1 – 10 years in prison
Business	Category C felony: 1 – 5 years in prison, and possibly up to $10,000
Other structure	Category D felony: 1 – 4 years in prison, and possibly up to $5,000
Motor vehicle	First offense Category E felony: Typically probation and a suspended sentence, which may include up to 1 year in jail. Subsequent offense Category D felony: 1 – 4 years in prison, and possibly up to $5,000

An effective defense is to argue that you had no intention to commit a crime when you entered the building or structure. Prosecutors may have a difficult time proving your state of mind beyond a reasonable doubt.⁵

Arrested by law enforcement on theft charges? Contact our criminal defense lawyers for legal advice on your larceny offense. Our Nevada law firm defends against theft cases throughout the state, including Las Vegas and Reno.

Our criminal defense attorneys also represent clients facing charges for DUI, domestic violence, and identity theft. If your case is over, we may also petition to get your criminal record sealed.

Learn more about your Nevada theft attorneys.

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Legal References