LARCENY

This article is intended for general information. It is not intended as a substitute for legal advice from an attorney about your particular case. This Article is current as of June 24, 2015. Larceny crimes are different than other types of crimes. They are considered crimes of bad character. Because of this, convictions for larcenies can make it difficult to gain employment. They also have serious negative immigration consequences.

Petit (Petty) Larceny

Petit (petty) larceny occurs when a person intentionally steals, takes, carries, leads or drives away personal goods or property less than $650 owned by another person. This includes bedding valued at less than $650 used in lodging owned by someone else. It also covers items valued at less than $650 which were removed from real property owned by another person. It is also petit larceny to intentionally steal, take and carry away, lead, drive, or entice away one or more domesticated animals or domesticated birds, with an aggregate value of less than $650, owned by another person. Petit larceny is a misdemeanor punishable by a fine of up to $1,000 and 6 months in prison. Property for purposes of larceny is defined as:
  1. Personal goods, personal property and motor vehicles;
  2. Money, negotiable instruments and other such items.
  3. Livestock, domesticated animals and domesticated birds; and
  4. Any other item of value.

Defenses to Petit Larceny

Petit larceny requires an intent to take the item belonging to someone else. If you didn’t mean to take something, or took it accidentally, this is not the crime of petit larceny. Another common defense is to challenge the value of the items.

How are the items valued?

The value of property involved in a larceny offense shall be deemed to be the highest value attributable to the property by any reasonable standard. If a prosecutor believes there is a scheme to steal property in more than one offense, the value of each item may be aggregated. This could result in felony charges because the value will be greater than $650.

Larceny of scrap metal or utility property

Larceny of scrap metal or utility property can either be a misdemeanor or felony. If a person intentionally steals, takes and carries away scrap metal or utility property with a value of less than $650 within a period of 90 days, that crime is a misdemeanor. If a person intentionally steals, takes and carries away scrap metal or utility property with a value of $650 or more within a period of 90 days, he or she is guilty of a felony if the value of the scrap metal or utility property taken is less than $3,500. If the value of the scrap metal or utility property taken is $3,500 or more, the crime is a category B felony and he or she shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000. In addition to any other penalty, it is mandatory for the court to order a person who commits felony larceny of scrap metal or utility property to pay restitution and: For a first offense, to perform 100 hours of community service, For a second offense, to perform 200 hours of community service; and For a third or subsequent offense, to perform up to 300 hours of community service for up to 1 year, as determined by the court.

How is the value of the property determined?

In determining the value of the scrap metal or utility property taken, the prosecutor will add the cost of repair and, if necessary, replacement of any property damaged by the theft of the scrap metal or utility property. Taking property from another person under circumstances not amounting to robbery This is a separate crime from robbery. A person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his or her own use, takes property from the person of another, without the other person’s consent, will be punished as follows:
  1. If the value of the property taken is less than $3,500, the crime is a category C felony and is punishable by 1-5 years in prison and a fine of up to $10,000.
  2. If the value of the property taken is $3,500 or more, the crime is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
In addition to any other penalty, the court must order the person to pay restitution. Further, if the victim was infirm from age or physical condition, the court cannot grant probation, and a prison sentence is mandatory.

Grand Larceny

Except as otherwise provided in NRS 205.226 and 205.228, a person commits grand larceny if the person:
  1. Intentionally steals, takes and carries away, leads away or drives away: (a) Personal goods or property, with a value of $650 or more, owned by another person; (b) Bedding, furniture or other property, with a value of $650 or more, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or (c) Real property, with a value of $650 or more, that the person has converted into personal property by severing it from real property owned by another person.
  2. Uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which the person knows he or she is not entitled.
  3. Intentionally steals, takes and carries away, leads away, drives away or entices away: (a) One or more head of livestock owned by another person; or (b) One or more domesticated animals or domesticated birds, with an aggregate value of $650 or more, owned by another person.
  4. With the intent to defraud, steal, appropriate or prevent identification: (a) Marks or brands, causes to be marked or branded, alters or defaces a mark or brand, or causes to be altered or defaced a mark or brand upon one or more head of livestock owned by another person; (b) Sells or purchases the hide or carcass of one or more head of livestock owned by another person that has had a mark or brand cut out or obliterated; (c) Kills one or more head of livestock owned by another person but running at large, whether or not the livestock is marked or branded; or (d) Kills one or more domesticated animals or domesticated birds, with an aggregate value of $650 or more, owned by another person but running at large, whether or not the animals or birds are marked or branded.

Punishment for Grand Larceny

Unless there is a greater penalty specifically provided, a person who commits grand larceny in violation of NRS 205.220 shall be punished as follows: If the value of the property involved in the grand larceny is less than $3,500, the person who committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS 193.130. If the value of the property involved in the grand larceny is $3,500 or more, the person who committed the grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person who committed the grand larceny to pay restitution.

Use of unlawful coin or cheating device in vending machine, telephone or other coin operated device

  1. It is unlawful for any person, in using any lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or in connection with the sale, use or enjoyment of property or service: (a) To use other than lawful coin, legal tender of the United States of America, or coin not of the same denomination as the coin intended to be used in such device; or (b) To use or have on his or her person any cheating or thieving device to facilitate removing from any lawful vending machine, coin box, telephone or other receptacle any part of the contents thereof.
  2. Every person who violates any of the provisions of this section is guilty of a gross misdemeanor.

Theft of money or property of value of $650 or more from vending machines

  1. A person who intentionally steals, takes and carries away property of the value of $650 or more from vending machines within a period of 1 week is guilty of: (a) If the value of the property taken is less than $3,500, a category C felony and shall be punished as provided in NRS 193.130; or (b) If the value of the property taken is $3,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
  2. In addition to any other penalty, the court shall order the person to pay restitution.
  3. In determining the value of the property taken, the cost of repairing damaged vending machines and replacing any machine, if necessary, must be added to the value of the property.

Grand larceny of a firearm

  1. A person who intentionally steals, takes and carries away a firearm owned by another person commits grand larceny of a firearm.
  2. A person who commits grand larceny of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
  3. In addition to any other penalty, the court shall order the person who committed the grand larceny of the firearm to pay restitution.

Grand larceny of motor vehicle

  1. A person who intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person commits grand larceny of a motor vehicle.
  2. Except as otherwise provided in subsection 3, a person who commits grand larceny of a motor vehicle is guilty of a category C felony and shall be punished as provided in NRS 193.130.
  3. If the prosecuting attorney proves that the value of the motor vehicle involved in the grand larceny is $3,500 or more, the person who committed the grand larceny of the motor vehicle is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
  4. In addition to any other penalty, the court shall order the person who committed the grand larceny of the motor vehicle to pay restitution.
If you or a loved one is currently facing a theft-related charge, you should contact us immediately for help. With over 40 years of experience, we have the knowledge and expertise to help you. Mueller, Hinds, and Associates, Chtd. (702) 940-1234.







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