Nevada Vandalism & Malicious Mischief Laws
(NRS 381.225 & NRS 206.310)
Explained by Las Vegas Criminal
Defense Attorneys
Many people don't realize that vandalism can be a felony in Nevada. And the penalties may include not only high fines and prison . . . future employers may refuse to hire you once they see a vandalism or malicious mischief conviction on your criminal record.
Our Las Vegas criminal defense lawyers have decades of experience in getting criminal charges lowered to less serious offenses or even dismissed completely. Scroll down to learn more about Nevada vandalism crimes and what we can do to help resolve your case in your favor.
Definition of vandalism & malicious mischief in Las Vegas, NV
The legal definition of vandalism in Las Vegas, Nevada, means to willfully damage, destroy, or deface another's property without consent. Vandalism also goes by the names "malicious mischief" and "public offense" in Nevada. Common examples of vandalism include:
- spraying graffiti on a highway overpass
- tearing down a signboard that had been erected by the Nevada Department of Wildlife
- carving your initials into any historic or prehistoric landmark
- throwing rocks at a church window
- breaking off a piece of a statue in a park
- running over a neighbor's fence
- pouring acid on farm crops
Note that the mere act of entering property with the intent to vandalize is a crime in Nevada even if the vandalism never occurs and no damage is done.
Defenses for malicious mischief in Las Vegas, NV
How best to defend against Las Vegas vandalism charges depends on the facts of the specific case. The following are three common defenses that may come into play:
- Consent. No malicious mischief occurred if the property's owner consented to you damaging it. If your attorney can show that you reasonably believed you had the owner's permission, the charges should be dropped.
- Behavior wasn't willful. Nevada vandalism laws aren't meant to punish people for honest accidents or for defacing property out of necessity or emergency, such as during a natural disaster. You're not liable for vandalism if the prosecution can't prove that you acted maliciously.
- The property was yours. You've committed no crime when you defaced your own property (unless it causes a public health hazard, breaks certain property codes, or violates insurance fraud laws, etc.). If you can show you owned the property, then malicious mischief charges cannot stand.
Penalties for vandalism in Las Vegas, NV
In general, the punishment for vandalism in Nevada depends on the extent of the damage done or the type of property that was damaged:
Damage is less than $25:
Where the value of the loss due to the malicious mischief is less than $25, the penalty is a fine of no more than $500 plus restitution.
Damage is $25 or more but less than $500:
Where the value of the loss is at least $25 but less than $500, vandalism is a misdemeanor in Las Vegas carrying a sentence of:
- restitution, and
- up to six months in jail and/or up to $1,000 in fines
Damage is $500 or more but less than $5,000:
Where the value of the loss is at least $500 but less than $5,000, malicious mischief is a gross misdemeanor in Las Vegas carrying a sentence of:
- restitution, and
- up to 1 year in jail and/or up to $2,000 in fines
Damage is $5,000 or more:
Where the value of the loss is at least $5,000, vandalism is a category C felony in Las Vegas carrying a sentence of:
- restitution, and
- one to five years in Nevada State Prison, and
- maybe up to $10,000 in fines
Damage to Public Utilities:
Malicious mischief is always a category C felony in Las Vegas when it results in the impairment of:
- public communication (such as phone lines),
- transportation (such as highways), or
- police or fire protection
The sentence for vandalizing these public utilities in Nevada includes:
- restitution, and
- one to five years in prison, and
- maybe up to $10,000 in fines
Damage to Historic and Prehistoric Sites (NRS 383.435):
The act of willfully defacing, excavating or destroying a historic or prehistoric site on state land is a misdemeanor in Las Vegas carrying a $500 fine for a first offense. A second or subsequent offense is a gross misdemeanor in Las Vegas, carrying up to one year in jail and/or up to $3,000 in fines.
Damage to Property used for Religion, Burial, Education, Transportation & Community (NRS 206.125):
It's a gross misdemeanor in Nevada to knowingly vandalize, place graffiti on, deface or otherwise damage the following:
- any church, synagogue or other place used for religious worship or other religious purpose, or
- any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead, or
- any school, educational facility, transportation facility, public transportation vehicle or community center, or
- any grounds near or personal property in the above-mentioned locations.
The penalties depend on the number of times the defendant has been convicted of this crime in the past. For a first offense, the sentence includes:
- restitution, and
- a fine of $400 to less than $1,000, and
- 100 hours of community service
For a second offense, the sentence includes:
- restitution, and
- a fine of $750 to less than $1,000, and
- 200 hours of community service
For a third or subsequent offense, the sentence includes:
- restitution, and
- a fine of $1,000, and
- 200 hours of community service
Damage to the Department of Wildlife (NRS 501.383):
Willfully vandalizing property belonging to the Department of Wildlife is a misdemeanor carrying a fine of $50 to $500 and/or up to six months in jail.
Defacing Proclamations and Notices (NRS 206.270):
Intentionally destroying or tearing down any proclamation or notification that had been posted under government authority carries a $500 fine.
Posting Bills or Posters (NRS 206.200):
Unlawfully posting bills, signs or posters is a misdemeanor in Nevada carrying:
- up to six months in jail, and/or
- up to $1,000 in fines
Entering Property with the Intention to Vandalize (NRS 206.040):
Willfully entering another's property with intent to take, injure or destroy any property there and under circumstances not amounting to burglary is a misdemeanor in Nevada carrying:
- up to six months in jail, and/or
- up to $1,000 in fines
For more information about Nevada burglary laws, go to our in-depth article on Nevada burglary laws.
Nevada Graffiti Laws (NRS 206.330):
Nevada has separate laws governing punishments for illegal graffiti use. To learn the rules and penalties, refer to our informational article on Nevada graffiti laws.
Facing vandalism or malicious mischief charges? We're here . . .
If after reading this article you'd like to speak with our Las Vegas criminal defense lawyers for free, call 702-DEFENSE (333-3673). We may be able to negotiate your charges down to a lesser offense or get them dropped altogether. And if necessary, we're always ready to fight for you at trial. To learn about the law in California, visit our page on Penal Code 594 | California vandalism laws.
