It depends on the circumstances...
Under NRS 205.060, the Nevada crime of burglary does not include the act of entering a commercial establishment during business hours with the intent to commit petit larceny unless the person has previously been convicted:
- Two or more times for committing petit larceny within the immediately preceding 7 years; or
- Of a felony.
Therefore, a person who goes into a store with the intent to steal less than $650 faces only petit larceny charges as long as he/she attempts to steal and has no past felony convictions or no more than one petit larceny conviction in the past 7 years. Petit larceny is only a misdemeanor in Nevada, carrying:
- up to 6 months in jail, and/or
- up to $1,000 in fines
Nevada judges rarely impose jail for a first-time offense of petit larceny in Nevada. Prosecutors may even dismiss the charge in exchange for the defendant paying a fine and completing a petit larceny education class.
Meanwhile, someone who goes into a commercial establishment with intent to shoplift $650 or more in merchandise does face charges of burglary whether or not he/she has previous convictions. Read more information on the Nevada crime of shoplifting.