Whether someone has vandalized your home or a negligent driver has crashed through your storefront, “injury to property” is a serious matter in Las Vegas. Property damage is not just a civil dispute over repair costs in Nevada. It can also be a high-stakes criminal charge.
Whether you are facing criminal charges or seeking damages, in this article I explain what you need to know about the laws governing property injury in Nevada as of 2026.
The Criminal Side: Malicious Mischief and Vandalism
In Nevada, “injury to property” is typically prosecuted under the umbrella of malicious mischief (NRS 206.310). This serves as a “catch-all” for any willful or malicious destruction of real or personal property.1 Common examples of malicious mischief include breaking windows and using graffiti (“tagging”).
Criminal Penalties Based on Value
The severity of a property damage charge in Las Vegas depends almost entirely on the monetary value of the damage. As of 2026, the thresholds generally follow this structure:
- Misdemeanor (under $250): Punishable by up to 6 months in jail and/or a $1,000 fine.
- Gross misdemeanor ($250 to under $5,000): Punishable by up to 364 days in jail and/or a $2,000 fine.
- Category E felony ($5,000 or more): At least 10 days in jail plus probation and a suspended sentence.2
However, vandalizing certain types of property is always a felony in Nevada, regardless of the value of the damage caused. For example, defacing a state-protected site such as a landmark is a category D felony carrying at least 10 days in jail if the judge grants probation; otherwise, penalties include one to four years in prison and up to $5,000 in fines.3
Note that in addition to fines and possibly jail, the court will also order victim restitution payments.
A Note on Intent
To convict you of malicious mischief in Nevada, the state must prove you acted “willfully or maliciously.” This is a high bar. Accidents—such as a driver losing control of a vehicle due to a mechanical failure—do not constitute criminal injury to property (though they still carry civil liability).4
Common Defenses
If you are charged with malicious mischief in Las Vegas, I typically rely on the three following defenses to try to get the case reduced or dismissed:
- Lack of intent: If the damage was caused by an innocent accident, you committed no crime.
- Mistaken identity: Perhaps the CCTV footage of the vandalism is too grainy for a jury to find beyond a reasonable doubt that it was you who caused the damage.
- Consent: Maybe you reasonably believed the property owner gave you permission to alter or remove the property.
Injuring property in Nevada leads to criminal charges and civil lawsuits.
The Personal Injury Side: Civil Liability for Property Damage
While the District Attorney handles criminal charges, the property owner can sue the responsible party in civil court. From my experience in Las Vegas, property damage claims are often bundled with personal injury lawsuits, especially in auto accidents or negligent security cases.
Negligence vs. Intentional Torts
In a civil case, you do not always have to prove the person meant to cause damage. You only need to prove negligence, which has four elements:
- Duty: The person had a duty to act reasonably (such as, a driver must stay on the road).
- Breach: They failed that duty (such as, they were texting and drove into a fence).
- Causation: Their action directly caused the damage.
- Damages: There is a financial cost to repair or replace the property.5
If the property damage was caused by “oppression, fraud, or malice,” Nevada law allows the court to award punitive damages. Unlike compensatory damages, which are meant to make plaintiffs “whole,” punitive damages are meant to punish the defendant rather than just reimburse the victim.
Under NRS 42.005, punitive damages are typically capped at $300,000 (if compensatory damages are under $100k) or three times the amount of compensatory damages.6
Common Defenses
If you are being sued for property damages, we may be able to argue mistaken identity or consent (similar to criminal cases). In addition, we may be able to argue that you had no duty of care towards the plaintiff or that the plaintiff did not mitigate their damages.
Personal injury cases are extremely fact-specific and often involve insurance companies, HOAs, and property management companies. How best to defend them turn on the details and available evidence.
Recent Legal Developments
In the 2025 landmark ruling of Urias v. District Court, the Nevada Supreme Court clarified the reach of criminal statutes involving vehicle-related property damage. The court held that certain hit-and-run and property damage statutes (specifically NRS 484E.040) do not apply to incidents occurring on purely private property, such as a private parking lot, unless specifically stated by the legislature.
This case provides a powerful defense for individuals charged with criminal property crimes occurring in private Las Vegas parking garages or residential complexes. It reinforces that the state cannot overextend “highway” regulations to private land without explicit statutory authority.7
Malicious mischief is the formal term for vandalism.
Frequently Asked Questions
Can I go to jail for keying a car in Las Vegas?
Yes. Keying a car falls under NRS 206.310. If the repair cost (including a full paint job) exceeds $5,000, you will be charged with a felony.
What is the statute of limitations for property damage in Nevada?
For a civil lawsuit, NRS 11.190(3)(a) sets a three-year statute of limitations for the “detention, or injury to real or personal property.” However, if you are also suing for personal injuries (bodily harm), that portion of the claim usually has a two-year limit.
If I pay back the owner (restitution), will the criminal charges be dropped?
Not necessarily. While paying restitution looks favorable to a judge and may lead to a reduced sentence or a stay of adjudication, the decision to drop charges in Las Vegas rests solely with the Clark County District Attorney.
Does my insurance cover intentional property damage?
Generally, no. Most standard liability policies (auto or homeowners) contain “intentional act” exclusions. If you are sued for intentionally destroying property, you will likely have to pay out of pocket for both your legal defense and the damages.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Criminal Law–Malicious Mischief–Felony or Misdemeanor? – West Virginia Law Review.
- Protecting Artistic Vandalism: Graffiti and Copyright Law – NYU Journal of Intellectual Property & Entertainment Law.
- The Writing on Our Walls: Finding Solutions through Distinguishing Graffiti Art from Graffiti Vandalism – University of Michigan Journal of Legal Reform.
- Punishing Vandalism Correctly in an Access Economy – Notre Dame Journal of Legal Ethics & Public Policy.
- Theft and Vandalism on Construction Sites – Journal of Construction Engineering and Management.
