Vandalism by Minors in Nevada

Minors (children under 18 years old) who get arrested for vandalism in Nevada are not charged criminally like adults. Instead, their cases are handled in the local Juvenile Court.

In Juvenile Court, minors do not get “convicted” of crimes. Instead, the court can find them “delinquent” or “in need of supervision.”

Juvenile court prioritizes rehabilitation over punishment. Therefore, typical juvenile penalties for vandalism in Nevada include:

• community service,
• a drug alcohol evaluation,
• probation,
• a driver’s license suspension, and/or
• counseling.

In more serious cases, judges can also impose fines and possibly detention in the local juvenile hall. Las Vegas’s Juvenile Detention Center is located at 651 North Pecos Rd., Las Vegas, Nevada 89101. Parents can call Call (702) 455-5200 for more information.¹

What is the Juvenile Court process in Nevada?

A police officer or a probation officer takes the minor into custody if they have probable cause to believe they committed vandalism. In most cases, the minor will be released from this “initial detention” and ordered to return to court on a specific date.

If the officer decides to detain the minor, then the judge will decide whether to continue detaining the child pending the resolution of the case. Since vandalism is a non-violent crime, the judge will usually release the minor (with or without conditions).⁸

Then if the prosecutor decides to file a petition pressing juvenile charges, the minor has a right to a hearing (similar to a bench trial in criminal court). However, the majority of cases resolve through a plea deal.

Most first-time offenders are placed under informal supervision for up to six months. As long as they follow their terms of probation (such as completing community service and counseling), the juvenile charges get dismissed. Otherwise, they may be adjudged “delinquent.”²

Does vandalism go on the minor’s criminal record?

No, because juvenile records are not criminal records. Furthermore, juvenile records are automatically sealed when the minor turns 21 years old (in most cases).

If three years have passed since the vandalism case closed – and the minor is not yet 21 years old – they can petition the juvenile court to seal their record early. The court will usually agree to an early seal if:

1. The minor has been rehabilitated, and
2. The minor has not since been convicted of any crimes involving moral turpitude (such as violent crimes).³

Children under 18 accused of vandalism are prosecuted in Juvenile Court in Nevada.

What is vandalism?

Vandalism – formally called the “malicious destruction of property” – comprises destroying, defacing, or injuring other people’s property. Examples include:

• knocking down a fence;
• breaking a store window;
• carving words into a building wall;
• spray-painting a billboard; and/or
• covering a door with graffiti.⁴

What are the best defenses?

Here at Las Vegas Defense Group, I have represented countless young people accused of vandalism crimes. In my experience, the following three defenses have proven very effective with prosecutors and judges at getting these cases reduced or dismissed.

1. The minor had the consent of the property owner. I have seen cases where people were planning to tear down a shed or redo a gate, so they let the neighborhood kids demolish it for them. This is perfectly legal as long as the property owner allows it.
2. The vandalism was not done willfully. Perhaps the minor was running for their life from a predator or a vicious dog,  and in the process they damaged a fence or other property. Or perhaps the minor was walking and texting and accidentally ran into a mailbox or parked car. It is not a delinquency to act out of necessity or to make a mistake: At most, the minor may be civilly liable to pay for repairs.
3. The minor committed no vandalism. It is not unusual for police to arrest the wrong person, especially when so many young people hang out in groups and dress alike. The real culprit may even falsely accuse someone else to throw the police off their scent. In these cases, we rely on such evidence as video surveillance footage, eyewitness accounts, and phone GPS records.

Ultimately, my goal when defending young people is two-fold: 1) Achieve the best short-term penalties and 2) Minimize any long-term fallout. Minors have their whole lives ahead of them, so my aim is to craft resolutions that do not jeopardize their future educational, scholarship, or occupational opportunities.

Juvenile found delinquent of vandalism are typically placed on informal probation.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• 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.
• The Process Frame: Vandalism, Removal, Re-Siting, Destruction – A Companion to Public Art.

Also see our article on Nevada juvenile laws.

Legal References