When is “theft” charged as a felony in Nevada?

In Nevada, theft is generally charged as a felony if the value of the items/cash stolen is $1,200 or higher. However, Nevada prosecutors also bring felony theft charges for either: Pick-pocketing, robbing, burglarizing, or stealing a car, gun, or mail – no matter the value of the things stolen.

Felonies carry a minimum of one year in Nevada State Prison, though most theft convictions are probationable.¹

In this article, I summarize everything you need to know about when theft is prosecuted as a felony in Nevada and the possible penalties.

Theft Crimes & Penalties

The following four Nevada theft offenses are prosecuted as felonies if the value of stolen property/cash amounts to $1,200 or higher:

1. grand larceny (NRS 205.220) – taking another’s property without permission, including shoplifting;
2. possession of stolen property (NRS 205.275) – keeping property that you know has been stolen;
3. theft of lost property (NRS 205.0832(d)) – stealing property that the rightful owner has lost; and
4. embezzlement (NRS 205.300) – wrongfully keeping property that has been temporarily entrusted to you (such as a cashier stealing cash from the register)

The penalties for these Nevada theft crimes increase with the value of the stolen property:

Value of Stolen Property	Punishments (in addition to restitution)
$1,200 to less than $5,000	category D felony:  1 to 4 years in prison and up to $5,000
$5,000 to less than $25,000	category C felony:  1 to 5 years in prison and up to $10,000
$25,000 to less than $100,000	category B felony:  1 to 10 years in prison and up to $10,000
$100,000 or more	category B felony:  1 to 20 years in prison and up to $15,000

If the value of the items stolen is less than $1,200, then the D.A. will bring misdemeanor charges for petty theft (NRS 205.240), carrying:

• up to 6 months in jail and/or up to $1,000, plus
• restitution.²

Automatic Felony Thefts

The following theft crimes in Nevada are automatically charged as felonies no matter the value of the stolen items or cash.³

Nevada Theft Offense	Penalties (in addition to restitution)
Grand larceny of a motor vehicle (NRS 205.228) Stealing a motor vehicle, no matter the value	First offense Category C felony:  1 to 5 years in prison and up to $10,000 Subsequent offense in five years Category B felony:  1 to 6 years in prison and up to $5,000
Possession of a stolen vehicle (NRS 205.273) Knowingly possessing a car you know someone else stole	Category C felony:  1 to 5 years in prison and up to $10,000
Mail theft (NRS 205.975) Knowingly stealing mail	Category D felony:  1 to 4 years in prison and up to $5,000
Grand larceny of a firearm (NRS 205.226) Stealing any kind of gun, no matter the value	Category B felony:  1 to 10 years in prison up to $10,000
Larceny from a person (NRS 205.270) Stealing cash or items from someone’s person without force or threats (“pick-pocketing”)	Category C felony:  1 to 5 years in prison and up to $10,000
Robbery (NRS 200.380) Stealing cash or items from someone’s person or presence using force or threats	Category B felony:  2 to 15 years in prison and an additional 1 to 15 years in prison if a deadly weapon or tear gas was used
Burglary (NRS 205.060) Entering a structure or motor vehicle with the intent to commit larceny inside	Burglary of a residence Category B felony:  1 to 10 years in prison Burglary of a business Category C felony:  1 to 5 years in prison and up to $10,000 Burglary of another structure Category D felony:  1 to 4 years in prison and up to $5,000 Burglary of a motor vehicle Category E felony for a first offense:  Usually probation and a suspended sentence. Category D felony for a subsequent offense:  1 to 4 years in prison and up to $5,000 Burglary with a deadly weapon, no matter the location Category B felony:  2 to 15 years in prison and up to $10,000

Note that as of October 1, 2023, it is also an automatic Nevada felony to steal catalytic converters out of vehicles:

• Stealing one device is a category E felony, which typically carries probation and a suspended sentence.
• Stealing two to nine devices is a category D felony, carrying 1 to 4 years in prison and up to $5,000.
• Stealing ten or more devices is a category C felony, carrying 1 to 5 years in prison and up to $10,000.⁴

Frequently Asked Questions

What is the threshold for felony theft in Nevada?

In Nevada, theft is generally charged as a felony (specifically grand larceny) if the value of the property or services stolen is $1,200 or more. If the value is less than $1,200, the offense is typically a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

Are there stolen items that always trigger felony charges, regardless of value?

Yes. Stealing a firearm or a motor vehicle is always a felony in Nevada, no matter how much the item is worth. Additionally, the theft or unlawful possession of even a single used catalytic converter is a category E felony.

How does Nevada determine the “value” of stolen property?

Nevada law requires that the value of stolen property be determined by its fair market value at the time of the theft. Prosecutors often establish this value through evidence such as price tags, receipts, appraisals, or expert testimony.

What are the prison sentences for felony theft?

Felony theft penalties in Nevada depend on the value of the stolen goods:

• $1,200 to less than $5,000:  Category D felony (1 – 4 years in prison).
• $5,000 to less than $25,000:  Category C felony (1 – 5 years in prison).
• $25,000 to less than $100,000:  Category B felony (1 – 10 years in prison).
• $100,000 or more:  Category B felony (1 – 20 years in prison).

Additional Reading

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

• Larceny by Mistake. A Comedy of Errors – Modern Law Review.
• Criminal Law: Distinction between Larceny and Embezzlement – California Law Review.
• Criminal Law—Larceny—Criminal Intent – Buffalo Law Review article about the state of mind necessary for a theft conviction.
• The Value of the Subject Matter of Larceny – Dickinson Law Review.

Also see our Las Vegas theft lawyers‘ related articles on the Nevada theft offenses of trick-rolling, bait-purse stings, looting, and identity theft.

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Legal References