Larceny from a Person – Nevada Law – NRS § 205.270

Nevada Revised Statute § 205.270 prohibits larceny from a person, informally called pickpocketing. This crime occurs when you steal property directly from the person of another without their consent, but without using force or threats (in contrast to robbery).

Larceny from a person is a category C felony, punishable by:

• 1 to 5 years in Nevada State Prison,
• restitution to the victim, and
• a possible fine of up to $10,000.

However, the judge can grant probation unless the victim had an infirmity (such as being in a wheelchair or being intellectually disabled).

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding larceny from a person in Nevada law:

• 1. Elements of NRS 205.270
• 2. Plea Bargains
• 3. Defenses
• 4. Record Seals
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 205.270

For you to be convicted of larceny from a person (“pickpocketing”) in Nevada, prosecutors have to prove beyond a reasonable doubt the following four elements of the crime:

1. You took property from someone’s person, and
2. You intended to steal that property, and
3. The other person gave no consent, and
4. The circumstances do not amount to robbery, which means you did not use force, violence, or fear of injury.

Note that the property must be physically on the victim’s body (held, worn, or in a pocket). In the 2023 case Young v. State, the Nevada Supreme Court ruled that stealing a wallet from a purse resting on a chair next to the victim does not count as larceny from a person. It is instead treated as standard larceny.

Pickpocketing typically occurs without the victim being aware that they are being stolen from. Victims usually do not realize what happened until later when they find their money or property is missing.¹

An example of larceny from a person is you slipping your hand in a woman’s purse and taking her phone without her consent or knowledge. In contrast, it would be the more serious crime of robbery if you threatened to hurt the woman unless she handed over her phone.

2. Plea Bargains

If you are initially charged with robbery in Nevada, the prosecutor may offer a plea bargain where you plead guilty to larceny from a person. This is a decent plea deal to accept because robbery carries two to 15 years in prison, which is harsher than the one to five-year sentence for larceny from a person.²

Similarly, if you are initially charged with larceny from a person, the D.A. may agree to reduce it down to petit larceny, also called petty theft or petty larceny. Only a misdemeanor carrying up to six months in jail and/or $1,000 in fines, a petit larceny offense is typically charged in shoplifting cases where you steal items worth less than $1,200.

NRS 205.270 makes pickpocketing a crime.

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with theft crimes, including larceny from a person. The best defense always turns on the specific facts of each case.

In our experience, the following nine defenses have proven very effective with prosecutors, judges, and juries at getting NRS 205.270 charges reduced or dismissed.

1. You owned the property that you took.
2. You did not take any property from anyone.
3. You had the person’s consent to take the property.
4. You had no intent to steal or appropriate the person’s property or cash for your own use.
5. You genuinely took the property by mistake.
6. You were falsely accused by the alleged victim or someone else.
7. You were misidentified, such as during a line-up at the police department.
8. You were entrapped by police officers.
9. Law enforcement found the allegedly stolen property through an unlawful search or seizure, which means we can ask the judge to suppress (disregard) it as evidence – the D.A. may then be forced to drop the whole case for lack of proof.³

Common evidence in property crime cases includes eyewitness testimony, video surveillance footage, and the alleged stolen property itself.

4. Record Seals

Nevada convictions for larceny from a person can be sealed from your criminal record five years after the case has ended.

If the charge gets reduced to petit larceny, the record seal waiting time is only one year after the case ends.

If the charge gets totally dismissed, then you can petition for a record seal immediately.⁴

The secret unlawful taking of property of another person from a person’s body is a category C felony.

Frequently Asked Questions

Can I be charged if I took a “bait purse” or wallet left by police?

Yes. Las Vegas police often conduct “bait purse sting” operations where they leave a purse or wallet in a public spot (like a casino floor) to catch thieves. However, because the purse is usually left unattended rather than on an officer’s body, it is typically charged as standard larceny, not larceny from a person.

What is the difference between larceny from the person and robbery?

In Nevada, the key difference is the use of force or fear. Larceny from the person (often called pickpocketing) relies on stealth and taking property without the victim noticing or resisting. If you use violence, threats, or force to take the property—even just a slight struggle—the charge will likely be upgraded to robbery, which carries much harsher penalties.

Does the value of the stolen item determine the punishment?

No. Unlike standard theft or grand larceny charges which rely on price tiers, larceny from the person is a category C felony regardless of the item’s value. Whether you steal a $10 wallet or a $5,000 watch directly from someone’s person, you face the same potential sentence of one to five years in Nevada State Prison.

Can I get probation for larceny from the person?

Generally, yes, probation is available for this offense. However, NRS 205.270 forbids probation if the victim had an infirmity caused by age or a physical condition. In those specific cases, the court is required to impose prison time.

Additional Reading

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

• Extracting the pickpocketing information implied in the built environment by treating it as the anomalies – Cities.
• Detecting Pickpocketing Gangs on Buses with Smart Card Data – Intelligent Transportation Systems Magazine.
• Force in Robbery – The Journal of Criminal Law.
• A Case Control Study: White-Collar Defendants Compared With Defendants Charged With Other Nonviolent Theft – Journal of American Academy of Psychiatry Law.
• Robbery Re-assessed – Criminal Law Journal.

Legal References