NRS § 206.310 – “Vandalism” – Nevada Laws & Penalties

Q: What is vandalism in Nevada?

Nevada's legal definition of vandalism - also called malicious destruction of property - is destroying or injuring another's property. NRS 206.310 is a catch-all crime that comprises all acts of vandalism not specifically prohibited by other vandalism statutes. Some examples of NRS 206.310 violations include: Tearing down a billboard; carving words into building facades; driving over a neighbor's fence. Note that vandalism suspects often face additional criminal charges depending on the circumstances. For example, a person who allegedly breaks down a door and goes inside to steal a computer would face charges for both burglary (NRS 205.060) and vandalism (for breaking down the door).

Q: What are ways to fight the charges?

Common defenses to malicious destruction of property include: You had consent; your behavior was not willful; or the police arrested the wrong person.

Q: Can immigrants be deported?

Vandalism is not usually a deportable offense, but immigration law is constantly evolving under the current administration. Any criminal charge looks bad on a non-citizen's record, especially if they are hoping to obtain citizenship eventually.

Q: How soon can the record be sealed?

The waiting period to seal a Nevada vandalism conviction depends on the category of crime. For category B, C, or D felony convictions, the wait is 5 years after the case closes. For category E felony or gross misdemeanor convictions, the wait is 2 years after the case closes. For misdemeanor convictions, the wait is 1 year after the case closes. If there is no conviction, there is no wait.

NRS § 206.310 is a Nevada malicious mischief law that prohibits vandalism of public and private property, including

real estate,
vehicles, and
personal belongings.

Depending on the extent of the damage, vandalism penalties may include

fines,
restitution,
community service,
jail, and
a driver’s license suspension.

A common defense is that your actions were not willful or malicious.

The language of the statute states:

Every person who shall willfully or maliciously destroy or injure any real or personal property of another, for the destruction or injury of which no special punishment is otherwise specially prescribed, shall be guilty of a public offense proportionate to the value of the property affected or the loss resulting from such offense.

In this article, our Las Vegas criminal defense attorneys discuss:

Young man about to vandalize a car in violation of NRS 206.130

Vandalism in Nevada is willfully or maliciously destroying others’ property.

1. What is vandalism in Nevada?

Nevada’s legal definition of vandalism – also called malicious destruction of property – is destroying or injuring another’s property. NRS 206.310 is a “catch-all” crime that comprises all acts of vandalism not specifically prohibited by other vandalism statutes.¹

Some examples of NRS 206.310 violations include:

Tearing down a billboard
Carving words into building facades
Driving over a neighbor’s fence

Note that Las Vegas vandalism suspects often face additional criminal charges depending on the circumstances. For example, a person who allegedly breaks down a door and goes inside to steal a computer would face charges for both

burglary (NRS 205.060) and
vandalizing (for breaking down the door).

2. What are ways to fight the charges?

Common defenses to Las Vegas vandalism charges include:

You had the property owner’s consent;
Your behavior was not willful; or
The police arrested the wrong person

2.1. You had the property owner’s consent

There is no vandalism if the property’s owner gave you permission to damage it.² If your defense attorney can show that you reasonably believed you had the owner’s approval, the vandalism charges should be dropped.

Helpful evidence to show consent would be written communications between you and property owner as well as eyewitnesses who heard the owner giving consent.

2.2. Your behavior was not willful

NRS 206.310 is not meant to punish people for honest accidents or who deface property out of necessity or emergency, such as during a natural disaster.³

Example: Sally is taking a walk near her home in downtown Las Vegas. Suddenly a mountain lion appears, and she climbs over a neighbor’s fence and climbs a tree until the animal passes. But in the process of climbing the fence, she damages several of the pickets. Afterward the neighbors call the Las Vegas Metropolitan Police Department, who arrest Sally for vandalism (as well as trespass under NRS 207.200).

In the above example, Sally acted neither willfully nor maliciously. She faced a dire situation that threatened her life. Therefore Sally acted reasonably by climbing the fence in order to take cover even if it resulted in property damage.

There are also several social media postings by other people which serve as proof there was a mountain lion in the area at the time Sally scaled the fence. Although the Las Vegas police arrested her, Sally will probably be found not guilty of any criminal charges in Nevada.

2.3. The police arrested the wrong person

Vandals typically come out at night and act quickly, and many wear obscuring clothes such as face masks. Therefore it may be difficult for eyewitnesses to recognize who committed the vandalism. This leads to false arrests and misidentifications during criminal line-ups.

If the prosecutor cannot prove beyond a reasonable doubt that you are the person who caused the damage, then the NRS 206.310 charge should be dismissed.

Typical evidence in these cases include:

surveillance video,
police reports,
forensic evidence, and/or
eyewitnesses

3. What are the penalties under NRS 206.310?

The punishment for defacing property can carry just a small fine or several years in Nevada State Prison depending on the case:

Vandalism damage	NRS 206.310 penalties
$5,000 in damage or more; or Where the damage impairs public communication, transportation, or police and fire protection (no matter the monetary value of the loss)	Category C felony: 1 – 5 years in prison, and up to $10,000 in fines (at the judge’s discretion)
$250 to less than $5,000 in damage	Gross misdemeanor up to 364 days in jail, and/or up to $2,000 in fines
$25 to less than $250 in damage	Misdemeanor up to 6 months in jail, and/or up to $1,000 in fines
Less than $25 in damage	A civil fine of no more than $500⁴

Note that many alleged NRS 206.310 violations involve gang members, which can cause jail or prison sentences to double.⁵ Learn more about criminal gang enhancements.

A first on a broken window in an act of vandalism.

NRS 206.310 penalties typically depend on the extent of damage done.

3.1. Penalties for other vandalism crimes

Nevada has more than a dozen vandalism crimes distinct from NRS 206.310, each with its own criminal sentence:

Nevada vandalism crime	Punishment
Knowingly vandalizing religious, burial, educational, transportation, or community sites (NRS 206.125)	Misdemeanor: 1^st offense – $400 – $1,000 in fines, 100 hours of community service, and restitution 2^nd offense – $750 – $1,000 in fines, 200 hours of community service, and restitution 3^rd offense – $1,000 in fines, 200 hours of community service, and restitution
Unlawfully posting bills, signs, or posters (NRS 206.200)	Misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines
Entering property with intent to vandalize (NRS 206.040)	Misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines
Injury of property facing foreclosure (NRS 206.045)	Misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines
Intentionally destroying or tearing down any proclamation or notification that had been posted under government authority (NRS 206.270)	Misdemeanor: up to $500 in fines
Graffiti and defacement of property (NRS 206.330)	Causing less than $250 in damage and cleanup costs is a misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines Causing $250 to less than $5,000 in damage and cleanup costs is a gross misdemeanor. up to 364 days in jail, and/or up to $2,000 in fines Causing $5,000 or more in damage and cleanup costs is a category E felony. This carries probation, which includes at least 10 days in jail. (But if you have two or more prior felony convictions, the court may impose one to four years in prison and up to $5,000 in fines.)
Vandalizing historic sites (NRS 381.225)	The same penalties as those for NRS 206.310 (scroll up to the previous subsection)
Willfully vandalizing property belonging to the Nevada Department of Wildlife (NRS 501.383)	Misdemeanor: up to 6 months in jail, and/or $50 – $500 in fines

In some cases, you may have to pay for the cost of clean-up. Depending on the location of the offense, you may be arrested by park rangers instead of metro police.

4. Can immigrants be deported?

Vandalism is not usually a deportable offense, but immigration law is constantly evolving under the current administration. Any criminal charge looks bad on a non-citizen’s record, especially if they are hoping to obtain citizenship eventually.

Aliens charged with a crime in Nevada are encouraged to seek legal counsel right away in an attempt to get the charges dismissed.

5. How soon can the record be sealed?

The waiting period to seal a Nevada vandalism conviction depends on the category of crime:

Class of Nevada vandalism conviction	Record seal wait time
Category B felony	5 years after the case closes
Category C felony	5 years after the case closes
Category D felony	5 years after the case closes
Category E felony	2 years after the case closes
Gross misdemeanor	2 years after the case closes
Misdemeanor	1 year after the case closes
No conviction (charge got dismissed)	No waiting period⁶

Learn more about sealing criminal records.

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Call our Las Vegas, NV criminal defense attorneys.

We represent clients with vandalism charges throughout the state, including Las Vegas, Henderson, Washoe County, Reno, Clark County, Carson City, Goodsprings, Laughlin, Mesquite, North Las Vegas, Bunkerville, Moapa, Moapa Valley, Elko, Pahrump, Searchlight, and Tonopah.

Arrested in California? Visit our page on Penal Code 594 PC.

Arrested in Colorado? Visit our article on Colorado Vandalism Laws.

Helpful links

http://nv.gov/
Governor Sisolak

Legal References

Nevada Revised Statute 206.310 – Injury to other property.
Same.
Same.
Same; NRS 193.155; Romero v. State, 116 Nev. 344, 996 P.2d 894 (Nev. 2000).
NRS 193.168.
NRS 179.245; NRS 179.255.

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