NRS 381.225 – Vandalism of Historic Sites – Nevada Law

NRS 381.225 is the Nevada vandalism crime law that prohibits defacing historical sites. These include both man-made sites (such as a building) or natural sites (such as Indian caves). Specifically, this statute reads that:

It is unlawful for any person to commit vandalism upon any historic or prehistoric sites, natural monuments, speleological sites and objects of antiquity, or to write or paint or carve initials or words, or in any other way deface, any of those objects, Indian paintings or historic buildings.

The punishments turn on the extent and type of the damage:

But the D.A. may agree to reduce or dismiss the charges through a plea bargain. Possible defenses include:

1. the defendant was falsely accused
2. no defacement occurred
3. the site was not historic

In this article, our Las Vegas criminal defense attorneys discuss the Nevada crime of vandalizing historical sites under NRS 381.225:

• 1. Definition
• 2. Penalties
• 3. Defenses
• 4. Immigration consequences
• 5. Record seals

1. Definition

NRS 381.225 makes it a crime to vandalize, deface, or write or paint or carve initials or words on either:

• historic or prehistoric sites (such as the Baker Archaeological Site),
• natural monuments (such as in the Valley of Fire),
• speleological sites (caves),
• objects of antiquity,
• Indian paintings (such as the Lagomarsino Canyon Petroglyph site), and/or
• historical buildings (such as the Nevada State Capitol)

It makes no difference whether these places or objects are in a national park, open to the public, and/or cordoned off. Any action that changes the appearance, structure, or nature of these sites is against Nevada law.¹

Note that people accused of putting graffiti on a historic site would probably be charged for graffiti (NRS 206.330).

Also note that people accused of defacing historic sites on federal probably would probably face federal rather than state charges for the destruction of federal property under 18 U.S.C. § 1361.

2. Penalties

Defacing a historic place in violation of NRS 381.225 is prosecuted as a category C felony if the damage impairs either:

• public communication,
• transportation, or
• police and fire protection

The monetary value of this type of damage is irrelevant to calculating the sentence, which is always:

• one to five (1 – 5) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

When no damage to public infrastructure occurs, the penalties for violating NRS 381.225 turns on the extent of the monetary damage:

2.1. $5,000 or higher

Causing damage worth at least $5,000 is a category C felony, carrying:

• one to five (1 – 5) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

2.2. $250 to less than $5,000

Causing damage worth at least $250 to less than $5,000 is a gross misdemeanor, carrying up to 364 days in jail and/or up to $2,000 in fines.

2.3. $25 to less than $250

Causing damage worth at least $25 but less than $250 is a misdemeanor, carrying up to 6 months in jail and/or up to $1,000 in fines.

2.4. Less than $25

Causing less than $25 worth of damage to a place of historic significance carries a maximum civil fine of $500.²

3. Defenses

People accused of violating NRS 381.225 may be able to get the charges dropped by making the following arguments:

1. the defendant was falsely accused;
2. no defacement occurred; or
3. the site was not historic

And even if prosecutors refuse to drop the charge, they may agree to lower it by showing that the damage is less extensive than what they originally charged.

3.1. The defendant was falsely accused

Perhaps someone levied false allegations against the defendant just to get him/her in trouble with the law. Or perhaps any damage that occurred was from natural causes such as a forest fire or windstorm, and the defendant was in the wrong place at the wrong time.

As long as there is insufficient evidence to prove beyond a reasonable doubt that the defendant committed vandalism, criminal charges should not stand.

3.2. No defacement occurred

Maybe the defendant’s actions did not rise to the level of vandalism: For instance, merely touching or pouring water on a site or monument is usually not illegal.

Helpful evidence would include any video recordings or eyewitness testimony. If the defense attorney can demonstrate that the defendant did nothing illegal, the charge should be dismissed.

3.3. The site was not historic

NRS 381.255 applies only to certain historic and prehistory sites and monuments. If the defense attorney can show that the location of the alleged offense does not fall under the umbrella of places protected by this statute, the charges should be dropped. (However, the defendant may still be able to be charged with other vandalism offenses.)

4. Immigration consequences

Defacing historical sites is probably not a deportable offense. But this is not a sure thing, especially with the rapidly shifting state of immigration law.

Any non-citizen facing criminal charges in Nevada is urged to retain an experienced attorney right away to try to ensure that their case does not jeopardize their resident status.

5. Sealing Nevada records for the defacement of historic sites

A conviction for an NRS 381.225 violation is usually sealable from the defendant’s criminal record after a predetermined wait time. The length of this wait depends on what category of crime the defendant was convicted of:

Learn more about how to seal Nevada criminal records.³

Call a Nevada criminal defense attorney…

Have you been accused of vandalism or another crime in Nevada? Our Las Vegas criminal defense attorneys would like to help get your charges reduced or dismissed.

We can usually achieve a favorable resolution through negotiation alone. But we are always ready to demand a trial and appeal to the jury for a full acquittal.

Legal References