Yes. A person can still be convicted of burglary under Nevada law for entering a structure with the intent to steal, even if he/she never actually steals anything.
Under NRS 205.060, a burglary occurs when someone enters any structure or vehicle with the intent to commit either of the following offenses while inside the structure or vehicle:
- larceny, or
- assault, or
- battery, or
- obtaining money by false pretenses, or
- any felony crime
It does not matter whether the suspect was successful in carrying out any of the above crimes while inside the structure or vehicle. Merely having the intent to commit one of the above crimes while entering the structure or vehicle is sufficient for the person to be convicted of burglary. Also note that a person can be charged with burglary by entering a building or vehicle for the purpose of beating someone up or manufacturing drugs…having the intent to commit a theft while inside is the only way to commit the Nevada crime of burglary.
|Residence||Category B felony:|
The judge may grant probation and a suspended sentence if:
|Business||Category C felony:|
|Other structure||Category D felony:|
|Motor vehicle||First offense|
Probation and a suspended sentence, which may include up to 1 year in jail. If the defendant has two or more prior felony convictions, the judge may impose 1 to 4 years in prison and up to $5,000 in fines (at the judge’s discretion).
Category D felony:
|*Burglary is always a category B felony if the defendant had a firearm or other deadly weapon at any time during the commission of the crime or before leaving the structure or motor vehicle. The penalties include 2 to 15 years in prison and up to $10,000 in fines (at the judge’s discretion).|
Read more information on the Nevada crime of burglary.