USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 206 - MALICIOUS MISCHIEF
As used in this chapter,
“graffiti” means any unauthorized inscription, word, figure or design
that is marked, etched, scratched, drawn, painted on or affixed to the
public or private property, real or personal, of another, which defaces
the property.
(Added to NRS by 1995, 736)
Whenever any persons unlawfully assembled pull down, damage or
destroy any dwelling house or other building, or any shop, steamboat,
vessel or other property, they severally are guilty of a public offense
proportionate to the value of the property damaged or destroyed.
[1911 C&P § 347; RL § 6612; NCL § 10295]—(NRS A 1967, 512; 1979,
1453)
Every person who willfully and maliciously:
1. Cuts down, destroys or injures, other than by burning, any
wood, timber, grain, grass or crop, standing or growing, or which has
been cut down and is lying upon the lands of another, or of the State;
2. Cuts down, laps, girdles or otherwise injures or destroys,
other than by burning, a fruit, shade or ornamental tree standing on the
land of another, or of the State, or in any road or street; or
3. Cuts down, destroys or in any way injures, other than by
burning, any shrub, tree, vine or garden produce grown or growing within
any orchard, garden, vineyard or yard, or any framework or erection
therein,
Ê is guilty of a public offense proportionate to the value of the loss
resulting therefrom.
(Added to NRS by 1967, 513; A 1979, 329)
Every person who willfully and maliciously enters, without the
consent of the owner or occupant, any real property of another under
circumstances not amounting to a burglary, with intent to take, injure or
destroy any real or personal property there situated, is guilty of a
misdemeanor.
[Part 1911 C&P § 488; RL § 6753; NCL § 10435]—(NRS A 1979, 1454)
1. Unless a greater penalty is provided by law, a person who
knowingly vandalizes, places graffiti on, defaces or otherwise damages:
(a) Any church, synagogue or other building, structure or place
used for religious worship or other religious purpose;
(b) Any cemetery, mortuary or other facility used for the purpose
of burial or memorializing the dead;
(c) Any school, educational facility or community center;
(d) The grounds adjacent to, and owned or rented by, any
institution, facility, building, structure or place described in
paragraph (a), (b) or (c); or
(e) Any personal property contained in any institution, facility,
building, structure or place described in paragraph (a), (b) or (c),
Ê is guilty of a gross misdemeanor. In addition to any other penalty, the
court shall order the person to pay restitution for the damage.
2. A person who is paid money for restitution pursuant to
subsection 1 shall use the money to repair or restore the property that
was damaged.
(Added to NRS by 1989, 898; A 1995, 737; 2005, 501 )
Every person who:
1. Commits any nuisance in any building, public or private;
2. Commits any trespass upon the grounds attached thereto, or any
fixtures placed thereon, or any enclosure or sidewalk about the building;
or
3. In any manner interferes with or disturbs those peaceably
assembled within the building,
Ê shall be guilty of a public offense proportionate to the value of any
property damaged or destroyed, but in no event less than a misdemeanor.
[Part 1911 C&P § 495; RL § 6760; NCL § 10442] + [1911 C&P § 496; RL
§ 6761; NCL § 10443]—(NRS A 1967, 513; 1979, 1454)
1. Except as otherwise provided in subsections 2 and 3, any person
who willfully and maliciously kills, maims or disfigures any animal
belonging to another, or exposes any poison or noxious substance with
intent that it should be taken by the animal is guilty of a category D
felony and shall be punished as provided in NRS 193.130 , and may be further punished by a fine of not
more than $10,000.
2. Except as otherwise provided in NRS 205.220 , a person who willfully and maliciously kills
an estray or one or more head of livestock, without the authority to do
so, is guilty of a category C felony and shall be punished as provided in
NRS 193.130 .
3. The provisions of subsection 1 do not apply to any person who
kills a dog pursuant to NRS 575.020 .
4. As used in this section:
(a) “Estray” means any livestock running at large upon public or
private lands in this state, whose owner is unknown in the section where
the animal is found.
(b) “Livestock” has the meaning ascribed to it in NRS 205.219
.
[Part 1911 C&P § 488; RL § 6753; NCL § 10435]—(NRS A 1961, 402;
1967, 513; 1979, 1395; 1999, 2515 ; 2001, 2891 )
Every person who shall willfully and maliciously:
1. Untie, unfasten or liberate, without authority, the horse or
team of another; or
2. Lead, ride or drive away, without authority, the horse or team
of another from the place where left by the owner or person in charge
thereof,
Ê shall be guilty of a misdemeanor.
[Part 1911 C&P § 488; RL § 6753; NCL § 10435]—(NRS A 1961, 269)
Any
person who shall willfully, unlawfully or maliciously:
1. Without the consent of the owner, agent or occupant of the
premises or property herein mentioned, deface, disfigure or cover up any
fruit tree or ornamental tree, fence, wall, house, shop or building, the
property of another, by pasting upon, or in any way fastening thereto,
any printed bill, signboard, show poster or other device whatsoever;
2. Without a written permit from the board of county commissioners
in the county wherein such written permit may be issued, deface,
disfigure or cover up by pasting upon, or in any way fastening thereto,
any printed bill, signboard, show poster or other device whatsoever upon
any public building, monument, gravestone, ornamental tree or other
object or property under the supervision and control of the board of
county commissioners of the respective counties in this state, or under
the supervision and control of any municipal government, or of any
association or society whatsoever; or
3. Place upon or affix to any real property, or any rock, tree,
wall, fence or other structure thereupon, without the consent of the
owner thereof, any word, character or device designed to advertise any
article, business, profession, exhibition, matter or event,
Ê shall be guilty of a misdemeanor.
[Part 1911 C&P § 489; RL § 6754; NCL § 10436]—(NRS A 1967, 514)
1. Except as otherwise provided in subsection 2, every person who
willfully or maliciously:
(a) Removes any monument of stone, wood or other durable material
erected, or post or stake fixed or driven in the ground, for the purpose
of designating the corner, or any other point, in the boundary of this
state or any political subdivision thereof, or any lot or tract of land,
or any mining claim or claims;
(b) Alters the marks upon any tree, post or other monument made for
the purpose of designating any point, course or line, in any such
boundary; or
(c) Cuts down or removes any tree upon which any such marks are
made for that purpose, with the intent to destroy such marks,
Ê is guilty of a public offense proportionate to the value of the loss
resulting therefrom, but in no event less than a misdemeanor.
2. This section does not apply to a professional land surveyor who
acts in accordance with NRS 625.380 .
3. As used in this section, the “value of the loss resulting
therefrom” means the cost of restoring or replacing the marks or
monuments which have been removed, altered or destroyed.
[1911 C&P § 411; A 1935, 28; 1931 NCL § 10363]—(NRS A 1967, 514;
1979, 1454; 1999, 964 )
A
person who fraudulently or maliciously tears, burns, effaces, cuts, or in
any other way destroys, with the intent to defraud, prejudice or injure
any person or body corporate:
1. Any deed, lease, bond, will, or any other sealed writing;
2. Any bank bill or note, check, warrant or certificate for the
payment of money or other thing, or other security for the payment of
money or the delivery of goods;
3. Any certificate or other public security of this state, the
United States, or any state or territory for the payment of money;
4. Any receipt, acquittance, release, defeasance, discharge of any
debt, suit or other demand;
5. Any transfer or assurance of money, stock, goods, chattels or
other property;
6. Any letter of attorney or other power;
7. Any daybook or other book of account; or
8. Any agreement or contract,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
[1911 C&P § 406; RL § 6671; NCL § 10358]—(NRS A 1979, 1454; 1995,
1237)
1. If any person shall intentionally deface, obliterate, tear down
or destroy, in whole or in part, any copy or transcript, or extract from
or of any law of the United States, or of this state, or any
proclamation, advertisement or notification, set up at any place in this
state by authority of any law of the United States, or of this state, or
by order of any court, such person, on conviction, shall be fined not
more than $500.
2. This section shall not extend to defacing, tearing down,
obliterating or destroying any law, proclamation, publication,
notification, advertisement or order after the time for which the same
was by law to remain set up shall have expired.
[1911 C&P § 409; RL § 6674; NCL § 10361]—(NRS A 1967, 515)
Every person who shall
willfully or maliciously and with intent to injure another destroy,
alter, erase, obliterate or conceal any letter, telegraph message, book
or record of account, or any writing or instrument by which any claim,
privilege, right, obligation or authority, or any right or title to
property, real or personal, is, or purports to be, or upon the happening
of some future event may be evidenced, created, acknowledged,
transferred, increased, diminished, encumbered, defeated, discharged or
affected, shall be guilty of a gross misdemeanor.
[1911 C&P § 447; RL § 6712; NCL § 10400]
Every person who shall:
1. Willfully open or read, or cause to be read, any sealed letter,
message or telegram, not addressed to himself, without being authorized
so to do either by the writer of the same or by the person to whom it
shall be addressed, is guilty of a gross misdemeanor.
2. Maliciously publish the whole or any part of such letter,
message or telegram, without the authority of the writer thereof or of
the person to whom the same shall be addressed, knowing the same to have
been so opened, is guilty of a gross misdemeanor.
[1911 C&P § 449; RL § 6714; NCL § 10402]—(NRS A 1967, 515)
A
person who, in such a manner as might, if not discovered, endanger a
vessel, railway engine, motor, train or car, shows, masks, extinguishes,
alters or removes any light or signal, or exhibits any false light or
signal, shall be punished:
1. Where physical injury or property damage results therefrom, for
a category B felony by imprisonment in the state prison for a minimum
term of not less than 1 year and a maximum term of not more than 10
years, and may be further punished by a fine of not more than $10,000.
2. Otherwise, for a gross misdemeanor.
[1911 C&P § 485; RL § 6750; NCL § 10432]—(NRS A 1967, 516; 1979,
1455; 1995, 1237)
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.
[1911 C&P § 497; RL § 6762; NCL § 10444]—(NRS A 1967, 516)
1. The Board of Museums and History may, by itself or by its
designated representative, post or otherwise properly designate a site
containing petrified wood deemed of sufficient importance to preserve in
its natural state.
2. It is unlawful to disturb or remove any petrified wood from a
designated site.
3. Any violation of this section is a misdemeanor.
4. The Division of State Parks of the State Department of
Conservation and Natural Resources, and personnel thereof, the sheriffs,
in their respective counties, and all other peace officers shall enforce
this section.
(Added to NRS by 1959, 292; A 1960, 94; 1963, 827; 1981, 657; 1985,
143)
1. Unless a greater criminal penalty is provided by a specific
statute, a person who places graffiti on or otherwise defaces the public
or private property, real or personal, of another, without the permission
of the owner:
(a) Where the value of the loss is less than $250, is guilty of a
misdemeanor.
(b) Where the value of the loss is $250 or more but less than
$5,000, is guilty of a gross misdemeanor.
(c) Where the value of the loss is $5,000 or more or where the
damage results in the impairment of public communication, transportation
or police and fire protection, is guilty of a category E felony and shall
be punished as provided in NRS 193.130 .
2. If a person commits more than one offense pursuant to a scheme
or continuing course of conduct, the value of all property damaged or
destroyed by that person in the commission of those offenses may be
aggregated for the purpose of determining the penalty prescribed in
subsection 1.
3. A person who violates subsection 1 shall, in addition to any
other fine or penalty imposed:
(a) For the first offense, perform not less than 50 hours, but not
more than 99 hours, of community service.
(b) For the second offense, perform not less than 100 hours, but
not more than 199 hours, of community service.
(c) For the third and each subsequent offense, perform not less
than 200 hours of community service.
Ê The community service assigned pursuant to this subsection must, if
possible, be related to the abatement of graffiti.
4. The parent or legal guardian of a person under the age of 18
years who violates this section is liable for all fines and penalties
imposed against the person. If the parent or legal guardian is unable to
pay the fine and penalties resulting from a violation of this section
because of financial hardship, the court may require the parent or legal
guardian to perform community service.
5. If a person who is 18 years of age or older is found guilty of
violating this section, the court may issue an order suspending the
driver’s license of the person for a period not to exceed 6 months in
addition to any other penalty imposed. If such an order is issued, the
court shall require the person to surrender all driver’s licenses then
held by the person. If the person does not possess a driver’s license,
the court may issue an order prohibiting the person from applying for a
driver’s license within the 6 months immediately following the date of
the order. The court shall, within 5 days after issuing the order,
forward to the Department of Motor Vehicles any licenses together with a
copy of the order.
6. The Department of Motor Vehicles:
(a) Shall not treat a violation of this section in the manner
statutorily required for a moving traffic violation.
(b) Shall report the suspension of a driver’s license pursuant to
this section to an insurance company or its agent inquiring about the
person’s driving record. An insurance company shall not use any
information obtained pursuant to this paragraph for purposes related to
establishing premium rates or determining whether to underwrite the
insurance.
7. A criminal penalty imposed pursuant to this section is in
addition to any civil penalty or other remedy available pursuant to
another statute for the same conduct.
8. As used in this section, “impairment” means the disruption of
ordinary and incidental services, the temporary loss of use or the
removal of the property from service for repair of damage.
(Added to NRS by 1995, 736; A 1997, 37; 2001, 2582 ; 2003, 1019 )
1. The Graffiti Reward Fund is hereby created in the State General
Fund.
2. When a defendant pleads or is found guilty of violating NRS
206.125 or 206.330 , the court shall include an administrative
assessment of $250 for each violation in addition to any other fine or
penalty. The money collected must be paid by the clerk of the court to
the State Controller on or before the fifth day of each month for the
preceding month for credit to the Graffiti Reward Fund.
3. All money received pursuant to subsection 2 must be deposited
with the State Controller for credit to the Graffiti Reward Fund. The
money in the Fund must be used to pay a reward to a person who, in
response to the offer of a reward, provides information which results in
the identification, apprehension and conviction of a person who violates
NRS 206.125 or 206.330 .
4. If sufficient money is available in the Graffiti Reward Fund, a
state law enforcement agency may offer a reward, not to exceed $1,000,
for information leading to the identification, apprehension and
conviction of a person who violates NRS 206.125 or 206.330 .
The reward must be paid out of the Graffiti Reward Fund upon approval by
the State Board Of Examiners.
(Added to NRS by 1995, 737; A 2001, 2923 )
