Nevada Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

A felony is a crime punishable by death or by imprisonment in the state prison (NRS 193.120). Felonies are divided into categories A through E (NRS 193.130(2)): Category A — death or imprisonment in the state prison for life with or without the possibility of parole; Category B — minimum term of not less than 1 year and maximum term of not more than 20 years; Category C — 1 to 5 years, and a fine of not more than $10,000 unless a greater fine is authorized; Category D — 1 to 4 years, and a fine of not more than $5,000; Category E — 1 to 4 years and a fine of not more than $5,000, but the court must generally suspend the sentence and grant probation (with up to 1 year in county jail allowed as a condition), subject to exceptions.

Gross misdemeanor — imprisonment in the county jail for not more than 364 days, or a fine of not more than $2,000, or both (NRS 193.140). Misdemeanor — imprisonment in the county jail for not more than 6 months, or a fine of not more than $1,000, or both (NRS 193.150(1)); in each case unless a different penalty is prescribed by statute. A misdemeanor is a crime punishable by a fine of not more than $1,000 or county jail for not more than 6 months; 'Every other crime is a gross misdemeanor' (NRS 193.120).

Theft becomes a felony at $1,200. Value 'less than $1,200' — misdemeanor; '$1,200 or more but less than $5,000' — category D felony; '$5,000 or more but less than $25,000' — category C felony; '$25,000 or more but less than $100,000' — category B felony (1 to 10 years, fine up to $10,000); '$100,000 or more' — category B felony (1 to 20 years, fine up to $15,000). The court must also order restitution. These tiers apply unless a greater penalty is provided by a specific statute or NRS 205.08345 (organized retail theft) applies.

Nevada has a stand-your-ground rule. A person is not required to retreat before using deadly force as provided in NRS 200.120(1) if the person: '(a) Is not the original aggressor; (b) Has a right to be present at the location where deadly force is used; and (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used' (NRS 200.120(2)). Justifiable homicide includes killing in necessary self-defense or defense of a person against one who manifestly intends or endeavors to commit a crime of violence (NRS 200.120(1)). A bare fear is not enough; the circumstances must be sufficient to excite the fears of a reasonable person (NRS 200.130).

Justifiable homicide includes killing in defense of an occupied habitation or an occupied motor vehicle against any person who manifestly intends and endeavors, in a violent, riotous, tumultuous or surreptitious manner, to enter it for the purpose of assaulting or offering personal violence to anyone inside (NRS 200.120(1)). 'There is a rebuttable presumption that the circumstances were sufficient to excite the fears of a reasonable person' if the killer knew or reasonably believed the person killed was unlawfully entering or attempting to enter an occupied habitation or occupied motor vehicle and was committing or attempting a crime of violence, and the killer did not provoke the person (NRS 200.130(2)). Civil: a person lawfully in a residence, transient lodging or motor vehicle who uses force intended or likely to cause death or bodily injury against a person committing burglary, invasion of the home, or grand larceny of a motor vehicle with a deadly weapon is presumed to have had a reasonable fear of imminent death or bodily injury, rebuttable only by clear and convincing evidence; such force is immune from civil liability for personal injury or wrongful death if justified under NRS chapter 200 (NRS 41.095).

No limit: murder (and sexual assault arising from the same facts as a murder) may be prosecuted at any time (NRS 171.080); no limit for sexual assault where the accused is identified through DNA analysis (NRS 171.082) or where a written report is filed with law enforcement during the limitation period (NRS 171.083). Felonies: sexual assault — 20 years; sex trafficking — 6 years; theft, robbery, burglary, forgery, arson and certain fraud offenses — 4 years; all other felonies — 3 years (NRS 171.085). Gross misdemeanors — 2 years; other misdemeanors — 1 year (NRS 171.090). Child sexual abuse or child sex trafficking: before the victim turns 36 (or 43 if the victim did not and reasonably should not have discovered the abuse by 36) (NRS 171.095).

'A person arrested for an offense other than murder of the first degree must be admitted to bail' (NRS 178.484(1)); a person arrested for first-degree murder may be admitted to bail unless the proof is evident or the presumption great (NRS 178.484(4)). The court must hold a pretrial release determination 'within 48 hours after a person has been taken into custody' (NRS 178.4849). Bail or release conditions may be imposed only as 'the least restrictive means necessary to protect the safety of the community', with findings explaining why (NRS 178.4851). In setting bail, the court must consider 'The financial ability of the defendant to give bail,' the nature of the offense, the defendant's character, and the NRS 178.4853 factors (NRS 178.498), which include length of residence in the community, employment history, prior criminal record, and danger to the victim or community. Certain arrests (for example, some domestic battery offenses) may not be admitted to bail sooner than 12 hours after arrest.

A defendant charged with a public offense who is unable to employ counsel makes an oral request to the district judge, justice of the peace, municipal judge or master; the request 'must be accompanied by the defendant's affidavit' stating that the defendant lacks means to employ an attorney and setting out specific facts about the financial disability. The judge or master must forthwith consider the application, may make further inquiry, and if satisfied that the defendant lacks means and that representation is required, appoints counsel. The section sets no numeric income cutoff and no fee to the defendant.

'Statutory sexual seduction' means sexual intercourse, anal intercourse or sexual penetration 'committed by a person 18 years of age or older with a person who is 14 or 15 years of age' and who is at least 4 years younger than the perpetrator (NRS 200.364(10)). Penalties: offender 21 or older — category B felony, imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and a fine of not more than $10,000; offender under 21 — gross misdemeanor (category D felony if previously convicted of a sexual offense) (NRS 200.368).

Adult-use cannabis is legal for persons 21 or older. Lawful amounts: 'Two and one-half ounces of usable cannabis' and 'One-fourth of an ounce of concentrated cannabis' (NRS 678D.200(3)). Cultivation of up to 'Six cannabis plants' per person, with not more than 12 plants at a residence, is allowed only if the person is not within 25 miles of an adult-use cannabis retail store (NRS 678D.200, 678D.310(1)). Unlawful cultivation, first violation — misdemeanor with a fine of not more than $600; a fourth or subsequent violation is a category E felony. Consuming cannabis in a public place, a retail store, or a vehicle — misdemeanor with a fine of not more than $600 (NRS 678D.310(3)). Giving cannabis to a person under 21 is a misdemeanor; to a person under 18, a gross misdemeanor.

In Nevada, assault means unlawfully attempting to use physical force against another person, or intentionally placing another person in reasonable apprehension of immediate bodily harm; actual contact is charged as battery. A basic assault is a misdemeanor (up to 6 months in county jail, a $1,000 fine, or both). Assault with a deadly weapon, or with the present ability to use one, is a category B felony punishable by 1 to 6 years in state prison, a fine up to $5,000, or both. Assault on certain protected victims (listed in NRS 200.471(2)(c), such as officers and other public workers) is a gross misdemeanor, and assault by a prisoner, probationer or parolee on certain officials is a category D felony.

Nevada has a separate battery crime: any willful and unlawful use of force or violence upon another person. Battery without a deadly weapon and without substantial bodily harm is a misdemeanor (up to 6 months and $1,000). Battery that causes substantial bodily harm or is committed by strangulation is a category C felony (1 to 5 years). Battery with a deadly weapon is a category B felony punishable by 2 to 10 years and a fine up to $10,000, or 2 to 15 years if it causes substantial bodily harm or is committed by strangulation. Battery on certain protected victims such as officers carries higher grades (NRS 200.481(2)(c)-(d)).

Battery against a family or household member or dating partner is charged as battery which constitutes domestic violence (as defined in NRS 33.018). A first offense within 7 years is a misdemeanor with 2 days to 6 months in jail, 48 to 120 hours of community service and a $200 to $1,000 fine; a second offense within 7 years is a misdemeanor with 20 days to 6 months, 100 to 200 hours of community service and a $500 to $1,000 fine; and a third offense within 7 years is a category B felony punishable by 1 to 6 years in prison and a $1,000 to $5,000 fine. Domestic battery by strangulation is a category C felony (1 to 5 years), domestic battery causing substantial bodily harm is a category B felony (1 to 6 years), and a person with a prior felony domestic battery conviction faces a category B felony with 2 to 15 years. Offenders must attend certified batterer-treatment counseling (at least 6 months for a first offense), are told they may not possess firearms, and cannot get probation for a felony domestic battery.

Nevada has no separate shoplifting crime; taking goods from a store is charged as theft or petit larceny. Stealing property worth less than $1,200 is petit larceny, a misdemeanor (up to 6 months in jail, a $1,000 fine, or both), and the court must order restitution; the theft grading statute has no rule making low-value theft a felony because of prior convictions. Under the civil shoplifting statute, an adult who steals merchandise from or damages property on a merchant's premises owes the retail value of the merchandise (or fair market value of other property) plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney's fees, even without a criminal conviction.

Burglary is unlawfully entering or remaining in a place intending to commit larceny, assault or battery, or any felony, and its grade depends on the place: burglary of a motor vehicle is a category E felony for a first offense (category D for a repeat); burglary of a structure other than a dwelling or business is a category D felony; burglary of a business is a category C felony (1 to 5 years); and residential burglary is a category B felony punishable by 1 to 10 years. Any burglary in which the person has or gains a firearm or deadly weapon is a category B felony with 2 to 15 years and a fine up to $10,000. Robbery is unlawfully taking personal property from another person or in their presence, against their will, by force, violence or fear of injury to them, their family or anyone with them; it is a category B felony punishable by 2 to 15 years in state prison.

Damaging another's property (called injury to property) is graded by the value of the loss under NRS 193.155: less than $25 is punishable by a fine of not more than $500; $25 to under $250 is a misdemeanor; $250 to under $5,000 is a gross misdemeanor (up to 364 days); and $5,000 or more, or damage that impairs public communication, transportation or police and fire protection, is a category C felony (1 to 5 years). Graffiti or defacing property without permission is a separate crime: a misdemeanor if the loss is under $250, a gross misdemeanor from $250 to under $5,000, a category E felony at $5,000 or more (with at least 10 days in jail if probation is granted), and a category D felony on a protected historic or cultural site. Graffiti offenders also pay an extra $400 to $1,000 fine and do 100 hours of community service on a first offense, rising on repeat offenses.

Trespass is going onto another's land or into a building to vex or annoy the owner or occupant or to commit an unlawful act, or willfully going onto or staying on land or in a building after being warned against trespassing within the previous 36 months. A sufficient warning can be fluorescent orange paint marks, a fence, 'no trespassing' signs posted at required intervals, cultivated cropland, or a direct demand by the owner or occupant to leave. Trespass is a misdemeanor (up to 6 months in jail, a $1,000 fine, or both); the statute uses the same grade for land and buildings.

Possessing less than 14 grams of a Schedule I or II controlled substance (such as heroin, cocaine, methamphetamine or fentanyl) for personal use is a category E felony for a first or second offense, and the court must defer judgment if the person consents. A third or later offense (two or more prior drug convictions) is a category D felony (1 to 4 years) with a possible fine up to $20,000. A person with no prior drug convictions may also have proceedings suspended and be placed on probation conditioned on completing an education or treatment program, with the charge dismissed on success. Using or possessing drug paraphernalia with intent to use it with a controlled substance is a misdemeanor.

A driver in a crash that injures or kills someone must stop, stay at the scene, give name, address and vehicle registration, show a license on request, and give reasonable help to the injured. Leaving the scene of an injury or fatal crash is a category B felony punishable by 2 to 20 years in state prison and a fine of $2,000 to $5,000, and the sentence may not be suspended and probation may not be granted. Failing to stop after a crash that damages only an attended vehicle or property, or failing to give information, is a misdemeanor.

Reckless driving is driving a vehicle in willful or wanton disregard of the safety of persons or property (unauthorized speed contests and trick-driving displays are also covered). It is a misdemeanor: a first offense carries a fine of $250 to $1,000, or that fine plus up to 6 months in jail; a second offense $1,000 to $1,500; and a third or later offense $1,500 to $2,000, each with up to 6 months possible. Speed-contest and similar reckless-driving violations also bring a 6-month to 2-year license suspension and vehicle impoundment. Reckless driving that causes death or substantial bodily harm is a category B felony punishable by 1 to 6 years and a $2,000 to $5,000 fine, with up to 10 years if the driver was going 50 mph or more over the limit or was in a pedestrian safety, school or school crossing zone.

Harassment is knowingly threatening, without lawful authority, to cause future bodily injury, property damage, confinement, or other substantial harm to someone's physical or mental health or safety, in a way that puts the person in reasonable fear the threat will be carried out; it is a misdemeanor for a first offense and a gross misdemeanor for a second or later offense. Stalking is willfully or maliciously engaging in a course of conduct (two or more acts, in person or by electronic means such as internet sites, social media, email or text) that would make a reasonable person feel terrorized, frightened, intimidated, harassed or fearful and actually does. Stalking is a misdemeanor for a first offense, a gross misdemeanor for a second, and a category C felony (1 to 5 years, fine up to $5,000) for a third or later offense; stalking a victim under 16 by someone 5 or more years older is graded higher. Aggravated stalking (threatening death or substantial bodily harm) is a category B felony with 2 to 15 years, and using electronic means to publish or distribute information in a way that substantially increases the risk of harm to the victim is a category C felony.

Willfully resisting, delaying or obstructing a public officer doing a legal duty is a misdemeanor (up to 6 months and $1,000) when no dangerous weapon is used. It is a category D felony if a dangerous weapon other than a firearm is used or the person tries to take a non-firearm weapon from the officer, and a category C felony if a firearm is used or the person tries to take the officer's firearm. Willfully failing to stop for, or trying to elude, a peace officer in a readily identifiable vehicle signaling with flashing red lamp and siren is a misdemeanor, but becomes a category B felony (1 to 6 years, fine up to $5,000) if the driver damages others' property or drives in a way that endangers others, and a category B felony with 2 to 20 years and a fine up to $50,000 if the flight causes death or bodily harm.

A person admitted to bail or released without bail who fails to appear as ordered, and does not surrender within 30 days after the required date, is guilty of failing to appear (NRS 199.335(1)). If the underlying case involved one or more felonies, it is a category D felony (1 to 4 years in prison and up to a $5,000 fine). If it involved only gross misdemeanors, it is a gross misdemeanor, and if only misdemeanors, a misdemeanor; in either case it becomes a category D felony if the person left Nevada intending to avoid prosecution (NRS 199.335(2)).

When a probationer is arrested for a violation, the court considers the system of graduated sanctions adopted by the Division of Parole and Probation, if applicable (NRS 176A.630(1)). For a violation that is not a 'technical violation' (for example, a new felony or gross misdemeanor, domestic battery, DUI, a violent crime, or absconding), the court may continue or revoke probation, order residential confinement, execute the sentence, or reduce the prison term and execute it. For technical violations, once graduated sanctions are exhausted, the court may continue probation, order residential confinement, or temporarily revoke probation with imprisonment of up to 30 days for the first, 90 days for the second and 180 days for the third temporary revocation, with full revocation for a fourth or later revocation (NRS 176A.630(2)). A probationer held for a technical violation must be brought before the court within 15 calendar days or be released, and gets credit for time served while waiting (NRS 176A.630(3)-(4)). Drinking alcohol, a positive drug or alcohol test, failing a treatment program, failing to keep a job, failing to pay fines or fees, or failing to report a change of address cannot by itself be the only basis for revocation (NRS 176A.630(6)).

Willfully hindering, delaying or obstructing a public officer in official duties, or refusing to give or falsifying information lawfully required by an officer, is a misdemeanor where no other law applies (NRS 197.190). Bribing or using force, threats, intimidation or deception to influence a witness's testimony, cause false testimony, or keep evidence out of an official proceeding is a category C felony (1 to 5 years) and may carry a fine up to $50,000 (NRS 199.240). Using intimidation or threats to stop a victim or witness from reporting a crime, starting a prosecution or causing an arrest is a category D felony (1 to 4 years) (NRS 199.305).

Perjury is, after taking a lawful oath in a judicial proceeding or other matter requiring an oath, willfully making an unqualified statement one does not know to be true, swearing falsely on a material matter, or signing a false affidavit or sworn instrument; subornation is getting someone else to do so. Both are category D felonies, punishable by 1 to 4 years in prison and a fine up to $5,000 (NRS 199.120). A false statement in a declaration made under penalty of perjury is also a category D felony (NRS 199.145).

Being drunk in public is not a crime in Nevada. 'The use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not' public offenses, may not be treated as such in any county, city or town ordinance, and are not elements of an offense carrying a criminal penalty or civil sanction. Exceptions include offenses where a specific statute makes intoxication an element, such as DUI and boating-under-the-influence offenses, and intoxication is not an excuse for any criminal act.

Nevada's general disorderly-conduct offense is breach of peace: maliciously and willfully disturbing the peace or quiet of any neighborhood, person or family by loud or unusual noises, tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting. It is a misdemeanor, punishable by up to 6 months in county jail, a fine up to $1,000, or both.

Making 'any open and indecent or obscene exposure' of one's own or another's body is a gross misdemeanor for a first offense (up to 364 days in jail and/or a $2,000 fine). It is a category D felony (1 to 4 years) for any subsequent offense, if the person has a prior conviction for a sexual offense, or if an adult commits it in the presence of a child under 18 or a vulnerable person; breastfeeding is not indecent exposure (NRS 201.220). Open or gross lewdness is graded the same way (NRS 201.210). Both indecent exposure and open or gross lewdness are listed as a 'sexual offense' in the sex-offender registration definitions (NRS 179D.097(1)(k)-(l)).

Prostitution is legal in Nevada only in a licensed house of prostitution. A prostitute who engages in or solicits prostitution outside a licensed house commits a misdemeanor, may be offered diversion, and the charge must be dismissed if the prosecutor believes the person is a sex-trafficking victim (NRS 201.353). A customer who does so commits a misdemeanor with a fine of at least $400 for a first offense, a gross misdemeanor with a fine of at least $800 for a second and at least $1,300 for a third or later offense, plus a civil penalty of at least $200; soliciting a child (or an officer posing as one) is a category D felony for a first offense, rising to a category B felony (1 to 6 years) for a third (NRS 201.354). Brothels may not be licensed in a county whose population is 700,000 or more (NRS 244.345(8)), and no house of prostitution may be kept within 400 yards of a school or church (NRS 201.380).

Casino gambling is legal in Nevada when licensed: it is unlawful to operate any gambling game, slot machine, race book, sports pool or interactive gaming system without all required federal, state, county and municipal gaming licenses (NRS 463.160), and willfully doing so is a category B felony punishable by 1 to 10 years in prison, a fine up to $50,000, or both (NRS 463.360(3)). Accepting a wager from someone physically in Nevada by phone, internet or other communication is a gross misdemeanor (NRS 465.092), except wagers accepted within the state by licensed race books and sports pools and other licensed operators (NRS 465.094). Nevada has no state lottery: the constitution states that 'no lottery may be authorized by this State,' except charitable or nonprofit raffles or drawings authorized by the Legislature (Nev. Const. art. 4, § 24).

Embezzlement is a separate crime in Nevada: a bailee who converts entrusted money or property to his or her own use with intent to steal or defraud, or an agent, manager, clerk or other person entrusted with money or property who uses it for another purpose, 'is guilty of embezzlement' and is punished as for theft of property of the same kind and value (NRS 205.300(1)). Separate misdemeanor-level embezzlements against the same person within 6 months are combined if together they reach the felony level (NRS 205.300(2)). Under the theft value tiers, less than $1,200 is a misdemeanor, $1,200 to under $5,000 a category D felony, $5,000 to under $25,000 a category C felony, and $25,000 or more a category B felony (NRS 205.0835).

Knowingly obtaining someone's personal identifying information and using it to harm or impersonate the person or for any unlawful purpose, such as obtaining credit, goods or services in the person's name, is a category B felony punishable by 1 to 20 years in prison and a fine up to $100,000; using it to avoid prosecution is a category C felony. The minimum rises to 3 years if the victim is an older or vulnerable person, five or more victims are involved, or the loss is $3,000 or more (NRS 205.463). Fraudulent use of someone else's credit or debit card, or of a forged, expired or revoked card, is a category D felony; misuse of one's own revoked card or overdrawn account is a category D felony at $100 or more in 6 months and a misdemeanor below $100 (NRS 205.760).

Forgery is falsely making, altering or counterfeiting a deed, check, contract, will, public record or many other listed documents or signatures with intent to damage or defraud, or knowingly passing such a document as genuine; it is a category D felony (1 to 4 years, fine up to $5,000), and the court must order restitution (NRS 205.090, 205.110). Writing a bad check with intent to defraud is a misdemeanor, but a category D felony if the check or checks passed within 90 days total $1,200 or more, or if the person has three prior bad-check convictions (NRS 205.130).

Nevada's extortion crime is called threats: threatening to accuse someone of a crime, injure a person or property, publish a libel, expose a deformity or disgrace, or expose any secret, in order to extort money or property, force someone to sign or destroy a legal document, influence a public officer, or get someone to do something illegal, whether or not it succeeds. It is a category B felony punishable by 1 to 10 years in prison, a fine up to $10,000, or both, and the court must order restitution.

First-degree murder is murder by poison, lying in wait or torture, any other willful, deliberate and premeditated killing, or a killing during certain felonies such as sexual assault, kidnapping, robbery or burglary (plus other listed situations such as killing to avoid arrest or as terrorism); all other murder is second degree. First-degree murder is a category A felony punished by death (only if aggravating circumstances outweigh mitigating ones), life without parole, life with parole eligibility after 20 years, or a definite 50 years with parole eligibility after 20. Second-degree murder is a category A felony punished by life with parole eligibility after 10 years, or a definite 25 years with parole eligibility after 10.

Voluntary manslaughter is a category B felony with 1 to 10 years in prison and a fine up to $10,000. Involuntary manslaughter is a category D felony (1 to 4 years and a fine up to $5,000). Vehicular manslaughter (causing a death through simple negligence while driving) is a misdemeanor (up to six months and $1,000). Causing a death while driving under the influence is a category B felony with 2 to 25 years (5 to 25 with one or two prior DUI offenses) and a $2,000 to $5,000 fine, with no probation; causing substantial bodily harm carries 2 to 20 years.

Willfully causing a child to suffer abuse, neglect or endangerment is a category B felony: 1 to 6 years for a first offense without substantial bodily or mental harm (2 to 15 for a repeat), 2 to 20 years with substantial harm, and life with parole eligibility after 15 years if a child under 14 suffers substantial harm from sexual abuse or exploitation. A caretaker who permits such abuse faces the same penalties when there is substantial harm, but without substantial harm it is a gross misdemeanor (up to 364 days and $2,000) for a first offense and a category C felony for a repeat. Contributing to the neglect, need of supervision or delinquency of a child under 18 is a misdemeanor.

First-degree arson is willfully and maliciously burning a dwelling, other structure or mobile home (occupied or vacant) or occupied personal property, a category B felony with 2 to 15 years and a fine up to $15,000. Second-degree arson is burning an abandoned building or structure, a category B felony with 1 to 10 years and up to $10,000. Third-degree arson is burning another's unoccupied personal property worth $25 or more, one's own property in which another has an interest, or timber, crops, grass or brush not one's own, a category D felony (1 to 4 years). Fourth-degree arson is an attempt to commit any of these, a category D felony with a fine up to $5,000.

Animal cruelty (torturing, overdriving, injuring, depriving an animal of sustenance, and similar acts) is a misdemeanor for a first offense within seven years (2 days to 6 months in jail, 48 to 120 hours of community service and a $200 to $1,000 fine) and for a second (10 days to 6 months, 100 to 200 hours and $500 to $1,000); a third or later offense is a category C felony (1 to 5 years). Willfully and maliciously torturing, maiming, mutilating or killing a dog, cat or other companion animal is a category D felony, or a category B felony (1 to 6 years and up to $10,000) if the animal dies or the act was meant to threaten or terrorize a person. The court must order restitution and may order the animal surrendered; under NRS 574.2035 a court may also bar a person found unfit from owning or possessing animals.

Yes. Unlawful dissemination of an intimate image is electronically sharing or selling an intimate image of a person who was at least 18 when it was made, did not consent and had a reasonable expectation of privacy, or distributing a realistic computer-generated sexual image of the person without consent, with intent to harass, harm or terrorize. It is a category D felony (1 to 4 years and a fine up to $5,000), with no sex offender registration; it does not apply to persons under 18. Demanding payment to remove such an image is also a category D felony (NRS 200.785).

A minor who knowingly sends or distributes an image of a minor being bullied, to encourage the bullying and cause harm, is treated as a child in need of supervision for a first violation and as having committed a delinquent act (detention as if a misdemeanor) for a repeat. Knowingly threatening by oral, written or electronic communication (including cyber-bullying) to cause bodily harm or death to a pupil or school employee, to intimidate, cause panic or disrupt a school, is a misdemeanor, or a gross misdemeanor (up to 364 days and $2,000) if it actually causes fear, panic or disruption. Stalking by electronic means (internet, social media, email or text) is a misdemeanor for a first offense, rising to a category C felony for a third, with higher penalties when the victim is under 16 and the offender at least five years older.

Nevada has a minor-specific sexting law. A minor who knowingly sends a sexual image of himself or herself commits no crime on a first violation but is treated as a child in need of supervision, and a repeat is a delinquent act; sending a sexual image of another minor (who is older, the same age, or no more than four years younger) is a delinquent act. Knowingly possessing such an image is treated as a child in need of supervision, with an affirmative defense for a minor who did not seek it and promptly deleted it or reported it to police or a school official. A minor handled under this law is not treated as a sex offender and does not register.

Knowingly conducting a financial transaction with, or transporting, the proceeds of unlawful activity (racketeering or any felony) to further unlawful activity, conceal the proceeds, or evade a reporting requirement; conducting a transaction involving $5,000 or more known to come from unlawful activity; or structuring a transaction to evade reporting, is a category C felony (1 to 5 years and a fine up to $10,000). Each transaction or property worth $5,000 or more is a separate offense; there are no other amount tiers.

Sex trafficking of an adult is a category B felony with 3 to 10 years and a fine up to $10,000. Sex trafficking of a child is a category A felony with life imprisonment and parole eligibility after 15 years if the child was under 14 (fine up to $20,000), after 10 years if 14 or 15, and after 5 years if 16 or 17 (fine up to $10,000), with no probation. Trafficking in persons for financial gain is a category B felony with 1 to 10 years, trafficking for illegal purposes 1 to 20 years, and involuntary servitude 5 to 20 years (7 to 20 with substantial bodily harm), each with a fine up to $50,000.

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent signalized intersections pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic-control devices allow it. A violation is not a misdemeanor; it is punishable only by a civil penalty of up to $100. Walking along a highway where a sidewalk is provided, or on the traveled part of a highway while intoxicated, remains a misdemeanor.

It is a misdemeanor for anyone, driver or passenger, to have an open container of an alcoholic beverage in the passenger area of a motor vehicle on a highway, and for a driver to drink alcohol while driving. The rule does not apply in the passenger area of a vehicle used to carry passengers for hire (such as a limousine, taxi or bus) or in the living quarters of a motor home or house trailer. The penalty is that of a misdemeanor (up to six months and $1,000), with possible extra penalties in work or pedestrian safety zones.

A person under 21 who buys alcohol, drinks it where it is sold, or possesses it in public commits a misdemeanor; the penalty is any combination of up to 24 hours of community service, a victim-impact meeting and an alcohol evaluation, and the records are sealed once the terms are completed. Exceptions include possession for religious purposes, with a parent, spouse or guardian 21 or older, or under a prescription, and there is immunity for seeking emergency medical help. Falsely claiming to be 21 to obtain liquor (including with a fake ID) is a misdemeanor with the same penalty options.

Driving while one's license is cancelled, revoked or suspended is a misdemeanor, and the DMV extends the suspension by a like period (or revocation by one year). If the license was taken for DUI, DUI homicide or a related offense, the penalty is 30 days to 6 months in jail (or 60 days to 6 months of residential confinement) and a $500 to $1,000 fine, with no probation, no suspended sentence and limits on plea bargaining.

A person may not drive on a Nevada highway without a valid license for the class of vehicle, unless exempt. Driving without a valid license is a misdemeanor, and the court must require the person to get a valid license or produce a DMV notice of disqualification. A licensed driver must carry the license while driving and surrender it on demand, but cannot be convicted of failing to carry it if a license valid at the time is later produced in court.

Carrying a machete concealed is a gross misdemeanor for a first offense and a category D felony for a repeat, and carrying any other concealed dangerous or deadly weapon without a permit is a category C felony; the sheriff may issue permits for non-firearm weapons. Possessing a dirk, dagger or switchblade knife (a spring or snap blade of 2 inches or more that opens automatically) on the property or in a vehicle of a school, university or child care facility is a gross misdemeanor unless authorized. The concealed-weapon section reviewed does not name switchblades, dirks or daggers specifically.

Nevada has no statewide consumer fireworks sales law; each board of county commissioners may by ordinance prohibit, restrict or regulate the sale, use, storage and possession of fireworks, with criminal penalties, civil penalties, or both. County civil penalties are set by weight: $250 to $1,000 for under 100 pounds, $1,000 to $5,000 for 100 to 5,000 pounds, and $5,000 to $10,000 for over 5,000 pounds, and the statute makes an exception for unemancipated children under 18. Outside incorporated cities and towns, setting off fireworks without a written permit from the State Forester Firewarden is a misdemeanor.

First-degree kidnapping (seizing, confining or carrying away a person for ransom, sexual assault, robbery, to kill or cause substantial bodily harm, or taking a minor from lawful custody) is a category A felony: with substantial bodily harm, life without parole, life with parole after 15 years, or a definite 40 years with parole after 15; without it, life with parole after 5 years or a definite 15 years with parole after 5. Second-degree kidnapping (seizing someone to secretly imprison them in Nevada, take them out of state, or hold them in service against their will) is a category B felony with 2 to 15 years and a fine up to $15,000. False imprisonment (unlawfully confining or detaining someone) is a gross misdemeanor (up to 364 days and/or $2,000) and the offender must pay the victim's damages; it is a category B felony (1 to 6 years) with a deadly weapon, and 1 to 15 years if the victim is used as a shield or to avoid arrest.

Threatening to cause someone bodily injury in the future, to damage their property, to confine or restrain them, or to substantially harm their physical or mental health or safety, when the words or conduct put the person in reasonable fear the threat will be carried out, is called harassment. A first offense is a misdemeanor (up to 6 months and/or $1,000), and a second or later offense is a gross misdemeanor (up to 364 days and/or $2,000), unless the stalking statute's felony provisions apply.

Stealing a car (called grand larceny of a motor vehicle) is a category C felony for a first offense (1 to 5 years and a fine up to $10,000); a second or later offense within 5 years is a category B felony with 1 to 6 years and a fine up to $5,000. The court must order restitution. Taking or driving away someone else's vehicle without consent but without intending to keep it permanently (joyriding, called unlawful taking of a vehicle) is a gross misdemeanor.

Buying, receiving, possessing or withholding stolen property, knowing it was stolen or when a reasonable person would have known, is graded by value: under $1,200 is a misdemeanor; $1,200 to under $5,000 a category D felony (1 to 4 years); $5,000 to under $25,000 a category C felony (1 to 5 years); $25,000 to under $100,000, or any firearm, a category B felony with 1 to 10 years and up to $10,000; and $100,000 or more a category B felony with 1 to 20 years and up to $15,000. Restitution is mandatory, and the person can be prosecuted whether or not the thief was.

Organized retail theft is a series of thefts of retail merchandise from one or more merchants in Nevada (in stores or online) intending to return the goods for value or to resell, trade or barter them. Knowingly taking part in or furthering it is a category B felony: 1 to 10 years and a fine up to $10,000 when the combined value is at least $3,500 but less than $10,000, and 2 to 15 years and a fine up to $20,000 at $10,000 or more. The values of all thefts by all participants within a 120-day period are added together; restitution is mandatory, the case can be brought where any participant's theft occurred, and the Attorney General may prosecute.

Selling, transporting, giving away or otherwise distributing a Schedule I or II controlled substance is a category C felony for a first offense (1 to 5 years), a category B felony with 2 to 10 years and up to $20,000 for a second, and 3 to 15 years for a third or later; Schedule III-V drugs start as a category D felony. Possessing a Schedule I or II drug for sale is a category D felony for a first offense, rising with priors. Trafficking (Schedule I or II drugs other than marijuana, plus flunitrazepam and GHB) is 'low-level trafficking' for 100 grams to less than 400 grams, a category B felony with 2 to 20 years and up to $100,000; and 'high-level trafficking' for 400 grams or more, a category A felony with life with parole after 10 years or a definite 25 years with parole after 10, and up to $500,000.

Knowingly or intentionally obtaining a controlled substance or a prescription by fraud, forgery or misrepresentation, forging or altering a prescription, making false statements to a pharmacist, or possessing pre-signed blank prescription forms is a category C felony, punishable by 1 to 5 years in prison and a fine up to $10,000.

Driving under the influence and causing substantial bodily harm to another person is a category B felony punished by 2 to 20 years in prison and a fine of $2,000 to $5,000; if the crash causes a death, the term is 2 to 25 years (5 to 25 with one or two prior DUI offenses). The sentence cannot be suspended and probation cannot be granted. Reckless driving (willful or wanton disregard of safety) that causes death or substantial bodily harm is a separate category B felony with 1 to 6 years (1 to 10 in certain cases) and a $2,000 to $5,000 fine.

Organizing or driving in an unauthorized speed contest on a highway is a misdemeanor. A first offense carries a $250 to $1,000 fine and 50 to 99 hours of community service, a second $1,000 to $1,500 and 100 to 199 hours, and a third or later $1,500 to $2,000 and 200 hours, with up to 6 months in jail possible each time. The court must suspend the driver's license for 6 months to 2 years, may impound the vehicle for 15 days on a first offense, and must impound it for 30 days on a later offense. If the conduct causes death or substantial bodily harm, it is a category B felony.

Operating a motorboat or sailing vessel under way while under the influence of alcohol, or with a blood or breath alcohol concentration of 0.08 or more (or with set levels of certain drugs), is a misdemeanor (up to 6 months and/or $1,000). If it causes death, it is a category B felony with 2 to 25 years (5 to 25 with one or two prior offenses) and a $2,000 to $5,000 fine; substantial bodily harm carries 2 to 20 years and the same fine, with no suspended sentence or probation. A later violation by someone previously convicted of the felony offense is a category B felony with 2 to 15 years.

Insurance fraud means knowingly and willfully presenting false or misleading material information in an insurance application or claim (or hiding material facts), helping or conspiring with someone to do so, knowingly accepting benefits from such an act, or hiring people to recruit clients for it. It is a category D felony, punishable by 1 to 4 years in prison and a fine up to $5,000, regardless of amount. The court may also order the person to pay the costs of investigation and prosecution, and an insurer is treated as a victim for restitution.

Knowingly making a false statement or hiding a material fact to get or increase unemployment benefits is unemployment insurance fraud; obtaining $1,200 or more is punished as theft (a felony at that level). The person must repay the benefits with interest and penalties (including a mandatory 15% penalty) and is disqualified for up to 52 weeks or until repaid, whichever is longer. Medicaid fraud by false claims or statements with intent to defraud is a category D felony at $650 or more (a misdemeanor below $650), amounts in one scheme may be added together, and restitution is mandatory.

Offering or giving a bribe to a public officer to influence an official act, and a public officer or employee asking for or accepting a bribe, are category C felonies, punishable by 1 to 5 years in prison and a fine up to $10,000. A public officer convicted of any felony forfeits the office and is barred from ever again holding public office in Nevada.

Sexual assault (sexual penetration against the victim's will, or when the offender knows or should know the victim cannot resist or understand the conduct) is a category A felony. Without substantial bodily harm, the sentence is life with the possibility of parole after 10 years; if substantial bodily harm results, it is life without parole or life with parole eligibility after 15 years. Age-based offenses such as statutory sexual seduction are covered on the age-of-consent page.

Sexual assault of a child under 16 is a category A felony: life with parole eligibility after 25 years, after 35 years if the child is under 14, and life without parole if substantial bodily harm results or the offender has a prior sexual offense against a child. Lewdness with a child (a lewd act by an adult with a child under 16, or by a minor with a child under 14) is a category A felony with life imprisonment and parole eligibility after 10 years if the child is under 14, and a category B felony of 1 to 10 years if the child is 14 or 15; either may add a fine of up to $10,000, and a repeat offender gets life without parole.

Nevada calls this 'child sexual abuse material,' including AI-generated images indistinguishable from a minor. Knowingly possessing it is a category B felony (1 to 6 years and up to $5,000) for a first offense and a category A felony (life with parole after at least 1 year) for a repeat, and each image or child is a separate offense; using the Internet to control it with intent to view it is a category C felony. Preparing, advertising or distributing it is a category B felony (1 to 15 years or a fine up to $15,000), and a category A felony (10 years to life) for a repeat. Using a minor to produce it, or promoting a performance by a minor, is a category A felony with life imprisonment and parole eligibility after 5 years (10 years if the minor is under 14) and a fine of up to $100,000.

Luring a child (contacting a child under 16 who is at least 5 years younger to solicit or lure the child into sexual conduct, or to take the child away without a parent's consent) through a computer, system or network with the intent to engage in sexual conduct is a category B felony punishable by 1 to 10 years in prison and a fine of up to $10,000. Sending or requesting harmful material through a computer is a category C felony, and other computer luring is a gross misdemeanor. Luring with intent to engage in sexual conduct without using a computer is a category B felony of 2 to 15 years.

Sex offenders and offenders convicted of a crime against a child must register with local police, before release from prison or within 3 business days of sentencing if not imprisoned, and within 48 hours of moving into or being present in a county; name, address, job and school changes must be reported in person within 3 business days. Registration lasts 15 years for Tier I, 25 years for Tier II and life for Tier III, and registrants appear in person at least yearly (Tier I), every 180 days (Tier II) or every 90 days (Tier III). A Tier I registrant with 10 clean years and completed treatment may petition to cut 5 years, and a Tier III registrant whose offense was a juvenile adjudication may petition after 25 years. Failing to register or update is a category D felony (1 to 4 years); a second violation within 7 years is a category C felony (1 to 5 years) with no probation.

A person convicted of a felony in Nevada or any other state may not own or possess a firearm unless the person has received a pardon that does not restrict the right to bear arms. The ban also covers people convicted of domestic violence battery, people subject to certain protection orders, fugitives and unlawful drug users. A violation is a category B felony punishable by 1 to 6 years in prison and a fine of up to $5,000.

Knowingly, willfully and without authorization accessing, changing, damaging or destroying data or programs, or introducing a computer contaminant (such as a virus, worm or Trojan horse), is a misdemeanor; interfering with or denying access to a computer or network, or unauthorized use of a computer system or information service, is a gross misdemeanor. Either becomes a category C felony (1 to 5 years and a fine of up to $100,000, plus restitution) if done to defraud or obtain property, if it causes response costs, loss or damage over $500, or if it interrupts a public service.

Nevada's rules differ by type of conversation. For in-person private conversations it is one-party: secretly recording is illegal unless one of the people in the conversation authorizes it. For phone calls (wire communications) the statute allows interception only with the prior consent of one party and an emergency in which a court order cannot practically be obtained (subject to later court ratification), so a call cannot lawfully be recorded on one party's consent alone. Willfully intercepting wire or oral communications in violation of these rules is a category D felony (1 to 4 years and up to $5,000).

Deliberately making a false report to a police officer, sheriff, district attorney or similar official that a crime was committed, causing an agency to investigate, is a misdemeanor (up to 6 months and $1,000). Knowingly calling 911 or a non-emergency line to report an emergency when none exists is a gross misdemeanor (up to 364 days), and a category E felony (1 to 4 years) if the caller meant to trigger an emergency response and the response results in someone's death or serious injury; the caller must then repay the government's costs.

Yes. When a person willfully commits one of the listed crimes because of another person's actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation, or gender identity or expression, the court may add a consecutive prison term of 1 to 20 years, which may not exceed the sentence for the underlying crime. The characteristic must be proved beyond a reasonable doubt to be the primary cause of the crime, and an incidental remark alone is not enough.

A parole officer may arrest a parolee on a Board order or on probable cause, and an inquiry on probable cause must be held within 15 working days of arrest (a new conviction itself establishes probable cause). For technical violations, the Division must first use graduated sanctions such as up to 10 days in jail at a time (30 days total) or electronic monitoring. If those are exhausted, the State Board of Parole Commissioners, which must consider the case within 60 days of the parolee's return to custody, may continue parole, temporarily revoke it for up to 90 days (first) or 180 days (second), or fully revoke it on a third revocation. For non-technical violations, revocation forfeits good-time credits and the Board sets how much of the remaining sentence is served.

Intentionally violating a temporary order for protection against domestic violence is a misdemeanor (up to 6 months and $1,000). Violating an extended order is a misdemeanor for a first violation, a gross misdemeanor (up to 364 days) with one prior violation, and a category D felony (1 to 4 years) with two or more prior violations; each act can be charged separately. Buying a firearm while subject to an extended order, or violating its firearm surrender terms, is a category B felony (1 to 6 years and up to $5,000).

Nevada uses automatic exclusion and judicial certification. Murder or attempted murder by a person 16 or older, certain felonies causing death or serious harm on school property with intent to endanger more than one person, and any offense by a child previously convicted as an adult are excluded from juvenile court and go straight to adult court. Otherwise, on the district attorney's motion and after a full investigation, the juvenile court may certify a child 14 or older charged with a felony, or 13 or older charged with murder or attempted murder, for adult prosecution. After certification the child can return to juvenile court only on a showing of exceptional circumstances.

Nevada has the death penalty in law. First-degree murder (willful, deliberate and premeditated killing, killing by poison, lying in wait or torture, and certain killings during listed felonies, to avoid arrest, at schools or in terrorism) is a category A felony; death may be imposed only if one or more statutory aggravating circumstances are found and the mitigating circumstances do not outweigh them. Otherwise the sentence is life without parole, life with parole eligibility after 20 years, or a definite 50-year term with parole eligibility after 20 years. Aggravating circumstances include killing a peace officer or firefighter on duty, killing during a robbery, burglary, home invasion, kidnapping or arson, murder for hire, torture, and a victim under 14. The statute says 'The judgment of death must be inflicted by an injection of a lethal drug.'

In Nevada, a person convicted of a felony loses the right to vote only while in prison. The right to vote is restored immediately when the person is released from prison, or immediately when placed on probation, granted parole or pardoned. No application or waiting period is required; the person receives an official document stating the restoration, and can get a court order if the document is lost.

Nevada restores most civil rights automatically on a schedule. On release from prison (or on probation, parole or pardon) the right to vote and to serve on a civil jury return immediately; the right to hold office returns 4 years after release or discharge from parole; and the right to serve on a criminal jury returns 6 years after. The person receives an official document listing the restoration dates, and no fee may be charged for a court order replacing a lost document. Firearm rights are not restored by these sections; a full, unconditional pardon from the Board of Pardons Commissioners restores all civil rights, 'including, without limitation, the right to bear arms,' and a conditional pardon must list any rights that remain limited.

Nevada has three habitual-offender laws. Under the general habitual criminal law, a person convicted of any felony who has five prior felony convictions is punished for a category B felony (5 to 20 years), and one with seven prior felony convictions is punished for a category A felony (life without parole, life with parole eligibility after 10 years, or a definite 25-year term with parole eligibility after 10 years); certain simple drug possession convictions cannot be counted, the prosecutor decides whether to charge it, and the judge may dismiss the count. Under the 'habitual felon' law, a person convicted of a listed violent or serious felony (such as murder, sexual assault or robbery) after two prior listed felonies must be charged and gets the same category A sentence. A person convicted a third time of a fraud felony against an older or vulnerable person is a 'habitually fraudulent felon' facing 5 to 20 years.

Nevada treats chemically converted delta-8 and similar products as synthetic cannabinoids. Since June 4, 2021 (S.B. 49), Nevada's definition of THC covers all isomers, including delta-8 and delta-10, and it has been illegal to produce, distribute or sell a synthetic cannabinoid without approval from the Cannabis Compliance Board. A 'synthetic cannabinoid' is one produced artificially, or not obtained directly from a cannabis plant without a chemical reagent (THC made by approved decarboxylation of THCA is excluded). The Board's consumer page explains that delta-8 THC 'is produced by combining CBD with an acidic catalyst and heated.' Hemp growers and producers are separately barred from producing or selling any synthetic cannabinoid. Since 2025, sellers of hemp products who do not hold a cannabis license must post signs saying the location is not licensed to sell cannabis and may not claim a hemp product produces an intoxicating effect.

Psilocybin and psilocin are Schedule I controlled substances in Nevada (listed by Board of Pharmacy regulation). Possessing less than 14 grams of a Schedule I or II substance is a category E felony for a first or second offense, and the court must defer judgment if the person consents; a third offense, or a person with two prior drug convictions, is a category D felony with a fine of up to $20,000. Possession of 14 to under 28 grams is a category C felony, 28 to under 42 grams a category B felony (1 to 10 years, up to $50,000), and 42 to under 100 grams a category B felony (2 to 15 years, up to $50,000).

Kratom is legal in Nevada but regulated. A person may not knowingly sell a kratom product to anyone under 18, may not sell a kratom product adulterated with a substance that makes it injurious to consumers, and may not sell it without a label listing ingredients and directions for safe use. A 'kratom product' covers products with Mitragyna speciosa leaf containing mitragynine or 7-hydroxymitragynine, or synthetic material containing those alkaloids. Violations carry a civil penalty of up to $1,000 each; the section sets no criminal penalty. A retailer who relied in good faith on the manufacturer's or distributor's representations has a defense to the adulteration rule.

Nevada regulates hemp-derived CBD products mainly through signage and marketing rules. A person without a cannabis license who sells a hemp product meant for human consumption (any product containing hemp or claiming to contain cannabidiol) must post a sign at each entrance reading 'THIS LOCATION IS NOT LICENSED TO SELL CANNABIS' and a sign at the register reading 'ALL HEMP PRODUCTS CONTAIN LESS THAN THE LEGAL LIMIT OF THC,' and may not falsely claim to be a cannabis store or that the product is cannabis or intoxicating; violations are deceptive trade practices. Hemp itself is defined in NRS 557.160 and excludes finished products made from hemp. The Cannabis Compliance Board may adopt rules for sales of hemp and CBD products by licensed cannabis establishments. No CBD-specific age limit appeared in the sections read.

Nevada sets 21 as the minimum age for buying tobacco, vapor and alternative nicotine products. Retailers must post a notice that selling these products to anyone under 21 is prohibited by law (fine up to $100 for not posting), and knowingly selling cigarettes to someone under 21 over the internet, phone or other electronic network carries a civil penalty of up to $1,000 per violation plus possible license action. Cigarette vending machines may be placed only where people under 21 may not loiter.

Nevada protects 'older persons' (60 or older) and 'vulnerable persons' (18 or older with a physical or mental incapacity or limitations on daily activities). Abuse or neglect is, for a first offense, a category C felony or a gross misdemeanor as the court decides, and a category B felony (2 to 6 years) for a repeat; if it causes substantial bodily or mental harm or death, it is a category B felony with 2 to 20 years. Exploitation (misusing trust, a power of attorney or guardianship to take money or property) under $650 is a category C felony or gross misdemeanor; $650 to under $5,000 is a category B felony (2 to 10 years and/or up to $10,000); $5,000 or more, or any repeat offense, is a category B felony (2 to 20 years and/or up to $25,000). Isolation or abandonment is a category C felony or gross misdemeanor, then a category B felony (2 to 10 years and up to $5,000).

Nevada's peeping law makes it a crime to go onto another person's property to secretly peer, peep or spy through a window or other opening of a dwelling: a misdemeanor, a gross misdemeanor if the person has a camera or recording device, and a category B felony (1 to 6 years and/or up to $5,000) if the person has a deadly weapon. Capturing an image of another person's private area without consent where the person has a reasonable expectation of privacy, or distributing such an image, is a gross misdemeanor for a first offense and a category E felony for a second or later offense.

Nevada raises the grade of assault and battery against officers and other listed workers on duty, including health care providers, school employees, transit operators, taxicab drivers, utility workers, hospitality employees and sports officials. Assault (threat or attempt) is normally a misdemeanor; against a listed person it is a gross misdemeanor, or a category B felony (1 to 6 years and/or up to $5,000) with a deadly weapon. Battery (unlawful force) is normally a misdemeanor; against a listed person it is a gross misdemeanor, or a category B felony (2 to 10 years and/or up to $10,000) if it causes substantial bodily harm or is committed by strangulation.