In Nevada, shoplifting (formally called larceny) is defined as intentionally stealing items from a retail establishment. Taking less than $1,200 worth of items is misdemeanor petty larceny. Taking $1,200 or more is prosecuted as the more serious crime of felony grand larceny.
Penalties
Petty larceny is a misdemeanor in Nevada. It carries a maximum of six months in jail and $1,000 in fines plus restitution. However, judges rarely impose jail for a first-time offense.
Grand larceny is a felony. It carries a maximum of 20 years in Nevada State Prison and $15,000 in fines plus restitution. Though it may be possible to get the charge reduced or dismissed.
Defenses
Four of the most common defenses to fight shoplifting charges include:
- You had no intent to steal;
- No stealing occurred;
- You were misidentified; or
- The police found the items through an illegal search
In this article, our Las Vegas criminal defense attorneys discuss the following key issues regarding Nevada shoplifting laws:
- 1. Elements
- 2. Penalties
- 3. Defenses
- 4. Immigration Consequences
- 5. Record Seals
- 6. Shoplifting vs. Burglary
- Additional Resources
1. Elements
The legal definition of shoplifting is when someone “intentionally steals, takes or carries away” store property.1
Shoplifting typically occurs when you slip a piece of store merchandise in your pocket, bag, or under your arm, and you then try to leave the premises unnoticed.
If store employees catch you, they can lawfully detain you for a reasonable period of time until the police show up. This is called the shopkeeper’s privilege (NRS 597.850).2
2. Penalties
The sentence for shoplifting depends on the value of the goods stolen:
| Value of stolen property | Shoplifting punishment in Nevada |
| Less than $1,200 | Misdemeanor:
For first-time offenses, some judges agree to dismiss the case. You would just need to pay a fine, restitution, and attend petty larceny school. This is an online class.3 |
| $1,200 to less than $5,000 | category D felony
|
| $5,000 to less than $25,000 | category C felony
|
| $25,000 to less than $100,000 | category B felony
|
| $100,000 or more | category B felony
|
Note that it is a category C felony to intentionally cause property damage to a retail establishment during a theft when the property damage and/or value of the stolen goods amounts to $750 or more. The penalty is:
- 1 – 5 years in prison, and
- restitution payments, and
- $10,000 fine (at the judge’s discretion).4
3. Defenses
Any of the following four arguments could be sufficient to get a shoplifting charge dismissed in Nevada:
- You did not intend to steal. Sometimes store patrons get distracted and innocently leave the premises after forgetting to pay. Or maybe another person planted the stolen merchandise on you without your knowledge. As long as you did not intend to steal, no crime occurred.
- No shoplifting happened. Perhaps the shopkeeper agreed to let you pay at a later time. Or maybe you did pay, and the shopkeeper’s records are wrong. In these cases, such evidence as receipts, promissory notes, eyewitness testimony, and video footage may help demonstrate that nothing was wrongfully taken.
- Mistaken identity. Perhaps in the heat of the moment, the store owner attributed the theft to the wrong person. If the defense attorney can raise a reasonable doubt about the suspect’s identity, then the charges should be dropped.
- The police conducted an illegal search. Law enforcement requires probable cause in order to search. If the allegedly stolen merchandise was found through an unlawful search, then the judge may disregard it as evidence. That may leave the D.A. with too weak a case to continue prosecuting.
4. Immigration Consequences
Petty larceny is usually not deportable. Though grand larceny is.5
Therefore, non-citizens facing grand larceny charges should seek legal counsel right away. Getting the charge dismissed or reduced to a non-deportable offense may be the only way to stay in the U.S.
5. Record Seals
Shoplifting convictions are sealable after a predetermined time period. If the case gets dismissed, there is no waiting period at all to petition for a seal:
| Nevada shoplifting conviction | Waiting period to get a record seal |
| Petty larceny | 1 year after the case ends |
| Grand larceny | 5 years after the case ends5 |
| Dismissal (no conviction) | Right away7 |
The record seal process itself takes several weeks or months. Employers are far more likely to hire you if you have no larceny cases on your background checks.
Learn how to get a Nevada criminal record seal.
6. Shoplifting vs. Burglary
Retail theft is a separate offense from burglary (NRS 205.060). Burglary is the act of entering a building or vehicle with the intent to commit any of the following crimes inside:
- Larceny (including shoplifting);
- Assault (NRS 200.471);
- Battery (NRS 200.481);
- Any felony; or
- Obtaining money or property by false pretenses (NRS 205.380)
Therefore, you could face burglary charges even if you never commit a crime while inside the vehicle or structure. All that matters is your intent while going inside.
Burglary is always a felony.8
Additional Resources
For more information about shoplifting laws and related topics, refer to the following:
- National Association for Shoplifting Prevention – Provides information on the causes of shoplifting, statistics, and prevention.
- Loss Prevention Magazine – Information on retail loss prevention and shoplifting deterrence.
- What the Panic Over Shoplifting Reveals About American Crime Policy – Article about how legislators are tackling shoplifting problems, by the Marshall Project
- Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Weekly self-help group.
See our related article, What is the sentence for grand theft if Nevada?
Legal References
- NRS 205.240; NRS 205.220. Stephans v. State (2011) 262 P.3d 727.
- NRS 597.850. Lerner Shops v. Marin (1967) 423 P.2d 398.
- NRS 205.240.
- NRS 205.222. AB 4 (2025).
- 8 USC 1227.
- NRS 179.245.
- NRS 179.255.
- NRS 205.060; see Sheriff, Clark County v. Stevens (Nev. 1981) 630 P.2d 256.
