Nevada Laws re “Theft of Lost Property” – NRS § 205.0832(d)

Nevada Revised Statute § 205.0832(d) makes it a crime to steal lost property. Instead, you should make all “reasonable efforts” to find the owner before keeping the property for yourself.

In Nevada, theft of lost property valued at less than $1,200 is a misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000, plus restitution. Otherwise, violating NRS 205.0832(d) is a felony carrying a prison sentence.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding theft of lost property:

• 1. Elements of NRS 205.0832(d)
• 2. Finding the Owner
• 3. Bait Purse Stings
• 4. Penalties
• 5. Defenses
• 6. Statute of Limitations
• 7. Record Seals
• Frequently-Asked-Questions
• Additional Reading

1. Elements of NRS 205.0832(d)

For you to be convicted of theft of lost property in Nevada, prosecutors have the burden to prove beyond a reasonable doubt the following three elements:

1. You took possession of lost, mislaid, or misdelivered property belonging to someone else, and
2. You appropriated that property for your use or for another person, and
3. You did not take reasonable efforts to notify the true owner.¹

Example: Cindy has a house party attended by her entire graduating class. Afterwards, she finds a pair of cheap sunglasses that one of the guests left by mistake. Cindy honestly has no idea whom the glasses belong to, but she figures “finders keepers, losers weepers” and keeps them for herself.

Meanwhile, the owner of the sunglasses reports them missing to the police. If the police discover Cindy kept the sunglasses without trying to return them to the rightful owner, they could arrest her for theft of lost property.

In the above example, it does not matter that Cindy found the sunglasses in her own home, that she honestly does not know who they belonged to, or that the sunglasses were inexpensive. She was obligated to make reasonable efforts to find the owner, such as sending a mass email to her class.

Note that if Cindy never found the sunglasses because they were left under a couch or in some other inconspicuous area, then Cindy should not be liable for theft. This is because she never knowingly came into control of the sunglasses.

2. Finding the Owner

As discussed above, you may not keep lost property in Nevada unless you make “reasonable efforts” to reunite the property with the owner.²

Some lost property may contain no information about the owner, such as a sweater or phone with a passcode. In Nevada, “reasonable efforts” to find the owner of such lost property might include:

• Submitting a post on Craig’s List “Lost and Found” or LostAndFound.com,
• Turning the property over to the local “lost & found,” if there is one,
• Putting up flyers in the area where the item was found, and/or
• Posting about it on social media such as Facebook or X.

Some lost property may contain explicit information about the owner, such as a wallet with an ID. In this case, it would be “reasonable” to try to track down the owner over the internet, social media, telephone, or mail.

Note that if the lost property includes drugs, contraband, or other unlawful items, you should avoid taking possession of them and instead contact law enforcement. If the lost property is a pet, consider calling the local Animal Protection Services for guidance.

3. Bait Purse Stings

Las Vegas Metropolitan Police routinely plants valuable objects in public places in an effort to arrest thieves. This is called a “bait purse sting.”³

Example: Darrel is walking through Jerry’s Nugget when he sees a lady’s handbag on the floor. He furtively sneaks up on the purse, looks around to see if anyone is watching him, and quickly hides it in his jacket before slinking off. An undercover officer who was observing Darrel then arrests him for theft of lost property.

In the above example, Darrel’s actions of staking out the purse, sneaking up to it, and hiding it in his jacket suggest that he meant to keep the purse for himself. The fact the police observed this behavior and probably recorded on surveillance video would serve as further evidence against him.

Had Darrel openly taken and carried the purse away, we could argue that Darrel was just being a good Samaritan and was in the process of bringing the purse to a security officer or a lost and found.

Learn more in our article about bait purse theft.

4. Penalties

The punishment for stealing lost property in Nevada increases with the value of the items taken, as shown in the following table.

Value of Stolen Property	Punishment for Theft in Nevada
Less than $1,200	Misdemeanor:  Up to 6 months in jail and/or $1,000 in fines.
$1,200 to less than $5,000	Category D felony:  1 to 4 years in Nevada State Prison and up to $5,000.
$5,000 to less than $25,000	Category C felony:  1 to 5 years in prison and up to $10,000.
$25,000 to less than $100,000	Category B felony:  1 to 10 years in prison and up to $10,000.
$100,000 or more	Category B felony:  1 to 20 years in prison and up to $15,000.

In addition to fines and/or incarceration, the judge can also order you to make restitution payments to the owner of the lost property.⁴

Note that the above penalties also apply to the separate Nevada crime of possession of stolen property (NRS 205.275). This occurs when you take control of property that you know is stolen as opposed to lost.

5. Defenses

Here at Las Vegas Defense Group, we have represented thousands of individuals charged with theft, including those accused of stealing lost property. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these cases reduced or dismissed.

1. You Never Found the Owner. If you take all reasonable measures to track down the owner of lost property, you should not be convicted of keeping the property if the owner never turns up. Be sure to keep detailed records of all your efforts to contact the owner.
2. You Intended to Return the Property. Temporarily taking someone else’s lost property is not criminal in Nevada as long as you make reasonable efforts to return it to the rightful owner as soon as possible. Indeed, it may be necessary to temporarily take possession of lost property in order to safeguard it while looking for the owner.
3. You Were Unaware You Had the Property. Perhaps someone left the property in your home or car without your knowledge, and you never found it. As long as you did not know about the property’s existence, you should not be convicted of stealing it.

6. Statute of Limitations

If the lost property in an NRS 205.0832(d) case is valued at less than $1,200, Nevada prosecutors may charge you within one year from the time you allegedly took the lost property. Otherwise, the D.A. can charge you within four years from the time you allegedly took the lost property.⁵

Once the statute of limitations has passed, prosecutors cannot charge you.

7. Record Seals

Misdemeanor convictions of theft of lost property can be sealed from your Nevada criminal record one year after the case ends. Felony convictions must remain on your record for five years before you can petition for a record seal.

If your charge is dismissed, you can pursue a record seal immediately. Note, though, that the record seal process takes several months to complete.⁶

Frequently-Asked-Questions

What are my obligations if I find lost property in Nevada?

You must make reasonable efforts to find and return the property to its rightful owner before keeping it. This can include posting on social media, submitting to lost and found, putting up flyers, or contacting the owner directly if their information is available.

What are the penalties for keeping lost property without trying to find the owner?

Penalties in Nevada depend on the property’s value, ranging from a misdemeanor (up to 6 months in jail and a $1,000 fine) for items valued at less than $1,200, to a category B felony (up to 20 years in prison and a $15,000 fine) for items worth $100,000 or more. Restitution is also required.

How long does Nevada have to press charges for theft of lost property?

For lost property valued under $1,200, charges must be filed within 1 year. For property valued at $1,200 or more, charges must be filed within 4 years from when the property was taken.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Larceny by Mistake. A Comedy of Errors – Modern Law Review.
• Criminal Law: Distinction between Larceny and Embezzlement – California Law Review.
• Criminal Law—Larceny—Criminal Intent – Buffalo Law Review article about the state of mind necessary for a theft conviction.
• The Value of the Subject Matter of Larceny – Dickinson Law Review.
• Larceny – What Is Crime Of – Instructions – Crim. L. Mag. & Rep.

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Legal References