Larceny from the Person – Nevada Law – NRS § 205.270

Nevada Revised Statutes § 205.270 makes it a category C felony to commit larceny from the person, which is intentionally taking property directly from another person without consent under circumstances that do not amount to robbery.

Unlike robbery, the offense ordinarily does not involve force, violence, threats, or fear used to take or retain the property. The informal name for larceny from the person is pickpocketing.

Examples

• Secretly swiping a wallet from a victim’s pocket
• Quietly snatching a purse the victim has on her shoulder
• Furtively slipping a bracelet off the victim’s wrist

Penalties

• Prison:  1 to 5 years,
• Probation:  Only if the victim had no infirmity caused by age or another physical condition,
• Possible fines:  Up to $10,000, and
• Restitution:  The value of what was taken.

In our experience, larceny from the person cases often turn on small factual details, such as whether the victim was holding or wearing the property, whether any force was used, and whether surveillance video clearly identifies the accused. These details can determine whether the proper charge is larceny from the person, ordinary larceny, robbery, or no crime at all.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding larceny from the person in Nevada law:

• 1. Elements of NRS 205.270
• 2. Penalties
• 3. Defenses
• 4. Record Seals
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 205.270

For you to be convicted of larceny from the person (“pickpocketing”) in Nevada, prosecutors have to prove beyond a reasonable doubt the following four elements of the crime:

1. You took property from someone’s person, and
2. You intended to steal that property, and
3. The other person gave no consent, and
4. The circumstances do not amount to robbery, which means you did not use force, violence, or fear of injury.

The property must be on or attached to the victim, or carried or held in the victim’s actual physical possession. In the 2025 case Young v. State, the Nevada Supreme Court reversed one larceny from the person conviction because the defendant took a wallet from a purse sitting on a chair next to the victim, not on or attached to her person.

Pickpocketing typically occurs without the victim being aware they are being stolen from. Victims usually do not realize what happened until later when they find their money or property is missing.¹

2. Penalties

Larceny from the person is a category C felony carrying one to five years in Nevada State Prison and up to $10,000 in fines at the court’s discretion.

Judges can grant probation and a suspended sentence in lieu of prison unless the victim was suffering from an infirmity related to age or another physical condition. The court can also order that you pay restitution to the victim.

If you are initially charged with robbery in Nevada, the prosecutor may offer a plea bargain where you plead guilty to larceny from the person. This is a decent plea deal to accept because robbery carries two to 15 years in prison, which is harsher than the one to five-year sentence for larceny from the person.

Similarly, if you are initially charged with larceny from the person, the D.A. may agree to reduce it down to petit larceny, also called petty theft or petty larceny. Petit larceny is a misdemeanor carrying up to six months in jail and/or a fine of up to $1,000.²

3. Defenses

Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have represented literally thousands of people charged with theft crimes, including larceny from the person. The best defense always turns on the specific facts of each case.

In our experience, the following nine defenses have proven very effective with prosecutors, judges, and juries in getting NRS 205.270 charges reduced or dismissed.

1. You owned the property that you took.
2. You did not take any property from anyone.
3. You had the person’s consent to take the property.
4. You had no intent to steal or appropriate the person’s property or cash for your own use.
5. You genuinely took the property by mistake.
6. You were falsely accused by the alleged victim or someone else.
7. You were misidentified, such as during a lineup at the police department.
8. You were entrapped by police officers.
9. Law enforcement found the allegedly stolen property through an unlawful search or seizure, which means we can ask the judge to suppress (disregard) it as evidence – the D.A. may then be forced to drop the whole case for lack of proof.³

Common evidence in property crime cases includes eyewitness testimony, video surveillance footage, and the alleged stolen property itself.

4. Record Seals

Nevada convictions for larceny from the person can be sealed from your criminal record five years after the case has ended.

If the charge is reduced to petit larceny, the record seal waiting period is only one year after the case ends.

If the charge is dismissed, you can petition for a record seal immediately.⁴

Frequently Asked Questions

Can I be charged if I took a “bait purse” or wallet left by police?

Yes. Las Vegas police often conduct “bait purse sting” stings in which they leave a purse or wallet in a public spot to catch thieves. However, because the purse is usually left unattended rather than on an officer’s body, it may instead constitute petit or grand larceny, depending principally on the value and type of property taken.

We typically see these cases occur in or around casinos, malls, or other locations where there are plenty of surveillance cameras trained on the bait purse. If you believe you found a lost item, it is better to leave it be and tell the closest authority.

What is the difference between larceny from the person and robbery?

Larceny from the person occurs when someone intentionally takes property directly from another person without consent, but the circumstances do not amount to robbery. Robbery involves force, violence, or fear used to obtain or retain the property, prevent or overcome resistance, or facilitate escape.

Our rule of thumb is that merely taking an item without the victim noticing is generally larceny from the person; pushing the victim, threatening the victim, or struggling to keep the property may support a robbery charge.

Does the value of the stolen item determine the punishment?

No. Unlike standard theft or grand larceny charges which rely on price tiers, larceny from the person is a category C felony regardless of the item’s value. Whether you steal a $10 wallet or a $5,000 watch directly from someone’s person, you face the same potential sentence of one to five years in Nevada State Prison.

Many clients are surprised to find themselves facing felony penalties for pickpocketing low-value property. Fortunately, it may be possible to plea bargain the charges down and to get probation rather than prison.

Can I get probation for larceny from the person?

Generally, yes, probation is available for this offense. However, NRS 205.270 forbids probation if the victim had an infirmity caused by age or a physical condition. In those specific cases, the court is required to impose prison time.

In our experience, probation is far more common in larceny from the person cases than in robbery cases precisely because larceny from the person is not violent, and the victim often does not realize what happened until later.

Can I be convicted if the property actually belonged to me?

Generally, larceny requires taking property belonging to another person. Evidence that you owned the property may therefore defeat the charge. However, jointly owned property can be more complicated because another owner may have a superior right to possess it, and other theft or property offenses may apply.

From what we have seen, ownership disputes often arise between relatives, romantic partners, roommates, and business associates. We look for receipts, account records, text messages, registration documents, and other evidence showing who owned the property and who had the right to possess it.

Is accidentally taking someone’s property larceny from the person?

No. NRS 205.270 requires an intent to steal or appropriate the property for your own use. Accidentally picking up the wrong phone, bag, or wallet is not larceny if you honestly believed the item was yours and did not intend to steal it.

In our experience, promptly trying to identify the owner or return the property can support a mistake defense. However, keeping, hiding, selling, or using the property after discovering the mistake may allow prosecutors to argue that you later formed an intent to steal.

What evidence can help disprove a larceny from the person charge?

Relevant evidence may include surveillance video, eyewitness testimony, receipts, ownership records, text messages, location data, and the allegedly stolen property itself. This evidence may show that no taking occurred, the defendant was misidentified, the owner consented, or the defendant lacked an intent to steal.

We find that surveillance footage is especially important in casino, retail, and public-transportation cases. Because recordings may be erased or overwritten quickly, we try to identify and preserve potentially helpful video as early as possible.

Does consent prevent a larceny from the person conviction?

Yes. Lack of consent is an element of NRS 205.270. If the owner authorized you to take, borrow, hold, or use the property, the prosecution cannot prove larceny from the person based on that authorized conduct.

Consent is usually disputed in these cases. Text messages, witness statements, prior dealings, and evidence showing how the parties normally shared or exchanged property can become important.

Can illegally obtained evidence be excluded from a larceny case?

Possibly. Evidence obtained through an unconstitutional search or seizure may be excluded if the defense files and wins a motion to suppress. Suppression does not automatically dismiss the charge, but the prosecution may have to reduce or dismiss the case if too little admissible evidence remains.

In our experience, the key questions include where police found the property, whether they had a warrant, whether an exception to the warrant requirement applied, and whether any purported consent to search was voluntary.

Additional Reading

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

• Extracting the pickpocketing information implied in the built environment by treating it as the anomalies – Cities.
• Detecting Pickpocketing Gangs on Buses with Smart Card Data – Intelligent Transportation Systems Magazine.
• Force in Robbery – The Journal of Criminal Law.
• Robbery Re-assessed – Criminal Law Journal.

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Legal References