Petit Larceny and Shoplifting in Nevada (NRS 205.240)

October 11, 2026
joshua

Petit larceny is the charge in most shoplifting cases in Las Vegas and Henderson. Under NRS 205.240, it is the intentional theft of property worth less than $1,200, and it is a misdemeanor. For many people it is their first contact with the criminal justice system – often a visitor, a student, or someone who made a single bad decision.

Even though it is a misdemeanor, a theft conviction carries more weight than its penalty suggests, because employers and immigration authorities treat theft as a crime of dishonesty. The good news is that first-offense petit larceny cases very often resolve without a conviction.

Petit Larceny in Nevada at a Glance

StatuteNRS 205.240
ClassificationMisdemeanor (value under $1,200)
Possible sentenceUp to 6 months in jail and/or a $1,000 fine, plus restitution
Common outcome for a first offenseDismissal or reduction after a theft-awareness class, community service and a stay-out-of-trouble period
Record sealing1 year after the case closes; immediately after a dismissal

What the State Must Prove Under NRS 205.240

To convict you of petit larceny, the State must prove beyond a reasonable doubt that you:

  1. Intentionally stole, took and carried away, led away or drove away;
  2. Personal goods or property owned by another person (or similar property, such as items from a rental or lodging, or domesticated animals);
  3. With a value of less than $1,200.

In a store, the “carrying away” element is usually satisfied once a person moves merchandise with the intent to take it without paying, and the State often relies on concealment as evidence of that intent. Passing the last point of sale is common evidence, but not strictly required.

If the State believes the person entered the store already planning to steal, it may file a burglary charge as well – a felony. And effective January 1, 2026, intentionally damaging a retail store’s property during a theft is a category C felony if the combined value of the theft and damage is $750 or more.

Penalties for Petit Larceny in Nevada

Petit larceny is punished as a misdemeanor under NRS 193.150, and the court must order restitution.

CircumstanceClassificationPossible sentence
Petit larceny (under $1,200)MisdemeanorUp to 6 months in jail and/or up to $1,000; restitution
Theft with intentional retail property damage, $750 or more combined (on or after Jan. 1, 2026)Category C felony1 to 5 years; up to $10,000
Grand larceny ($1,200 or more)Category D felony or higher1 to 4 years and up, depending on value

Jail is uncommon for a first offense without aggravating facts. Typical conditions include a theft-awareness or impulse-control class, community service, a fine, and staying away from the store. Repeat offenses are treated more seriously and can lead to jail time.

Separately from the criminal case, Nevada allows merchants to seek civil damages for shoplifting, which is why many people receive a “civil demand” letter from a retailer or its law firm. Paying a civil demand does not resolve the criminal case, and not paying it does not create a criminal problem on its own.

Common Defenses to Petit Larceny Charges

Every case turns on its own facts, but these are the issues we look at first when reviewing a charge like this one.

No intent to steal

Forgetting an item in a cart, being distracted by children, a self-checkout scanning error or confusion over a coupon are not theft. Store video showing the person’s behavior throughout the visit is often the best evidence of intent.

Loss prevention errors

Loss prevention officers make mistakes, lose sight of a suspect, or rely on assumptions about concealment. The State must call a witness who actually saw what happened or present video that shows it.

Value and ownership

Prices on store tags are not always accurate, and returned items or items already paid for are sometimes counted. Value matters especially if the State is pursuing a felony.

Negotiated outcomes

Even where the evidence is strong, a first-offense case is often a strong candidate for a dismissal after conditions or a reduction to a non-theft offense such as trespass, which carries less stigma.

Record Sealing, Immigration and Other Consequences

Record sealing

A petit larceny conviction can be sealed 1 year after the sentence ends under NRS 179.245. A dismissed case can be sealed right away under NRS 179.255, and Nevada law presumes eligible records should be sealed.

Immigration

Theft is generally considered a crime involving moral turpitude. A single petit larceny may fall within the immigration “petty offense” exception, but the analysis depends on the person’s full history, so non-citizens should get advice before pleading.

Employment

Background checks for retail, gaming, banking, health care and security jobs flag theft convictions in particular, which is why avoiding a conviction – not just jail – is usually the goal.

How Petit Larceny Cases Move Through Clark County Courts

Misdemeanor cases in Clark County are handled in the court that covers the place of arrest: Las Vegas Justice Court for unincorporated areas such as the Strip, or the municipal court for the city involved (Las Vegas, Henderson or North Las Vegas). There is no preliminary hearing. After arraignment, the case usually goes through one or more pretrial settings where the defense reviews the evidence and negotiates with the prosecutor, and if it does not resolve, it is set for a bench trial in front of the judge.

Frequently Asked Questions About Petit Larceny in Nevada

Is shoplifting a felony in Nevada?

Usually not. Shoplifting property worth less than $1,200 is petit larceny, a misdemeanor. It becomes a felony if the value is $1,200 or more, if the State charges burglary, or – as of 2026 – if the theft involved intentional damage to the store and a combined value of $750 or more.

Will I go to jail for petit larceny in Las Vegas?

Jail is unusual for a first offense. Most first-time cases resolve with a class, community service and a fine, and many end in a dismissal or reduction.

Do I have to pay the store’s civil demand letter?

That is a civil matter separate from the criminal case. It is worth discussing with a lawyer before paying, because paying does not dismiss the criminal charge.

Can tourists resolve a petit larceny case without returning to Las Vegas?

Often, yes. A lawyer can appear on your behalf in many misdemeanor cases and arrange for classes and community service to be completed in your home state.

Talk to a Henderson Criminal Defense Lawyer About Your Petit Larceny Case

Joshua U. AlDabbagh has been licensed in Nevada since 2010 and began his career defending people accused of crimes in Clark County. If you or a family member has been arrested or charged under NRS 205.240, the decisions made in the first days of the case matter: what is said to police, whether evidence is preserved, and how bail and release conditions are handled. Call Southern Nevada Law Firm, PLLC at 702-589-4771 or send a message online to schedule a consultation. Our office is at 2831 St. Rose Parkway, Suite 292, in Henderson, and we handle cases throughout Las Vegas, Henderson, North Las Vegas and the rest of Clark County. Learn more about our criminal defense practice.

Statutes Cited

This article is general information about Nevada law as of October 2026, not legal advice for any specific situation. Statutes and court decisions change, and the outcome of any case depends on its facts. Reading this page or contacting the firm does not create an attorney-client relationship. Attorney advertising.

Categories