Nevada’s Definition of Larceny from the Person

What Does Larceny Mean?

According to NRS 205.270, a person commits larceny from the person when he or she - under circumstances that do not amount to robbery – with the intent to steal, takes someone else’s property without that person’s consent and that property is valued at $650 or more. If the property is valued at less than $650, then they would not be charged with grand larceny and would instead only be charged with misdemeanor theft.

Punishment if the Value of the Stolen Property Is Greater than $650 but Less than $3,500

If the value of the property is over $650 but less than $3,500, then the person would be charged with a category C felony, which carries a potential sentence of 1 to 5 years in the Nevada Department of Corrections and a fine of up to $10,000 (NRS 205.270.1(a)). This is a probationable offense.

Punishment if the Value of the Stolen Property Is Greater than $3500

If the value of the property is over $3,500, then the person would be charged with a category B felony, which carries a potential sentence of 1 to 10 years in the Nevada Department of Corrections and a fine of up to $10,000 (NRS 205.270.1(b)). This is also a probationable offense.

No Probation if Victim Has Any Infirmity Caused by Age or Other Physical Condition

Pursuant to NRS 205.270.3, a Court cannot give a person probation if the person that the property was taken from has any infirmity caused by age or other physical condition.

Defenses to Larceny in Nevada

The Defendant owns the Property

If the defendant takes property from someone else but that property belongs to the defendant, then he/she cannot be convicted of larceny. Even if a defendant steals property he/she co-owns with another person, the defendant cannot be convicted.

The Defendant Did Not Have Intent to Steal

If the defendant takes another person’s property by mistake, he/she cannot be convicted of larceny. There needs to be intent to steal to obtain a conviction.

The Defendant Did Not Steal Anything

If the defendant did not take anything, then he/she cannot be convicted of larceny. The defendant’s attorney could prove innocence by admitting evidence, such as video recordings or eyewitness accounts.

The Defendant Had the Alleged Victim’s Consent

If the alleged victim gave the defendant their consent to use or possess the property, then the defendant cannot be convicted of larceny.

The Police Perform an Illegal Search

Law enforcement officials are required to follow certain rules when searching a vehicle, home, or person. If an officer fails to establish probable cause or obtain a warrant when collecting evidence, the defendant’s Fourth Amendment right protects him/her from unlawful searches and seizures. Any evidence gather during an illegal search can be suppressed in trial, which can lead to the entire case getting dismissed.