2005 Nevada Revised Statutes - Chapter 206 — Malicious Mischief

CHAPTER 206 - MALICIOUS MISCHIEF

NRS 206.005 Graffitidefined.

NRS 206.010 Destructionor damage of property by unlawful assembly.

NRS 206.015 Destructionor damage of crops, gardens, trees or shrubs.

NRS 206.040 Enteringproperty with intention to damage or destroy property.

NRS 206.125 Damageof property used for religious or educational purposes, for burial ormemorializing dead or as community center; damage of property containedtherein; restitution.

NRS 206.140 Nuisancein building; trespass upon grounds; disturbing assembly.

NRS 206.150 Killing,maiming, disfiguring or poisoning animal of another person; killing estray orlivestock.

NRS 206.160 Leadingor driving horse away without authority.

NRS 206.200 Postingof bills, signs or posters unlawful.

NRS 206.220 Removal,alteration or destruction of monuments or landmarks designating boundaries.

NRS 206.260 Fraudulentand malicious destruction of writings.

NRS 206.270 Defacingproclamations and notices.

NRS 206.280 Tamperingwith papers.

NRS 206.290 Openingor publishing sealed letter or telegram.

NRS 206.300 Falsesignals endangering cars, vessels or motors.

NRS 206.310 Injuryto other property.

NRS 206.320 Unlawfulremoval of petrified wood from posted or designated sites; duties of certainofficers.

NRS 206.330 Placinggraffiti on or otherwise defacing property: Fines and penalties; parent orguardian responsible for fines and penalties if person violating section isunder age of 18 years; suspension of drivers license.

NRS 206.340 GraffitiReward Fund created; administrative assessment to be imposed for certainviolations.

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NRS 206.005 Graffitidefined. As used in this chapter, graffitimeans any unauthorized inscription, word, figure or design that is marked,etched, scratched, drawn, painted on or affixed to the public or privateproperty, real or personal, of another, which defaces the property.

(Added to NRS by 1995, 736)

NRS 206.010 Destructionor damage of property by unlawful assembly. Wheneverany persons unlawfully assembled pull down, damage or destroy any dwellinghouse or other building, or any shop, steamboat, vessel or other property, theyseverally are guilty of a public offense proportionate to the value of theproperty damaged or destroyed.

[1911 C&P 347; RL 6612; NCL 10295](NRS A1967, 512; 1979, 1453)

NRS 206.015 Destructionor damage of crops, gardens, trees or shrubs. Everyperson who willfully and maliciously:

1. Cuts down, destroys or injures, other than byburning, any wood, timber, grain, grass or crop, standing or growing, or whichhas been cut down and is lying upon the lands of another, or of the State;

2. Cuts down, laps, girdles or otherwise injures ordestroys, other than by burning, a fruit, shade or ornamental tree standing onthe land of another, or of the State, or in any road or street; or

3. Cuts down, destroys or in any way injures, otherthan by burning, any shrub, tree, vine or garden produce grown or growingwithin any orchard, garden, vineyard or yard, or any framework or erectiontherein,

is guilty ofa public offense proportionate to the value of the loss resulting therefrom.

(Added to NRS by 1967, 513; A 1979, 329)

NRS 206.040 Enteringproperty with intention to damage or destroy property.Every person who willfully and maliciously enters, without the consentof the owner or occupant, any real property of another under circumstances notamounting to a burglary, with intent to take, injure or destroy any real orpersonal property there situated, is guilty of a misdemeanor.

[Part 1911 C&P 488; RL 6753; NCL 10435](NRS A 1979, 1454)

NRS 206.125 Damageof property used for religious or educational purposes, for burial ormemorializing dead or as community center; damage of property containedtherein; restitution.

1. Unless a greater penalty is provided by law, aperson who knowingly vandalizes, places graffiti on, defaces or otherwisedamages:

(a) Any church, synagogue or other building, structureor place used for religious worship or other religious purpose;

(b) Any cemetery, mortuary or other facility used forthe purpose of burial or memorializing the dead;

(c) Any school, educational facility or community center;

(d) The grounds adjacent to, and owned or rented by,any institution, facility, building, structure or place described in paragraph(a), (b) or (c); or

(e) Any personal property contained in any institution,facility, building, structure or place described in paragraph (a), (b) or (c),

is guilty ofa gross misdemeanor. In addition to any other penalty, the court shall orderthe person to pay restitution for the damage.

2. A person who is paid money for restitution pursuantto subsection 1 shall use the money to repair or restore the property that wasdamaged.

(Added to NRS by 1989, 898; A 1995, 737; 2005, 501)

NRS 206.140 Nuisancein building; trespass upon grounds; disturbing assembly. Every person who:

1. Commits any nuisance in any building, public orprivate;

2. Commits any trespass upon the grounds attachedthereto, or any fixtures placed thereon, or any enclosure or sidewalk about thebuilding; or

3. In any manner interferes with or disturbs thosepeaceably assembled within the building,

shall beguilty of a public offense proportionate to the value of any property damagedor destroyed, but in no event less than a misdemeanor.

[Part 1911 C&P 495; RL 6760; NCL 10442] +[1911 C&P 496; RL 6761; NCL 10443](NRS A 1967, 513; 1979, 1454)

NRS 206.150 Killing,maiming, disfiguring or poisoning animal of another person; killing estray orlivestock.

1. Except as otherwise provided in subsections 2 and3, any person who willfully and maliciously kills, maims or disfigures anyanimal belonging to another, or exposes any poison or noxious substance withintent that it should be taken by the animal is guilty of a category D felonyand shall be punished as provided in NRS193.130, and may be further punished by a fine of not more than $10,000.

2. Except as otherwise provided in NRS 205.220, a person who willfully andmaliciously kills an estray or one or more head of livestock, without theauthority to do so, is guilty of a category C felony and shall be punished asprovided in NRS 193.130.

3. The provisions of subsection 1 do not apply to anyperson who kills a dog pursuant to NRS575.020.

4. As used in this section:

(a) Estray means any livestock running at large uponpublic or private lands in this state, whose owner is unknown in the sectionwhere the animal is found.

(b) Livestock has the meaning ascribed to it in NRS 205.219.

[Part 1911 C&P 488; RL 6753; NCL 10435](NRS A 1961, 402; 1967, 513; 1979, 1395; 1999, 2515; 2001, 2891)

NRS 206.160 Leadingor driving horse away without authority. Everyperson who shall willfully and maliciously:

1. Untie, unfasten or liberate, without authority, thehorse or team of another; or

2. Lead, ride or drive away, without authority, thehorse or team of another from the place where left by the owner or person incharge thereof,

shall beguilty of a misdemeanor.

[Part 1911 C&P 488; RL 6753; NCL 10435](NRS A 1961, 269)

NRS 206.200 Postingof bills, signs or posters unlawful. Any personwho shall willfully, unlawfully or maliciously:

1. Without the consent of the owner, agent or occupantof the premises or property herein mentioned, deface, disfigure or cover up anyfruit tree or ornamental tree, fence, wall, house, shop or building, theproperty of another, by pasting upon, or in any way fastening thereto, anyprinted bill, signboard, show poster or other device whatsoever;

2. Without a written permit from the board of countycommissioners in the county wherein such written permit may be issued, deface,disfigure or cover up by pasting upon, or in any way fastening thereto, anyprinted bill, signboard, show poster or other device whatsoever upon any publicbuilding, monument, gravestone, ornamental tree or other object or property underthe supervision and control of the board of county commissioners of therespective counties in this state, or under the supervision and control of anymunicipal government, or of any association or society whatsoever; or

3. Place upon or affix to any real property, or anyrock, tree, wall, fence or other structure thereupon, without the consent ofthe owner thereof, any word, character or device designed to advertise anyarticle, business, profession, exhibition, matter or event,

shall beguilty of a misdemeanor.

[Part 1911 C&P 489; RL 6754; NCL 10436](NRS A 1967, 514)

NRS 206.220 Removal,alteration or destruction of monuments or landmarks designating boundaries.

1. Except as otherwise provided in subsection 2, everyperson who willfully or maliciously:

(a) Removes any monument of stone, wood or otherdurable material erected, or post or stake fixed or driven in the ground, forthe purpose of designating the corner, or any other point, in the boundary ofthis state or any political subdivision thereof, or any lot or tract of land,or any mining claim or claims;

(b) Alters the marks upon any tree, post or othermonument made for the purpose of designating any point, course or line, in anysuch boundary; or

(c) Cuts down or removes any tree upon which any suchmarks are made for that purpose, with the intent to destroy such marks,

is guilty ofa public offense proportionate to the value of the loss resulting therefrom,but in no event less than a misdemeanor.

2. This section does not apply to a professional landsurveyor who acts in accordance with NRS625.380.

3. As used in this section, the value of the lossresulting therefrom means the cost of restoring or replacing the marks ormonuments which have been removed, altered or destroyed.

[1911 C&P 411; A 1935, 28; 1931 NCL 10363](NRS A 1967, 514; 1979, 1454; 1999, 964)

NRS 206.260 Fraudulentand malicious destruction of writings. Aperson who fraudulently or maliciously tears, burns, effaces, cuts, or in anyother way destroys, with the intent to defraud, prejudice or injure any personor body corporate:

1. Any deed, lease, bond, will, or any other sealedwriting;

2. Any bank bill or note, check, warrant orcertificate for the payment of money or other thing, or other security for thepayment of money or the delivery of goods;

3. Any certificate or other public security of thisstate, the United States, or any state or territory for the payment of money;

4. Any receipt, acquittance, release, defeasance,discharge of any debt, suit or other demand;

5. Any transfer or assurance of money, stock, goods,chattels or other property;

6. Any letter of attorney or other power;

7. Any daybook or other book of account; or

8. Any agreement or contract,

is guilty ofa category D felony and shall be punished as provided in NRS 193.130.

[1911 C&P 406; RL 6671; NCL 10358](NRS A1979, 1454; 1995, 1237)

NRS 206.270 Defacingproclamations and notices.

1. If any person shall intentionally deface,obliterate, tear down or destroy, in whole or in part, any copy or transcript,or extract from or of any law of the United States, or of this state, or anyproclamation, advertisement or notification, set up at any place in this stateby authority of any law of the United States, or of this state, or by order ofany court, such person, on conviction, shall be fined not more than $500.

2. This section shall not extend to defacing, tearingdown, obliterating or destroying any law, proclamation, publication,notification, advertisement or order after the time for which the same was bylaw to remain set up shall have expired.

[1911 C&P 409; RL 6674; NCL 10361](NRS A1967, 515)

NRS 206.280 Tamperingwith papers. Every person who shall willfullyor maliciously and with intent to injure another destroy, alter, erase,obliterate or conceal any letter, telegraph message, book or record of account,or any writing or instrument by which any claim, privilege, right, obligationor authority, or any right or title to property, real or personal, is, orpurports to be, or upon the happening of some future event may be evidenced,created, acknowledged, transferred, increased, diminished, encumbered,defeated, discharged or affected, shall be guilty of a gross misdemeanor.

[1911 C&P 447; RL 6712; NCL 10400]

NRS 206.290 Openingor publishing sealed letter or telegram. Everyperson who shall:

1. Willfully open or read, or cause to be read, anysealed letter, message or telegram, not addressed to himself, without beingauthorized so to do either by the writer of the same or by the person to whomit shall be addressed, is guilty of a gross misdemeanor.

2. Maliciously publish the whole or any part of suchletter, message or telegram, without the authority of the writer thereof or ofthe person to whom the same shall be addressed, knowing the same to have beenso opened, is guilty of a gross misdemeanor.

[1911 C&P 449; RL 6714; NCL 10402](NRS A1967, 515)

NRS 206.300 Falsesignals endangering cars, vessels or motors. Aperson who, in such a manner as might, if not discovered, endanger a vessel,railway engine, motor, train or car, shows, masks, extinguishes, alters orremoves any light or signal, or exhibits any false light or signal, shall bepunished:

1. Where physical injury or property damage resultstherefrom, for a category B felony by imprisonment in the state prison for a minimumterm of not less than 1 year and a maximum term of not more than 10 years, andmay be further punished by a fine of not more than $10,000.

2. Otherwise, for a gross misdemeanor.

[1911 C&P 485; RL 6750; NCL 10432](NRS A1967, 516; 1979, 1455; 1995, 1237)

NRS 206.310 Injuryto other property. Every person who shallwillfully or maliciously destroy or injure any real or personal property ofanother, for the destruction or injury of which no special punishment isotherwise specially prescribed, shall be guilty of a public offenseproportionate to the value of the property affected or the loss resulting fromsuch offense.

[1911 C&P 497; RL 6762; NCL 10444](NRS A1967, 516)

NRS 206.320 Unlawfulremoval of petrified wood from posted or designated sites; duties of certainofficers.

1. The Board of Museums and History may, by itself orby its designated representative, post or otherwise properly designate a sitecontaining petrified wood deemed of sufficient importance to preserve in itsnatural state.

2. It is unlawful to disturb or remove any petrifiedwood from a designated site.

3. Any violation of this section is a misdemeanor.

4. The Division of State Parks of the State Departmentof Conservation and Natural Resources, and personnel thereof, the sheriffs, intheir respective counties, and all other peace officers shall enforce thissection.

(Added to NRS by 1959, 292; A 1960, 94; 1963, 827;1981, 657; 1985, 143)

NRS 206.330 Placinggraffiti on or otherwise defacing property: Fines and penalties; parent orguardian responsible for fines and penalties if person violating section isunder age of 18 years; suspension of drivers license.

1. Unless a greater criminal penalty is provided by aspecific statute, a person who places graffiti on or otherwise defaces thepublic or private property, real or personal, of another, without thepermission of the owner:

(a) Where the value of the loss is less than $250, isguilty of a misdemeanor.

(b) Where the value of the loss is $250 or more butless than $5,000, is guilty of a gross misdemeanor.

(c) Where the value of the loss is $5,000 or more orwhere the damage results in the impairment of public communication,transportation or police and fire protection, is guilty of a category E felonyand shall be punished as provided in NRS193.130.

2. If a person commits more than one offense pursuantto a scheme or continuing course of conduct, the value of all property damagedor destroyed by that person in the commission of those offenses may beaggregated for the purpose of determining the penalty prescribed in subsection1.

3. A person who violates subsection 1 shall, inaddition to any other fine or penalty imposed:

(a) For the first offense, perform not less than 50hours, but not more than 99 hours, of community service.

(b) For the second offense, perform not less than 100hours, but not more than 199 hours, of community service.

(c) For the third and each subsequent offense, performnot less than 200 hours of community service.

Thecommunity service assigned pursuant to this subsection must, if possible, berelated to the abatement of graffiti.

4. The parent or legal guardian of a person under theage of 18 years who violates this section is liable for all fines and penaltiesimposed against the person. If the parent or legal guardian is unable to paythe fine and penalties resulting from a violation of this section because offinancial hardship, the court may require the parent or legal guardian toperform community service.

5. If a person who is 18 years of age or older isfound guilty of violating this section, the court may issue an order suspendingthe drivers license of the person for a period not to exceed 6 months inaddition to any other penalty imposed. If such an order is issued, the courtshall require the person to surrender all drivers licenses then held by theperson. If the person does not possess a drivers license, the court may issuean order prohibiting the person from applying for a drivers license within the6 months immediately following the date of the order. The court shall, within 5days after issuing the order, forward to the Department of Motor Vehicles any licensestogether with a copy of the order.

6. The Department of Motor Vehicles:

(a) Shall not treat a violation of this section in themanner statutorily required for a moving traffic violation.

(b) Shall report the suspension of a drivers licensepursuant to this section to an insurance company or its agent inquiring aboutthe persons driving record. An insurance company shall not use any informationobtained pursuant to this paragraph for purposes related to establishingpremium rates or determining whether to underwrite the insurance.

7. A criminal penalty imposed pursuant to this sectionis in addition to any civil penalty or other remedy available pursuant toanother statute for the same conduct.

8. As used in this section, impairment means thedisruption of ordinary and incidental services, the temporary loss of use orthe removal of the property from service for repair of damage.

(Added to NRS by 1995, 736; A 1997, 37; 2001, 2582; 2003, 1019)

NRS 206.340 GraffitiReward Fund created; administrative assessment to be imposed for certainviolations.

1. The Graffiti Reward Fund is hereby created in theState General Fund.

2. When a defendant pleads or is found guilty ofviolating NRS 206.125 or 206.330, the court shall include anadministrative assessment of $250 for each violation in addition to any otherfine or penalty. The money collected must be paid by the clerk of the court tothe State Controller on or before the fifth day of each month for the precedingmonth for credit to the Graffiti Reward Fund.

3. All money received pursuant to subsection 2 must bedeposited with the State Controller for credit to the Graffiti Reward Fund. Themoney in the Fund must be used to pay a reward to a person who, in response tothe offer of a reward, provides information which results in theidentification, apprehension and conviction of a person who violates NRS 206.125 or 206.330.

4. If sufficient money is available in the GraffitiReward Fund, a state law enforcement agency may offer a reward, not to exceed$1,000, for information leading to the identification, apprehension andconviction of a person who violates NRS206.125 or 206.330. The reward mustbe paid out of the Graffiti Reward Fund upon approval by the State Board OfExaminers.

(Added to NRS by 1995, 737; A 2001, 2923)

 

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