NRS 206.330 prohibits tagging graffiti on public or private property without the owner’s consent in Nevada.

Merely carrying markers or paint is a crime if you intend to vandalize with it. Graffiti charges are often brought against gang members or “tagging crews” in Las Vegas and throughout Nevada.

Graffiti is typically a misdemeanor in Nevada, carrying fines of up to $1,000 plus a $250 assessment fee and possible restitution. You are also ordered to complete 100 to 300 hours of community service and will lose your license for up to two years.

Depending on the severity of the case, graffiti can be a felony. For instance, putting graffiti on historic sites can carry up to four years in prison.

Below our Las Vegas criminal defense attorneys discuss Nevada graffiti laws. Click on a topic to jump to that section.

• 1. Graffiti Crimes
• 2. Defenses
• 3. Penalties
• Additional Reading

1. Graffiti Crimes

Nevada’s definition of “graffiti” is very broad. It includes not just paint from spray cans but also any “unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on, or affixed to” another person’s property. Even chalking a sidewalk is considered graffiti.

NRS 206.330 makes it a crime in Nevada to place graffiti on public property or private property without the owner’s permission. All types of property are off-limits to tagging. This includes:

• lawns,
• houses,
• offices,
• signs,
• cars, and
• personal belongings.

Nevada police may offer rewards of up to $1,000 for information on graffiti perpetrators.

Acts of vandalism that do not involve graffiti are called “public offenses.”¹ Learn more about public offenses in our article on vandalism and malicious mischief.

Carrying Graffiti with Intent to Use

Nevada law makes it a separate crime to carry graffiti in certain locations if you intend to use the graffiti to deface another’s property. These prohibited locations include:

• On or under any overpass or bridge or in any flood channel;
• At any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public which states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or
• In a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization.

This law applies even if you never get around to using the graffiti implements or if no damage is done. Merely having the intent to tag is enough to sustain a conviction.

Also, note that this law applies only if you are physically carrying graffiti materials on your person. Examples include carrying a graffiti can in a backpack or holding it in your hand. Keeping tagging implements in a car trunk is no crime.²

2. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with vandalism, including graffiti. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries.

1. You are the victim of mistaken identification. Tagging often occurs very quickly and at night, making it difficult for spectators to get a clear view of the perpetrator. If we can show that conditions made it impossible for witnesses to give a reliable identification, the prosecution’s case will be weakened.
2. You had the owner’s consent. Making graffiti on another’s property is legal if the property owner consented to it. If we can show that the owner did consent – or that you had every reason to believe that the owner consented – then the prosecution may dismiss the tagging charges.
3. The First Amendment protected you. In some cases, it may be possible to get graffiti charges dropped on constitutional grounds such as free speech. Organizations such as the Graffiti Defense Coalition work to elevate the public perception of street artists and increase awareness about the significance of a community of public self-expression.

3. Penalties

Typical punishments for violating NRS 206.330 include fines, community service, restitution, driver’s license suspension, and possibly jail. The severity of the sentence depends on four factors:

1. The extent of the damage;
2. Whether you have previous graffiti convictions;
3. Whether the graffiti impaired public communication, transportation or police and fire protection; and
4. Whether the property defaced is a “protected” historical site.

Note that committing several acts of graffiti may be prosecuted as just one criminal count if the acts were part of one overall vandalism scheme.

Jail or Prison

The cost of repairing, restoring, or replacing property damaged by graffiti determines the punishment in Nevada. The greater the damage, the greater the sentence, as this table shows:

Amount of Damage	Class of Crime	Length of Incarceration
Less than $250	Misdemeanor	Up to 6 months in jail
$250 to less than $5,000	Gross misdemeanor	Up to 364 days in jail
$5,000 or higher	Category E felony	Probation and at least 10 days in jail. If you have two prior felony convictions, the judge can order 1 to 4 years in Nevada State Prison and up to $5,000 in fines.

Note that if you have two previous graffiti convictions – or one previous felony graffiti conviction – you will instead be prosecuted for a category D felony for any subsequent graffiti charge. This carries one to four years in prison and up to $5,000.³

Fines and Community Service

Nevada graffiti offenses carry mandatory fines and community service sentences. The amount depends on the number of your previous tagging convictions (if any), as this table shows.

Previous Graffiti Convictions	Fine	Community Service
None	$400 to $1,000 plus a $250 administrative assessment fee	100 hours
One	$700 to $1,000 plus a $250 administrative assessment fee	200 hours
Two or more	$1,000 plus a $250 administrative assessment fee	Up to 300 hours for 1 year. The court may also order you to repair, replace, clean up, or keep free of graffiti the property damaged in the case or another specified property.

Community service typically involves washing off graffiti. Nevada courts may also order you to pay restitution to the victim and to attend counseling.

Parents or legal guardians of a minor (under 18) who violates NRS 206.330 are liable for paying the fines.⁴

Impairing Public Utilities

An act of graffiti that impairs the use of public communication, transportation, or police and fire protection is an automatic category E felony. This carries probation and at least 10 days in jail.

However, if you have two or more prior felony convictions, the court may impose one to four years in prison and up to $5,000 in fines.⁵

Putting Graffiti on Nevada Historic Sites

It is a category D felony to put graffiti on any “protected site” in Nevada. Protected sites include any of the following places:

• Any site, landmark, monument, building or structure of historical significance pertaining to the history of the settlement of Nevada;
• Any site, building, structure, object or district listed in the register of historic resources of a community that is recognized as a Certified Local Government pursuant to the Certified Local Government Program jointly administered by the National Park Service and the Office of Historic Preservation of the State Department of Conservation and Natural Resources;
• Any site, building, structure, object or district listed in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places;
• Any site, building, structure, object or district that is more than 50 years old and is located in a municipal or state park;
• Any Indian campgrounds, shelters, petroglyphs, pictographs and burials; or
• Any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.

The punishment for defacing a protected site includes one to four years in prison and a fine of up to $5,000. Note that if you are eligible for probation, you will still have to serve at least 10 days in jail.⁶

Also see our article on vandalizing historic sites (NRS 381.225).

Driver’s License Suspension

If you are an adult (18 or older) convicted of graffiti, you will have your Nevada driver’s licenses suspended for six months to two years. If you do not currently hold a driver’s license, then you will be unable to apply for one for six months to two years.

Note that car insurance companies may not penalize you for having NRS 206.330 convictions.⁷

Extra Prison for Gang Graffiti

Nevada graffiti cases frequently involve alleged gang members. This is because marking territory through graffiti can be a central component of gang culture.

If you are convicted of felony graffiti as part of a gang activity, the judge may as much as double your prison sentence.⁸ So if you are sentenced to one year in prison for tagging, then the judge can order only an additional one in prison for the gang affiliation.

Learn more about criminal gang enhancements.

Juveniles and Graffiti Crimes

Minors (under 18) who are adjudicated delinquent of graffiti face:

• community service,
• fines,
• restitution payments, and
• probation.

Their driver’s licenses will also be suspended for one to two years. If they do not have driver’s licenses, they may not receive one for another one to two years.⁹

Learn more about the criminal defense of juveniles.

Civil Penalties

Graffiti suspects also face civil suits from the owners of the damaged property. The court may award the following money damages:

• Up to three times the loss in value to the property; and
• Up to three times the cost of restoring the property.

You may also be ordered to pay attorney’s fees and costs. Parents or legal guardians of child defendants are liable to pay these damages.¹⁰

Carrying Graffiti with Intent to Use

Is a separate misdemeanor to carry a graffiti implement with the intent to vandalize, place graffiti on, or otherwise deface public or private property, real or personal, of another:

• while on or under any overpass or bridge or in any flood channel; or
• at any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public that states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or
• in a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization.¹¹

Additional Reading

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

• Protecting Artistic Vandalism: Graffiti and Copyright Law – NYU Journal of Intellectual Property & Entertainment Law.
• The Writing on Our Walls: Finding Solutions through Distinguishing Graffiti Art from Graffiti Vandalism – University of Michigan Journal of Legal Reform.
• Punishing Vandalism Correctly in an Access Economy – Notre Dame Journal of Legal Ethics & Public Policy.
• Theft and Vandalism on Construction Sites – Journal of Construction Engineering and Management.
• The Process Frame: Vandalism, Removal, Re-Siting, Destruction – A Companion to Public Art.

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