Nevada Revised Statutes
Chapter 383 - Historic Preservation and Archeology
NRS 383.435 - Prohibited acts; penalties; exceptions; civil remedy.


1. Except as otherwise provided in this section, a person who knowingly and willfully removes, mutilates, defaces, excavates, injures or destroys a historic or prehistoric site or resource on state land or who receives, traffics in or sells cultural property appropriated from state land without a valid permit, unless a greater penalty is provided by a specific statute:
(a) For a first offense, is guilty of a gross misdemeanor.
(b) For a second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
In addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost of restoration, stabilization and interpretation of the site or cultural property, as applicable.
2. This section does not apply to any action taken:
(a) In accordance with an agreement with the Office entered into pursuant to NRS 383.430; or
(b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, by the holder of a permit issued pursuant to those sections.
3. In addition to any other penalty, a person who violates a provision of this section is liable for civil damages to the state agency or political subdivision which has jurisdiction over the state land in an amount equal to the cost or, in the discretion of the court, an amount equal to twice the cost of the restoration, stabilization and interpretation of the site plus any court costs and fees.
(Added to NRS by 2005, 570; A 2013, 983; 2017, 3549; 2019, 586)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 383 - Historic Preservation and Archeology

NRS 383.011 - Definitions.

NRS 383.021 - Office of Historic Preservation: Creation; duties; inclusion of Comstock Historic District Commission.

NRS 383.031 - Administrator: Qualifications.

NRS 383.041 - Administrator: Duties; employment of personnel.

NRS 383.075 - Stewardship program: Establishment; selection, training and certification of volunteers; powers of program; coordination of activities with other entities; administrative services; acceptance of gifts and grants.

NRS 383.077 - Technical advisory program: Establishment; qualification of technical advisers; compiling, maintaining and publishing list of qualified technical advisers; provision of grants of money; administrative services; acceptance of gifts and g...

NRS 383.081 - Preparation and contents of plan for statewide historic preservation; federal financial assistance.

NRS 383.085 - State Register of Historic Places.

NRS 383.091 - Program for historical markers.

NRS 383.101 - Grants, gifts and donations; payment for services rendered.

NRS 383.111 - Contracts: Historic preservation and archeological activities; expenses for overhead.

NRS 383.121 - Intergovernmental cooperation required; notice to Office; procedure for notice to and consultation with Indian tribes and development of resolution relating to prehistoric native Indian human remains and funerary objects on property; no...

NRS 383.123 - Exception to requirements for notice to and consultation with Indian tribes.

NRS 383.125 - Programs by certain nonprofit organizations to raise money to benefit historic places; prohibitions; regulations.

NRS 383.150 - Definitions.

NRS 383.160 - Duties of Office of Historic Preservation.

NRS 383.170 - Procedure upon discovery of Indian burial site; permissible excavation; treatment of prehistoric native Indian human remains and funerary objects; exceptions.

NRS 383.180 - Prohibited acts; penalties; exceptions.

NRS 383.190 - Civil remedy.

NRS 383.400 - Definitions.

NRS 383.405 - "Historic site" defined.

NRS 383.410 - "Political subdivision" defined.

NRS 383.415 - "Prehistoric site" defined.

NRS 383.420 - "State agency" defined.

NRS 383.425 - "State land" defined.

NRS 383.430 - Office of Historic Preservation authorized to enter into agreement with state agency, political subdivision or Indian tribe regarding acquisition of land from Federal Government; requirements of agreement; submission of information to O...

NRS 383.435 - Prohibited acts; penalties; exceptions; civil remedy.

NRS 383.440 - Regulations.

NRS 383.500 - Creation; members; Chair; rules; meetings; quorum; allowances and expenses.

NRS 383.510 - Plan for preservation and promotion of cultural resources.

NRS 383.520 - Program for awarding financial assistance.

NRS 383.530 - Determination of annual amount of financial assistance to be granted by Commission; notice to State Board of Examiners and State Board of Finance; issuance of bonds.

NRS 383.540 - Fund for the Preservation and Promotion of Cultural Resources.