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
Chapter 383 - Historic Preservation and Archeology
NRS 383.031 - Administrator: Qualifications.
NRS 383.041 - Administrator: Duties; employment of personnel.
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 383.123 - Exception to requirements for notice to and consultation with Indian tribes.
NRS 383.160 - Duties of Office of Historic Preservation.
NRS 383.180 - Prohibited acts; penalties; exceptions.
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 383.435 - Prohibited acts; penalties; exceptions; civil remedy.
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 383.540 - Fund for the Preservation and Promotion of Cultural Resources.