Accused of shoplifting in Nevada: the charge and the store's demand letter
In plain words: a shoplifting stop can lead to two separate things. One is a criminal charge, usually petit larceny, a misdemeanor, decided in court. The other is a civil demand letter from the store asking you to pay. They run apart from each other, and paying one doesn't end the other.
Two tracks, side by side
- Brought by a prosecutor, not the store
- You get a citation or court date
- Under $1,200: petit larceny, a misdemeanor (NRS 205.240)
- The court must order restitution if you're convicted
- Sent by the store or a law firm working for it
- Asks for money under NRS 597.860
- Can come even if no criminal charge is filed
- A letter is a demand, not a court judgment
What the store may do at the door
- Ask you to keep merchandise in full view
- Detain you on the premises if it has reason to believe you took something
- Only to recover the item or call police
- Seeing you hide merchandise counts as reason to believe
- The detention must be reasonable in manner and length of time
- An unreasonable detention loses the store's protection from false arrest and false imprisonment claims
- The store gets that protection only if it posts the required notice in a conspicuous place
The notice the store must post
NRS 597.850(4) requires a boldface sign, in substantially this form, saying that a merchant who has reason to believe merchandise was wrongfully taken may detain the person on the premises to recover it or notify a peace officer, and that an adult, or the parents or guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. If you were held, note whether the sign was up.
The civil demand letter
- The retail value of the merchandise
- Plus damages of at least $100 and no more than $250
- Plus court costs and reasonable attorney's fees
- The case can be filed as a small claim (NRS 597.860)
- Don't ignore it and don't pay in a panic
- Check the amount against the limits at left
- If you have a criminal case, talk to your lawyer before you answer or pay
- Keep the letter and envelope
If the store actually sues you
A real lawsuit comes as court papers with a case number, not a letter. You have a deadline to answer, and missing it can mean a default judgment. Read I got sued and small claims in Las Vegas right away.
When a minor is accused
The parent or legal guardian of a minor who steals from a store is civilly liable for the retail value of the merchandise, plus damages of $100 to $250, court costs and reasonable attorney's fees. The store can sue even with no criminal conviction (NRS 597.870).
The criminal side
- Petit larceny, a misdemeanor (NRS 205.240)
- Up to 6 months in county jail, a fine up to $1,000, or both (NRS 193.150)
- Community service can replace some or all of it
- Grand larceny (NRS 205.220)
- Under $5,000: category D felony, 1 to 4 years, fine up to $5,000 (NRS 205.222, 193.130)
- A series of retail thefts totaling $3,500 or more in 120 days can be charged as organized retail theft, a category B felony (NRS 205.08345)
Next steps
Read 2026-11-05 from Nevada Revised Statutes on this house's law shelf: NRS 597.850, 597.860 and 597.870 (chapter 597, Rev. 4/15/2026); NRS 205.08345, 205.220, 205.222 and 205.240 (chapter 205, Rev. 4/15/2026); NRS 193.130 and 193.150 (chapter 193, Rev. 4/15/2026).