383.435 - Prohibited acts; penalties; exceptions; civil remedy. - Nevada Statutes

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 misdemeanor and shall be punished by a fine of $500.

      (b) For a second or subsequent offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year or by a fine of not more than $3,000, or by both fine and imprisonment.

      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)

      NRS 383.440  Regulations.  The Office may adopt regulations to carry out the provisions of NRS 383.400 to 383.440, inclusive.

      (Added to NRS by 2005, 570)