1. A person who intentionally steals, takes and carries away scrap metal or utility property with a value of less than $1,200 within a period of 90 days is guilty of a misdemeanor.

2. A person who intentionally steals, takes and carries away scrap metal or utility property with a value of $1,200 or more within a period of 90 days is guilty of:

(a) If the value of the scrap metal or utility property taken is $1,200 or more but less than $5,000, a category D felony and shall be punished as provided in NRS 193.130.

(b) If the value of the scrap metal or utility property taken is $5,000 or more but less than $25,000, a category C felony and shall be punished as provided in NRS 193.130.

(c) If the value of the scrap metal or utility property taken is $25,000 or more but less than $100,000, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

(d) If the value of the scrap metal or utility property taken is $100,000 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.

3. In addition to any other penalty, the court shall order a person who violates the provisions of subsection 1 or 2 to pay restitution and:

(a) For a first offense, to perform 100 hours of community service.

(b) For a second offense, to perform 200 hours of community service.

(c) For a third or subsequent offense, to perform up to 300 hours of community service for up to 1 year, as determined by the court.

4. In determining the value of the scrap metal or utility property taken, the cost of repairing and, if necessary, replacing any property damaged by the theft of the scrap metal or utility property must be added to the value of the property.

5. As used in this section:

(a) “Scrap metal” has the meaning ascribed to it in NRS 647.017.

(b) “Utility property” has the meaning ascribed to it in NRS 202.582.

(Added to NRS by 2009, 1242; A 2011, 165; 2013, 319; 2019, 4431, effective July 1, 2020)