Section 383.435 - Prohibited acts; penalties; exceptions; civil remedy1. 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, 586Amended by 2019, Ch. 110,§1.5, eff. 7/1/2019.Amended by 2017, Ch. 523,§37, eff. 7/1/2018.Amended by 2013, Ch. 229,§11, eff. 10/1/2013.Added to NRS by 2005, 570