[Rev. 2/10/2015 4:33:59
PM--2014R2]
CHAPTER 205 - CRIMES AGAINST PROPERTY
ARSON
NRS 205.005 “Set
fire to” defined.
NRS 205.010 First
degree.
NRS 205.015 Second
degree.
NRS 205.020 Third
degree.
NRS 205.025 Fourth
degree.
NRS 205.030 Burning
or aiding and abetting burning of property with intent to defraud insurer;
penalty.
NRS 205.034 Additional
penalties.
NRS 205.045 Contiguous
fires.
NRS 205.050 Ownership
of building.
NRS 205.055 Preparation
is attempt to commit arson.
BURGLARY; INVASION OF THE HOME
NRS 205.060 Burglary:
Definition; penalties; venue; exception.
NRS 205.065 Inference
of burglarious intent.
NRS 205.067 Invasion
of the home: Definition; penalties; venue.
NRS 205.070 Commission
of another crime while committing burglary or invasion of the home.
NRS 205.075 Burglary
with explosives; penalty.
NRS 205.080 Possession
of instrument with burglarious intent; making, alteration or repair of
instrument for committing offense; penalty.
THEFT
NRS 205.0821 Definitions.
NRS 205.0822 “Check”
defined.
NRS 205.0823 “Control”
defined.
NRS 205.0824 “Deprive”
defined.
NRS 205.0825 “Draw”
defined.
NRS 205.08255 “Intangible
property” defined.
NRS 205.0826 “Issue”
defined.
NRS 205.0827 “Obtain”
defined.
NRS 205.0828 “Property
of another person” defined.
NRS 205.0829 “Services”
defined.
NRS 205.083 “Transfer”
defined.
NRS 205.0831 “Value”
defined.
NRS 205.0832 Actions
which constitute theft.
NRS 205.0833 Theft
constitutes single offense embracing certain separate offenses; specification
of charge in indictment or information.
NRS 205.0834 Determination
of amount involved in particular theft.
NRS 205.08345 Participation
in organized retail theft; penalties; determination of amount involved in thefts
committed by organized retail theft; venue.
NRS 205.0835 Penalties.
FORGERY, COUNTERFEITING AND ISSUANCE OF CHECK OR DRAFT WITH
INTENT TO DEFRAUD
NRS 205.085 Definitions.
NRS 205.090 Forgery
of conveyances, negotiable instruments, stock certificates, wills and other
instruments; utterance of forged instrument.
NRS 205.095 Other
acts constituting forgery.
NRS 205.100 Making,
uttering or possessing with intent to utter fictitious bill, note or check.
NRS 205.105 Forgery
of instrument purporting to have been issued by corporation or state.
NRS 205.110 Uttering
forged instruments: Forgery.
NRS 205.115 True
writing signed by wrongdoer’s name or name of person not in existence.
NRS 205.120 False
certificate to certain instruments punishable as forgery.
NRS 205.125 Misconduct
in signing, filing or altering petition; penalties.
NRS 205.130 Issuance
of check or draft without sufficient money or credit: Penalties.
NRS 205.132 Issuance
of check or draft without sufficient money or credit: Presumptions of intent to
defraud and knowledge of insufficiency; malice in causing prosecution.
NRS 205.134 Issuance
of check or draft without sufficient money or credit: Posting notices.
NRS 205.160 Possessing
or receiving forged instruments or bills.
NRS 205.165 General
reputation may be used to prove incorporation in trial for forgery of bill or
note of incorporated company or bank.
NRS 205.170 Expert
may prove forgery or counterfeit.
NRS 205.175 Counterfeiting
seals; forgery of signatures of public officers; sale or possession of
counterfeit badge or identification of law enforcement agency.
NRS 205.180 Counterfeiting
gold dust, bars or other articles; making or possessing instruments.
NRS 205.185 Possessing
or receiving counterfeit gold dust, silver, bullion or bars.
NRS 205.195 Counterfeiting
stamps and labels.
NRS 205.200 Goods
containing forged stamps.
NRS 205.205 Counterfeiting
trademark or design.
NRS 205.210 Selling,
displaying or advertising goods with false trademark.
NRS 205.215 Fraudulent
registration of trademark.
NRS 205.216 Unlawful
operation of audiovisual recording function in motion picture theater.
NRS 205.217 Unlawful
reproduction or sale of sound recordings.
LARCENY
NRS 205.2175 Definitions.
NRS 205.218 “Domesticated
animals” defined.
NRS 205.2185 “Domesticated
birds” defined.
NRS 205.219 “Livestock”
defined.
NRS 205.2195 “Property”
defined.
NRS 205.220 Grand
larceny: Definition.
NRS 205.222 Grand
larceny: Penalties.
NRS 205.226 Grand
larceny of firearm; penalty.
NRS 205.228 Grand
larceny of motor vehicle; penalty.
NRS 205.230 Duties
of peace officer concerning grand larceny of animal.
NRS 205.240 Petit
larceny; penalty.
NRS 205.251 Determination
of value of property involved in larceny offense.
NRS 205.260 Negotiable
and other instruments subjects of larceny.
NRS 205.265 Commission
or part ownership no defense for larceny.
NRS 205.267 Penalty
for theft of scrap metal or utility property.
NRS 205.270 Penalty
for taking property from person of another under circumstances not amounting to
robbery; limitation on granting of probation or suspension of sentence.
NRS 205.2705 Use
of unlawful coin or cheating device in vending machine, telephone or other coin
operated device prohibited; penalty.
NRS 205.2707 Penalty
for theft of money or property of value of $650 or more from vending machines;
determination of value of property taken includes cost to repair any damage to
vending machine.
MOTOR VEHICLES
NRS 205.271 “Owner”
defined.
NRS 205.2715 Unlawful
taking of vehicle: Inference; penalty.
NRS 205.273 Offense
involving stolen vehicle: Definition; penalty; restitution; determination of
value of vehicle.
NRS 205.274 Injuring
or tampering with vehicle; penalties.
NRS 205.2741 Throwing
substance at or willfully damaging bicycle or motor vehicle; penalty.
NRS 205.2745 Owning
or operating premises on which illegally obtained motor vehicle is altered,
destroyed, disassembled, reassembled or stored for certain purposes; penalties.
NRS 205.2747 Unlawful
transfer or assignment of right or interest in motor vehicle; penalty.
BUYING OR RECEIVING STOLEN GOODS
NRS 205.275 Offense
involving stolen property: Definition; penalty; restitution; prima facie
evidence; determination of value of property.
NRS 205.290 Restoration
of stolen property to owner.
NRS 205.295 Restoration
of stolen property: Duties of officers.
EMBEZZLEMENT
NRS 205.300 Definition;
punishment.
NRS 205.305 Prima
facie evidence of embezzlement.
NRS 205.310 Contractor
failing to pay for labor or material.
NRS 205.312 Willful
or intentional failure to return leased or rented vehicle to owner: Inference
of embezzlement.
EXTORTION
NRS 205.320 Threats.
NRS 205.322 Extortionate
collection of debt.
FRAUD AND FALSE PERSONATION
NRS 205.330 Fraudulent
conveyances.
NRS 205.335 Sale
or removal of goods subject to security interest by debtor in possession
without consent of secured party.
NRS 205.340 Sale
or creation of security interest in personal property subject to security
interest or lien without informing purchaser or secured party.
NRS 205.345 Destruction
or removal of personal property upon which security interest or lease exists.
NRS 205.350 Removal
or sale of property to defraud creditors.
NRS 205.355 Fraudulent
sale or concealment of personal property after action commenced or judgment
rendered.
NRS 205.360 Knowingly
receiving fraudulent conveyance.
NRS 205.365 Fraudulently
selling real estate twice.
NRS 205.370 Swindling;
credit by false representations.
NRS 205.372 Mortgage
lending fraud; penalties; civil action.
NRS 205.375 False
written statements to obtain property or credit.
NRS 205.377 Multiple
transactions involving fraud or deceit in course of enterprise or occupation;
penalty.
NRS 205.380 Obtaining
money, property, rent or labor by false pretenses.
NRS 205.390 Obtaining
signature by false pretense.
NRS 205.395 False
representation concerning title; penalties; civil action.
NRS 205.400 Fraud
by bailee of animal.
NRS 205.405 Falsifying
accounts.
NRS 205.410 Improper
use of insignia.
NRS 205.412 Stolen
valor.
NRS 205.415 Collecting
for benefit without authority.
NRS 205.420 Use
of false permit, license or writing.
NRS 205.435 Fraudulent
issue of stock.
NRS 205.440 Publishing
false statement to affect market price.
NRS 205.445 Defrauding
proprietor of hotel, inn, restaurant, motel or similar establishment.
NRS 205.450 Personating
another.
NRS 205.455 Personating
another same as stealing.
NRS 205.460 Preparation,
transfer or use of false identification regarding person under 21 years of age;
penalties; demand of proof of age as defense to certain proceedings.
UNLAWFUL ACTS REGARDING SOCIAL SECURITY NUMBERS
NRS 205.4605 Posting
or displaying social security number of another person; penalties; civil
action.
UNLAWFUL ACTS REGARDING PERSONAL IDENTIFYING INFORMATION
NRS 205.461 Definitions.
NRS 205.4611 “Artificial
person” defined.
NRS 205.4613 “Document”
defined.
NRS 205.4615 “Older
person” defined.
NRS 205.4617 “Personal
identifying information” defined.
NRS 205.462 “Public
body” defined.
NRS 205.4623 “Public
employee” defined.
NRS 205.4627 “Public
officer” defined.
NRS 205.4629 “Vulnerable
person” defined.
NRS 205.463 Obtaining
and using personal identifying information of another person to harm or
impersonate person, to obtain certain nonpublic records or for other unlawful
purpose; penalties; rebuttable inference that possessor of personal identifying
information intended to unlawfully use such information.
NRS 205.464 Obtaining,
using, possessing or selling personal identifying information for unlawful
purpose by public officer or public employee; penalties; rebuttable inference
that possessor of personal identifying information intended to unlawfully use
such information.
NRS 205.465 Possession
or sale of document or personal identifying information to establish false
status or identity; penalties; rebuttable inference that possessor of personal
identifying information intended to unlawfully use such information.
NRS 205.4651 Identity
theft program card: Application; issuance; presentation to law enforcement
agency or creditors; discretion to accept or reject program card; application
not public record; regulations; acceptance of gifts, grants and donations.
NRS 205.46513 Establishing
or possessing financial forgery laboratory unlawful; penalty; expert testimony.
NRS 205.46515 Capturing,
storing, reading, retaining, using or disclosing information from radio
frequency identification document of another person; penalty.
NRS 205.46517 Court
records.
NRS 205.4653 Prosecution
regardless of whether person whose personal identifying information was stolen
is living or deceased, is artificial person or suffers financial loss or
injury.
NRS 205.4655 Exempt
persons.
NRS 205.4657 Defenses
not available; jurisdiction.
PROGRAMS FOR RESTITUTION BY CERTAIN PERSONS
NRS 205.466 Creation
and operation of program; acceptance of person in program.
NRS 205.467 Notice
to persons accepted into program.
NRS 205.468 Actions
required of persons accepted into program.
NRS 205.469 Agreement
to suspend prosecution of person accepted into program: Entry; conditions;
completion.
NRS 205.471 Collection
of fee from offender; amount and disposition of fee.
NRS 205.472 Statements
by person referred to or participating in program inadmissible in civil and
criminal proceedings.
UNLAWFUL ACTS REGARDING COMPUTERS AND INFORMATION SERVICES
NRS 205.473 Definitions.
NRS 205.4732 “Access”
defined.
NRS 205.4735 “Computer”
defined.
NRS 205.4737 “Computer
contaminant” defined.
NRS 205.474 “Data”
defined.
NRS 205.4742 “Encryption”
defined.
NRS 205.4743 “Information
service” defined.
NRS 205.4744 “Internet
or network site” defined.
NRS 205.4745 “Network”
defined.
NRS 205.475 “Program”
defined.
NRS 205.4755 “Property”
defined.
NRS 205.4757 “Provider”
defined.
NRS 205.4758 “Provider
of Internet service” defined.
NRS 205.4759 “Response
costs” defined.
NRS 205.476 “System”
defined.
NRS 205.4765 Unlawful
acts regarding computers: Generally.
NRS 205.477 Unlawful
interference with or denial of access to or use of computers; unlawful use or
access of computers; affirmative defense.
NRS 205.481 Forgery
by creation, alteration or deletion of data, information, image, program,
signal or sound contained in computer.
NRS 205.486 Unlawful
use of encryption.
NRS 205.492 Unlawful
acts involving electronic mail or transmission of other data, information,
images, programs, signals or sounds to computer, system or network.
NRS 205.498 Provider
of Internet service required to keep certain information concerning subscribers
confidential; notice required to be provided to subscribers.
NRS 205.506 Unlawful
acts regarding information services.
NRS 205.509 Presumption
of authority of employee.
NRS 205.511 Victim
authorized to bring civil action.
NRS 205.513 Enforcement
of provisions.
DOCUMENTS OF TITLE
NRS 205.520 Issue
of document of title for goods not received.
NRS 205.530 Issue
of document of title containing false statement.
NRS 205.540 Issuance
of duplicate or additional negotiable document of title not so marked.
NRS 205.550 Delivery
of goods covered by outstanding negotiable document of title without obtaining
negotiable document.
NRS 205.560 Issue
of negotiable warehouse receipt not stating fact of warehouseman’s ownership.
NRS 205.570 Obtaining
or negotiating document of title for goods with intent to defraud.
NRS 205.580 Inducing
bailee to issue negotiable document of title when goods have not been received.
NRS 205.590 Negotiation
of document of title when goods are not in bailee’s possession.
PAYMENT CARDS, REENCODERS AND SCANNING DEVICES
NRS 205.601 Definitions.
NRS 205.602 “Payment
card” defined.
NRS 205.603 “Reencoder”
defined.
NRS 205.604 “Scanning
device” defined.
NRS 205.605 Using
scanning device or reencoder to defraud.
NRS 205.606 Possession
of scanning device or reencoder for unlawful purpose.
NRS 205.607 Exempt
persons.
NRS 205.608 Defenses
not available.
CREDIT CARDS AND DEBIT CARDS
NRS 205.610 Definitions.
NRS 205.620 “Cardholder”
defined.
NRS 205.630 “Credit
card” defined.
NRS 205.635 “Debit
card” defined.
NRS 205.640 “Expired
credit card or debit card” defined.
NRS 205.650 “Issuer”
defined.
NRS 205.660 “Receives”
and “receiving” defined.
NRS 205.670 “Revoked
credit card or debit card” defined.
NRS 205.680 False
statement to procure issuance of credit card or debit card.
NRS 205.690 Obtaining
or possessing credit card or debit card, or identifying description of credit
card, credit account or debit card without consent of cardholder; presumption
from possession; exemptions.
NRS 205.710 Sale
or purchase of credit card or debit card, or identifying description of credit
card, debit card or credit account; exemptions.
NRS 205.715 Sale
of identifying information on telephone calling card.
NRS 205.720 Obtaining
control of credit card or debit card as security for debt.
NRS 205.740 Forgery
of credit card or debit card; presumption from possession.
NRS 205.750 Unauthorized
signing of credit card, debit card or related document with intent to defraud.
NRS 205.760 Fraudulent
use of credit card or debit card, or identifying description of credit account
or debit card; presumption of knowledge of revocation of credit card or debit
card.
NRS 205.765 Presumption
of intent to defraud and knowledge that holder of credit card or debit card has
insufficient money or property.
NRS 205.770 Fraud
by person authorized to provide goods or services: Furnishing goods or services
upon presentation of credit card or debit card illegally obtained or possessed.
NRS 205.780 Fraud
by person authorized to provide goods or services: Misrepresentation to issuer.
NRS 205.790 Possession
of incomplete credit cards or debit cards or equipment to produce cards.
NRS 205.800 Receiving
property or services obtained by unlawful use of credit card or debit card;
presumption of knowledge.
NRS 205.810 Defenses
not available.
CARTS USED IN RETAIL STORES AND LAUNDRIES
NRS 205.830 Definitions.
NRS 205.840 Owner
of cart required to place sign on premises.
NRS 205.850 Retrieval
of carts: Permit from owner.
NRS 205.860 Wrongful
possession, abandonment or alteration of cart or serial number.
OBTAINING CHILD CARE WITH INTENT TO DEFRAUD
NRS 205.870 Definitions.
NRS 205.880 Obtaining
care for child in child care establishment with intent to defraud keeper or
proprietor; penalty; exception.
NRS 205.890 Prima
facie evidence of intent to defraud.
MISCELLANEOUS CRIMES AGAINST PROPERTY
NRS 205.900 Unlawful
use of hotel key; penalty.
NRS 205.910 Unlawful
use of television or radio signals; unlawful manufacture or sale of devices to
intercept or decode signals; penalty; exceptions.
NRS 205.920 Obtaining
or attempting to obtain telephone or telegraph service with intent to avoid
payment; penalty.
NRS 205.930 Manufacture,
possession, sale or other disposition of equipment or information for obtaining
telephone or telegraph service with intent to avoid payment; penalty.
NRS 205.940 Conversion
of rented or leased personal property; penalty; defenses to civil action.
NRS 205.950 Unlawful
receipt of fee, salary, deposit or money to obtain loan for another; penalties.
NRS 205.960 Qualified
intermediaries of clients with certain property: Unlawful acts; criminal
penalty; civil penalty.
NRS 205.965 Unlawful
possession, making, altering, forgery or counterfeiting of sales receipt or
inventory pricing label; penalties.
NRS 205.970 Unlawful
possession, manufacture, sale or distribution of theft detection shielding
device or theft detection device deactivator; penalty.
CIVIL LIABILITY FOR LOSS OR DAMAGE TO PROPERTY
NRS 205.980 Determination
of value of loss from crime; notice to victim; order of restitution deemed
judgment to collect damages.
_________
_________
ARSON
NRS 205.005 “Set fire to” defined. Any
person shall be deemed to have “set fire to” a building, structure or any
property mentioned in NRS 205.010 to 205.030, inclusive, whenever any part thereof or
anything therein shall be scorched, charred or burned.
[1911 C&P § 363; RL § 6628; NCL §
10313]—(Substituted in revision for NRS 205.040)
NRS 205.010 First degree. A
person who willfully and maliciously sets fire to or burns or causes to be
burned, or who aids, counsels or procures the burning of any:
1. Dwelling house or other structure or
mobile home, whether occupied or vacant; or
2. Personal property which is occupied by
one or more persons,
Ê whether the
property of the person or of another, is guilty of arson in the first degree
which is a category B felony and shall be punished by imprisonment for a
minimum term of not less than 2 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than $15,000.
[1911 C&P § 359; A 1927, 228; 1943, 181; 1943 NCL
§ 10307]—(NRS A 1967, 493; 1975, 916; 1979, 1439; 1987, 1475; 1995, 1213)
NRS 205.015 Second degree. A
person who willfully and maliciously sets fire to or burns or causes to be
burned, or who aids, counsels or procures the burning of any abandoned building
or structure, whether the property of the person or of another, is guilty of
arson in the second degree which is 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 may be further punished by a
fine of not more than $10,000.
[1911 C&P § 360; A 1927, 228; 1943, 181; 1943 NCL
§ 10308]—(NRS A 1975, 916; 1979, 1439; 1995, 1213)
NRS 205.020 Third degree. A
person who willfully and maliciously sets fire to or burns or causes to be
burned, or who aids, counsels or procures the burning of:
1. Any unoccupied personal property of
another which has the value of $25 or more;
2. Any unoccupied personal property owned
by him or her in which another person has a legal interest; or
3. Any timber, forest, shrubbery, crops,
grass, vegetation or other flammable material not his or her own,
Ê is guilty of
arson in the third degree which is a category D felony and shall be punished as
provided in NRS 193.130.
[1911 C&P § 360 1/2; added 1927, 228; A 1943,
181; 1943 NCL § 10309]—(NRS A 1967, 493; 1975, 916; 1979, 329; 1989, 964; 1995, 1214)
NRS 205.025 Fourth degree.
1. A person who willfully and maliciously
attempts to set fire to or attempts to burn or to aid, counsel or procure the
burning of any of the buildings or property mentioned in NRS
205.010, 205.015 and 205.020,
or who commits any act preliminary thereto or in furtherance thereof, is guilty
of arson in the fourth degree which is a category D felony and shall be
punished as provided in NRS 193.130,
and may be further punished by a fine of not more than $5,000.
2. In any prosecution under this section
the placing or distributing of any inflammable, explosive or combustible
material or substance, or any device in any building or property mentioned in NRS 205.010, 205.015 and 205.020, in an arrangement or preparation eventually
to set fire to or burn the building or property, or to procure the setting fire
to or burning of the building or property, is prima facie evidence of a willful
attempt to burn or set on fire the property.
[1911 C&P § 361 1/2; added 1927, 228; A 1943,
181; 1943 NCL § 10311]—(NRS A 1967, 493; 1979, 1439; 1995, 1214)
NRS 205.030 Burning or aiding and abetting burning of property with intent
to defraud insurer; penalty. A
person who willfully and with the intent to injure or defraud the insurer sets
fire to or burns or attempts to set fire to or burn, or who causes to be burned
or who aids, counsels or procures the burning of any building, structure or
personal property of whatsoever class or character, whether the property of the
person or of another, which is at the time insured by any person, company or
corporation against loss or damage by fire, is guilty of 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 6 years, and may be
further punished by a fine of not more than $5,000. In addition to any other
penalty, the court shall order the person to pay restitution.
[1911 C&P § 361; A 1927, 228; 1943, 181; 1943 NCL
§ 10310]—(NRS A 1967, 493; 1979, 1440; 1995, 1214)
NRS 205.034 Additional penalties. The
court may, in addition to imposing the penalties set forth in NRS 205.010, 205.015, 205.020, 205.025 or 205.030, order the person to pay:
1. Court costs;
2. The costs of providing police and fire
services related to the crime; or
3. The costs of the investigation and
prosecution of the crime,
Ê or any
combination of subsections 1, 2 and 3.
(Added to NRS by 1989, 964)
NRS 205.045 Contiguous fires. Whenever
any building or structure which may be the subject of arson in either the first
or second degree shall be so situated as to be manifestly endangered by any
fire and shall subsequently be set on fire thereby, any person participating in
setting such fire shall be deemed to have participated in setting such building
or structure on fire.
[1911 C&P § 364; RL § 6629; NCL § 10314]
NRS 205.050 Ownership of building. To
constitute arson it shall not be necessary that another person than the
defendant should have had ownership in the building or structure set on fire.
[1911 C&P § 365; RL § 6630; NCL § 10315]
NRS 205.055 Preparation is attempt to commit arson. Any
willful preparation made by any person with a view to setting fire to any
building or structure shall be deemed to be an attempt to commit the crime of
arson, and shall be punished as such.
[1911 C&P § 366; RL § 6631; NCL § 10316]—(NRS A
1967, 135; 1973, 553)
BURGLARY; INVASION OF THE HOME
NRS 205.060 Burglary: Definition; penalties; venue; exception.
1. Except as otherwise provided in
subsection 5, a person who, by day or night, enters any house, room, apartment,
tenement, shop, warehouse, store, mill, barn, stable, outhouse or other
building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer,
airplane, glider, boat or railroad car, with the intent to commit grand or
petit larceny, assault or battery on any person or any felony, or to obtain
money or property by false pretenses, is guilty of burglary.
2. Except as otherwise provided in this
section, a person convicted of burglary is guilty of 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 may be
further punished by a fine of not more than $10,000. A person who is convicted
of burglary and who has previously been convicted of burglary or another crime
involving the forcible entry or invasion of a dwelling must not be released on
probation or granted a suspension of sentence.
3. Whenever a burglary is committed on a
vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider,
boat or railroad car, in motion or in rest, in this State, and it cannot with
reasonable certainty be ascertained in what county the crime was committed, the
offender may be arrested and tried in any county through which the vessel,
vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or
railroad car traveled during the time the burglary was committed.
4. A person convicted of burglary who has
in his or her possession or gains possession of any firearm or deadly weapon at
any time during the commission of the crime, at any time before leaving the
structure or upon leaving the structure, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 15 years, and may be
further punished by a fine of not more than $10,000.
5. The crime of burglary does not include
the act of entering a commercial establishment during business hours with the
intent to commit petit larceny unless the person has previously been convicted:
(a) Two or more times for committing petit
larceny within the immediately preceding 7 years; or
(b) Of a felony.
[1911 C&P § 369; A 1953, 31]—(NRS A 1967, 494;
1968, 45; 1971, 1161; 1979, 1440; 1981, 551; 1983, 717; 1989, 1207; 1995, 1215; 2005, 416; 2013, 2987)
NRS 205.065 Inference of burglarious intent. Every
person who unlawfully breaks and enters or unlawfully enters any house, room,
apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or
other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house
trailer, airplane, glider, boat or railroad car may reasonably be inferred to
have broken and entered or entered it with intent to commit grand or petit
larceny, assault or battery on any person or a felony therein, unless the unlawful
breaking and entering or unlawful entry is explained by evidence satisfactory
to the jury to have been made without criminal intent.
[1911 C&P § 370; RL § 6635; NCL § 10320]—(NRS A
1959, 19; 1983,
718; 1989,
1207)
NRS 205.067 Invasion of the home: Definition; penalties; venue.
1. A person who, by day or night, forcibly
enters an inhabited dwelling without permission of the owner, resident or
lawful occupant, whether or not a person is present at the time of the entry,
is guilty of invasion of the home.
2. A person convicted of invasion of the
home is guilty of 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 may be further punished by a fine of not more
than $10,000. A person who is convicted of invasion of the home and who has
previously been convicted of burglary or invasion of the home must not be
released on probation or granted a suspension of sentence.
3. Whenever an invasion of the home is
committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer,
airplane, glider, boat or railroad car, in motion or in rest, in this State,
and it cannot with reasonable certainty be ascertained in what county the crime
was committed, the offender may be arrested and tried in any county through
which the conveyance, vessel, boat, vehicle, house trailer, travel trailer,
motor home or railroad car traveled during the time the invasion was committed.
4. A person convicted of invasion of the
home who has in his or her possession or gains possession of any firearm or
deadly weapon at any time during the commission of the crime, at any time
before leaving the structure or upon leaving the structure, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than $10,000.
5. As used in this section:
(a) “Forcibly enters” means the entry of an
inhabited dwelling involving any act of physical force resulting in damage to
the structure.
(b) “Inhabited dwelling” means any structure,
building, house, room, apartment, tenement, tent, conveyance, vessel, boat,
vehicle, house trailer, travel trailer, motor home or railroad car in which the
owner or other lawful occupant resides.
(Added to NRS by 1989, 1452; A 1995, 1215)
NRS 205.070 Commission of another crime while committing burglary or
invasion of the home. Every person
who, in the commission of a burglary or invasion of the home, commits any other
crime, may be prosecuted for each crime separately.
[1911 C&P § 371; RL § 6636; NCL § 10321]—(NRS A 1989, 1453)
NRS 205.075 Burglary with explosives; penalty.
1. A person who, with the intent to commit
a crime, breaks and enters, either by day or by night, any building whether
inhabited or not, and opens or attempts to open any vault, safe or other secure
place by use of nitroglycerine, dynamite, gunpowder or any other explosive, is
guilty of burglary with explosives.
2. A person convicted of burglary with
explosives is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 15 years.
[1:75:1919; 1919 RL p. 3376; NCL § 10524] +
[2:75:1919; 1919 RL p. 3376; NCL § 10525]—(NRS A 1967, 494; 1995, 1216)
NRS 205.080 Possession of instrument with burglarious intent; making,
alteration or repair of instrument for committing offense; penalty.
1. Every person who makes or mends or
causes to be made or mended, or has in his or her possession in the day or
nighttime, any engine, machine, tool, false key, picklock, bit, nippers or
implement adapted, designed or commonly used for the commission of burglary,
invasion of the home, larceny or other crime, under circumstances evincing an
intent to use or employ, or allow the same to be used or employed in the
commission of a crime, or knowing that the same is intended to be so used,
shall be guilty of a gross misdemeanor.
2. The possession thereof except by a
mechanic, artificer or tradesman at and in his or her established shop or place
of business, open to public view, shall be prima facie evidence that such
possession was had with intent to use or employ or allow the same to be used or
employed in the commission of a crime.
[1911 C&P § 372; RL § 6637; NCL § 10322]—(NRS A 1989, 1453)
THEFT
NRS 205.0821 Definitions. As
used in NRS 205.0821 to 205.0835,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 205.0822 to 205.0831,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 1203; A 1999, 2706; 2007, 683)
NRS 205.0822 “Check” defined. “Check”
means any check, draft or other negotiable instrument of any kind.
(Added to NRS by 1989, 1203)
NRS 205.0823 “Control” defined. “Control”
means to act so as to prevent a person from using his or her own property
except on the actor’s terms.
(Added to NRS by 1989, 1204)
NRS 205.0824 “Deprive” defined. “Deprive”
means to withhold a property interest of another person permanently or for so
long a time that a substantial portion of its value, usefulness or enjoyment is
lost, or to withhold it with the intent to restore it only upon the payment of
a reward or other compensation, or to transfer or dispose of it so that it is
unlikely to be recovered.
(Added to NRS by 1989, 1204)
NRS 205.0825 “Draw” defined. “Draw”
means making, drawing, uttering, preparing, writing or delivering a check.
(Added to NRS by 1989, 1204)
NRS 205.08255 “Intangible property” defined. “Intangible
property” means property that lacks a physical existence yet possesses value,
including, without limitation, customer lists, trade secrets, copyrighted
material or other confidential information.
(Added to NRS by 1999, 2703)
NRS 205.0826 “Issue” defined. “Issue”
means to deliver or cause to be delivered a check to a person who by that
delivery acquires a right against the drawer of the check. A person who draws a
check with intent that it be so delivered shall be deemed to have issued it if
the delivery occurs.
(Added to NRS by 1989, 1204)
NRS 205.0827 “Obtain” defined. “Obtain”
means to bring about or receive the transfer of any interest in property, or to
secure performance of a service.
(Added to NRS by 1989, 1204)
NRS 205.0828 “Property of another person” defined. “Property
of another person” means real, personal or intangible property in which any
person other than the defendant has an interest which the defendant is not
privileged to infringe, including, without limitation, property in which the
defendant also has an interest, notwithstanding that the other person might be
precluded from civil recovery because the property was used in an unlawful transaction
or was subject to forfeiture as contraband. Property in the possession of the
defendant in which another person has only a security interest shall be deemed
not to be the property of that other person, even if that person holds legal
title to the property pursuant to a security agreement.
(Added to NRS by 1989, 1204; A 1999, 2706)
NRS 205.0829 “Services” defined. “Services”
includes labor, professional services, transportation, cable television or
other video service, telephone, gas or electricity services, accommodations in
hotels, restaurants, leased premises or elsewhere, admissions to exhibitions
and the use of vehicles or other movable property.
(Added to NRS by 1989, 1204; A 2007, 1376)
NRS 205.083 “Transfer” defined. “Transfer”
means to change the possession or control of property.
(Added to NRS by 1989, 1204)
NRS 205.0831 “Value” defined. “Value”
means the fair market value of the property or services at the time of the
theft. The value of a written instrument which does not have a readily
ascertainable market value is the greater of the face amount of the instrument
less the portion satisfied or the amount of economic loss to the owner of the
instrument resulting from the deprivation of the instrument. The trier of fact
shall determine the value of all other property whose value is not readily ascertainable,
and may, in making that determination, consider all relevant evidence,
including evidence of the value of the property to its owner.
(Added to NRS by 1989, 1204)
NRS 205.0832 Actions which constitute theft.
1. Except as otherwise provided in
subsection 2, a person commits theft if, without lawful authority, the person
knowingly:
(a) Controls any property of another person with
the intent to deprive that person of the property.
(b) Converts, makes an unauthorized transfer of
an interest in, or without authorization controls any property of another
person, or uses the services or property of another person entrusted to him or
her or placed in his or her possession for a limited, authorized period of
determined or prescribed duration or for a limited use.
(c) Obtains real, personal or intangible property
or the services of another person by a material misrepresentation with intent
to deprive that person of the property or services. As used in this paragraph,
“material misrepresentation” means the use of any pretense, or the making of
any promise, representation or statement of present, past or future fact which is
fraudulent and which, when used or made, is instrumental in causing the
wrongful control or transfer of property or services. The pretense may be
verbal or it may be a physical act.
(d) Comes into control of lost, mislaid or
misdelivered property of another person under circumstances providing means of
inquiry as to the true owner and appropriates that property to his or her own
use or that of another person without reasonable efforts to notify the true
owner.
(e) Controls property of another person knowing
or having reason to know that the property was stolen.
(f) Obtains services, including, without
limitation, audio or visual services, or parts, products or other items related
to such services which the person knows or, in the case of audio or visual
services, should have known are available only for compensation without paying
or agreeing to pay compensation or diverts the services of another person to
his or her own benefit or that of another person without lawful authority to do
so.
(g) Takes, destroys, conceals or disposes of
property in which another person has a security interest, with intent to
defraud that person.
(h) Commits any act that is declared to be theft
by a specific statute.
(i) Draws or passes a check, and in exchange obtains
property or services, if the person knows that the check will not be paid when
presented.
(j) Obtains gasoline or other fuel or automotive
products which are available only for compensation without paying or agreeing
to pay compensation.
2. A person who commits an act that is
prohibited by subsection 1 which involves the repair of a vehicle has not
committed theft unless, before the repair was made, the person received a
written estimate of the cost of the repair.
(Added to NRS by 1989, 1204; A 1999, 2706; 2001, 3024; 2013, 823)
NRS 205.0833 Theft constitutes single offense embracing certain separate
offenses; specification of charge in indictment or information.
1. Conduct denominated theft in NRS 205.0821 to 205.0835,
inclusive, constitutes a single offense embracing the separate offenses
commonly known as larceny, receiving or possessing stolen property,
embezzlement, obtaining property by false pretenses, issuing a check without
sufficient money or credit, and other similar offenses.
2. A criminal charge of theft may be
supported by evidence that an act was committed in any manner that constitutes
theft pursuant to NRS 205.0821 to 205.0835, inclusive, notwithstanding the
specification of a different manner in the indictment or information, subject
to the power of the court to ensure a fair trial by granting a continuance or
other appropriate relief if it determines that, in a specific case, strict
application of the provisions of this subsection would result in prejudice to
the defense by lack of fair notice or by surprise.
(Added to NRS by 1989, 1205; A 2007, 683)
NRS 205.0834 Determination of amount involved in particular theft. The amount involved in a theft shall be deemed
to be the highest value, by any reasonable standard, of the property or
services which are obtained. Amounts involved in thefts committed pursuant to a
scheme or continuing course of conduct, whether from one or more persons, may
be aggregated in determining the grade of the offense.
(Added to NRS by 1989, 1205)
NRS 205.08345 Participation in organized retail theft; penalties;
determination of amount involved in thefts committed by organized retail theft;
venue.
1. A person who participates in organized
retail theft is guilty of a category B felony and shall be punished by
imprisonment in the state prison for:
(a) If the aggregated value of the property or
services involved in all thefts committed in the organized retail theft in this
State during a period of 90 days is at least $3,500 but less than $10,000, 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.
(b) If the aggregated value of the property or
services involved in all thefts committed in the organized retail theft in this
State during a period of 90 days is $10,000 or more, a minimum term of not less
than 2 years and a maximum term of not more than 15 years, and by a fine of not
more than $20,000.
2. In addition to any other penalty, the
court shall order a person who violates this section to pay restitution.
3. For the purposes of this section, in
determining the aggregated value of the property or services involved in all
thefts committed in the organized retail theft in this State during a period of
90 days:
(a) The amount involved in a single theft shall
be deemed to be the highest value, by any reasonable standard, of the property
or services which are obtained; and
(b) The amounts involved in all thefts committed
by all participants in the organized retail theft must be aggregated.
4. In any prosecution for a violation of
this section, the violation shall be deemed to have been committed and may be
prosecuted in any jurisdiction in this State in which any theft committed by
any participant in the organized retail theft was committed, regardless of
whether the defendant was ever physically present in that jurisdiction.
5. As used in this section:
(a) “Merchant” has the meaning ascribed to it in NRS 597.850.
(b) “Organized retail theft” means committing,
either alone or with any other person or persons, a series of thefts of retail
merchandise against one or more merchants in this State with the intent to:
(1) Return the merchandise to the merchant
for value; or
(2) Resell, trade or barter the
merchandise for value.
(Added to NRS by 2007, 682; A 2011, 161; 2013, 425)
NRS 205.0835 Penalties.
1. Unless a greater penalty is imposed by
a specific statute and unless the provisions of NRS
205.08345 apply under the circumstances, a person who commits theft in
violation of any provision of NRS 205.0821 to 205.0835, inclusive, shall be punished pursuant to
the provisions of this section.
2. If the value of the property or
services involved in the theft is less than $650, the person who committed the
theft is guilty of a misdemeanor.
3. If the value of the property or
services involved in the theft is $650 or more but less than $3,500, the person
who committed the theft is guilty of a category C felony and shall be punished
as provided in NRS 193.130.
4. If the value of the property or
services involved in the theft is $3,500 or more, the person who committed the
theft is guilty of 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.
5. In addition to any other penalty, the
court shall order the person who committed the theft to pay restitution.
(Added to NRS by 1989, 1205; A 1995, 1216; 1997, 340; 2007, 683; 2011, 162)
FORGERY, COUNTERFEITING AND ISSUANCE OF CHECK OR DRAFT WITH
INTENT TO DEFRAUD
NRS 205.085 Definitions.
1. Within the provisions of this chapter
relating to forgery or other offense, a “written instrument,” or a “writing,”
or a “paper,” shall include an instrument partly written and partly printed or
wholly printed with a written signature thereto, or any signature or writing
purporting to be a signature of or intended to bind an individual, partnership,
corporation or association or an officer thereof.
2. The words “forge,” “forgery,” “forged,”
and “forging,” shall include false making, “counterfeiting” and the alteration,
erasure or obliteration of a genuine instrument in whole or in part, the false
making or counterfeiting of the signature of a party or witness, real or
fictitious, and the placing or connecting together with intent to defraud, of
different parts or the whole of several genuine instruments.
3. A plate is in the “form and
similitude,” of the genuine instrument forged, if the finished parts of the
engraving thereupon shall resemble or conform to the similar parts of the
genuine instrument.
4. A plate, label, trademark, term,
design, device or form of advertisement is in the form and similitude of the
genuine instrument imitated if the finished parts of the engraving thereupon
shall resemble or conform to the similar parts of the genuine instrument.
[1911 C&P § 408; RL § 6673; NCL § 10360] + [1911
C&P § 429; RL § 6694; NCL § 10381]
NRS 205.090 Forgery of conveyances, negotiable instruments, stock
certificates, wills and other instruments; utterance of forged instrument. A person who falsely makes, alters, forges or
counterfeits any record, or other authentic matter of a public nature, or any
charter, letters patent, deed, lease, indenture, writing obligatory, will,
testament, codicil, annuity, bond, covenant, bank bill or note, post note,
check, draft, bill of exchange, contract, promissory note, traveler’s check,
money order, due bill for the payment of money or property or for the payment
of any labor claim, receipt for money or property, power of attorney, any
auditor’s warrant for the payment of the money at the treasury, county order or
warrant, or request for the payment of money, or the delivery of goods or
chattels of any kind, or for the delivery of any instrument of writing, or
acquittance, release, or receipt for money, goods, or labor claim, or any
acquittance, release, or discharge for any debt, account, suit, action, demand,
or other thing, real or personal, or any transfer or assurance of money, stock,
goods, chattels, or other property whatever, or any letter of attorney, or
other power to receive money, or to receive or transfer stock or annuities, or
to let, lease, dispose of, alien or convey any goods or chattels, lands or
tenements, or other estate, real or personal, or any acceptance or endorsement
of any bill of exchange, promissory note, draft, order or assignment of any
bond, writing obligatory, or promissory note, for money or other property, or
any order, writ or process lawfully issued by any court or public officer, or
any document or paper recorded or filed in any court or with any public
officer, or in the Senate or Assembly, or counterfeits or forges the seal or
handwriting of another, with the intent to damage or defraud any person, body
politic or corporate, whether the person, body politic or corporate, resides in
or belongs to this State or not, or utters, publishes, passes or attempts to
pass, as true and genuine, any of the above-named false, altered, forged or
counterfeited matters, as above specified and described, knowing it to be
false, altered, forged or counterfeited with the intent to prejudice, damage or
defraud any person, body politic or corporate, whether the person, body politic
or corporate, resides in this State or not, is guilty of forgery, and shall be
punished for a category D felony as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
[1911 C&P § 398; A 1941, 308; 1931 NCL §
10350]—(NRS A 1967, 494; 1969, 14; 1973, 174; 1979, 1440; 1995, 1216)
NRS 205.095 Other acts constituting forgery. Every
person who, with intent to injure or defraud, shall:
1. Make any false entry in any public
record or account;
2. Fail to make a true entry of any
material matter in any public record or account; or
3. Forge any letter or written
communication or copy or purported copy thereof, or send or deliver, or connive
at the sending or delivery of any false or fictitious telegraph message or copy
or purported copy thereof, whereby or wherein the sentiments, opinions,
conduct, character, purpose, property, interests or rights of any person shall
be misrepresented or may be injuriously affected, or knowing any such letter,
communication or message or any copy or purported copy thereof to be false,
shall utter or publish the same or any copy or purported copy thereof as true,
Ê shall be
guilty of forgery and be punished as provided in NRS
205.090.
[1911 C&P § 399; RL § 6664; NCL § 10351]
NRS 205.100 Making, uttering or possessing with intent to utter fictitious
bill, note or check.
1. Every person who makes, passes, utters
or publishes, with an intention to defraud any person or persons, body politic
or corporate, either in this state or elsewhere, or with the like intention
attempts to pass, utter or publish any fictitious bill, note or check purporting
to be the bill, note or check, or other instrument in writing, for the payment
of money or property of some bank, corporation, copartnership or individual,
when in fact there is no such bank, corporation, copartnership or individual in
existence, the person knowing the bill, note, check or instrument in writing
for the payment of money or property or any labor claim or claims to be
fictitious, is guilty of forgery, and shall be punished as provided in NRS 205.090.
2. Whenever the note, bill, check or other
instrument in writing is drawn upon any bank, proof that the purported drawer
had no account at the bank shall be deemed sufficient evidence to sustain the
allegation of the nonexistence of the drawer of such instrument.
[1911 C&P § 400; A 1915, 15; 1941, 308; 1931 NCL
§ 10352]—(NRS A 1967, 495; 1979, 1441; 1997, 1184)
NRS 205.105 Forgery of instrument purporting to have been issued by
corporation or state. The false
making or forging of an instrument or writing purporting to have been issued by
or in behalf of a corporation or association, state or government and bearing
the pretended signature of any person therein falsely indicated as an agent or
officer of such corporation, association, state or government, is forgery the
same as if that person were in truth such officer or agent of such corporation,
association, state or government.
[1911 C&P § 401; RL § 6666; NCL § 10353]
NRS 205.110 Uttering forged instruments: Forgery. Every
person who, knowing the same to be forged or altered, and with intent to
defraud, shall utter, offer, dispose of or put off as true, or have in his or
her possession with intent so to utter, offer, dispose of or put off any forged
writing, instrument or other thing, the false making, forging or altering of
which is punishable as forgery, shall be guilty of forgery the same as if the
person had forged the same.
[1911 C&P § 402; RL § 6667; NCL § 10354]
NRS 205.115 True writing signed by wrongdoer’s name or name of person not in
existence. Whenever the false
making or uttering of any instrument or writing is forgery, every person who,
with intent to defraud, shall offer, dispose of or put off such an instrument
or writing subscribed or endorsed in his or her own name or that of any other
person, whether such signature be genuine or fictitious, under the pretense
that such subscription or endorsement is the act of another person of the same
name, or that of a person not in existence, shall be deemed guilty of forgery
and shall be punished accordingly.
[1911 C&P § 403; RL § 6668; NCL § 10355]
NRS 205.120 False certificate to certain instruments punishable as forgery. A person who is authorized to take a proof or
acknowledgment of an instrument which by law may be recorded, who willfully
certifies falsely that the execution of the instrument was acknowledged by any
party thereto, or that the execution thereof was proved, is guilty of a
category D felony, and shall be punished as provided in NRS 193.130.
[1911 C&P § 404; RL § 6669; NCL § 10356]—(NRS A 1995, 1217)
NRS 205.125 Misconduct in signing, filing or altering petition; penalties.
1. A person shall not willfully sign the
name of another person, whether living or deceased, or of a fictitious person
to any petition. A person who violates the provisions of this subsection is
guilty of a category D felony and shall be punished as provided in NRS 193.130. Each false or wrongful
signature on a petition in violation of this subsection, whether related to a
single petition or multiple petitions, constitutes a separate offense.
2. A person shall not willfully add to,
revise or alter any petition with the intent to falsify the name or any
information concerning the age, citizenship or residence of another person who
signs the petition. A person who violates the provisions of this subsection is
guilty of a category D felony and shall be punished as provided in NRS 193.130. Each addition, revision or
alteration to a petition in violation of this subsection, whether related to a
single petition or multiple petitions, constitutes a separate offense.
3. A person shall not willfully offer or
provide any consideration, gratuity or reward to another person with the intent
to induce the other person to sign his or her own name to or withdraw his or
her own name from any petition. A person who violates the provisions of this
subsection is guilty of a category D felony and shall be punished as provided
in NRS 193.130. Each offer or provision
of consideration, gratuity or reward to another person in violation of this
subsection, whether related to a single petition or multiple petitions,
constitutes a separate offense.
4. A person shall not, knowing that any
petition contains any false or wrongful signature, statement or information,
file the petition or cause the petition to be filed. A person who violates the
provisions of this subsection is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
Each filing of a petition in violation of this subsection, whether related to a
single petition or multiple petitions, constitutes a separate offense.
5. A person shall not, in signing his or
her own name to any petition, willfully subscribe to any false statement
concerning his or her age, citizenship, residence or other qualifications to
sign the petition. A person who violates the provisions of this subsection is
guilty of a misdemeanor. Each subscription to a false statement in violation of
this subsection, whether related to a single petition or multiple petitions,
constitutes a separate offense.
6. As used in this section, “petition”
means a referendum or other petition circulated in pursuance of any law of this
State or any municipal ordinance.
[1911 C&P § 405; RL § 6670; NCL § 10357]—(NRS A 2007, 753)
NRS 205.130 Issuance of check or draft without sufficient money or credit:
Penalties.
1. Except as otherwise provided in this
subsection and subsections 2 and 3, a person who willfully, with an intent to
defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming
establishment,
Ê drawn upon
any real or fictitious person, bank, firm, partnership, corporation or
depositary, when the person has insufficient money, property or credit with the
drawee of the instrument to pay it in full upon its presentation, is guilty of
a misdemeanor. If that instrument, or a series of instruments passed in the
State during a period of 90 days, is in the amount of $650 or more, the person
is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
2. A person who was previously convicted
three times of a misdemeanor under the provisions of this section, or of an
offense of a similar nature, in this State or any other state, or in a federal
jurisdiction, who violates this section is guilty of a category D felony and
shall be punished as provided in NRS
193.130. In addition to any other penalty, the court shall order the person
to pay restitution.
3. A person who willfully issues any check
or draft for the payment of wages in excess of $650, when the person knows he
or she has insufficient money or credit with the drawee of the instrument to
pay the instrument in full upon presentation is guilty of a gross misdemeanor.
4. For the purposes of this section,
“credit” means an arrangement or understanding with a person, firm,
corporation, bank or depositary for the payment of a check or other instrument.
[1911 C&P § 407; A 1917, 10; 1925, 346; 1927,
233; 1929, 93; 1941, 308; 1955, 151]—(NRS A 1960, 380; 1961, 58, 309; 1963,
495; 1967, 495; 1969, 1518; 1971, 1336; 1973, 1453; 1975, 755; 1979, 1011; 1983, 856; 1989, 1432; 1995, 1217; 2011, 162)
NRS 205.132 Issuance of check or draft without sufficient money or credit:
Presumptions of intent to defraud and knowledge of insufficiency; malice in
causing prosecution.
1. In a criminal action for issuing a
check or draft against insufficient or no funds with intent to defraud, that
intent and the knowledge that the drawer has insufficient money, property or
credit with the drawee is presumed to exist if:
(a) The instrument is drawn on a purported
account which does not exist.
(b) Payment of the instrument is refused by the
drawee when it is presented in the usual course of business, unless within 5
days after receiving notice of this fact from the drawee or the holder, the
drawer pays the holder of the instrument the full amount due plus any handling
charges.
(c) Notice of refusal of payment, sent to the
drawer by registered or certified mail at an address printed or written on the
instrument, is returned because of nondelivery.
2. If a complainant causes a criminal
action to be commenced for issuing a check or draft with intent to defraud and
refuses to testify in the action, the complainant is presumed to have acted
maliciously and without probable cause.
(Added to NRS by 1979, 1010; A 1993, 145)
NRS 205.134 Issuance of check or draft without sufficient money or credit:
Posting notices.
1. A notice in boldface type which is
clearly legible and is in substantially the following form must be posted in a
conspicuous place in every principal and branch office of every bank and in
every place of business in which retail selling is conducted:
The issuance of a check or
draft without sufficient money or with intent to defraud is punishable by
imprisonment in the county jail for not more than 6 months, or by a fine of not
more than $1,000, or by both fine and imprisonment, and the issuance of such a
check or draft in an amount of $650 or more or by a person who previously has
been convicted three times of this or a similar offense is punishable as a category
D felony as provided in NRS 193.130.
2. Failure of the owner, operator or
manager of a bank or other place of business to post the sign required by this
section is not a defense to charge of a violation of NRS
205.130.
(Added to NRS by 1979, 1010; A 1985, 250, 456; 1989, 1433; 1993, 1518; 1995, 1218; 1997, 9; 2005, 1081; 2007, 97; 2011, 163)
NRS 205.160 Possessing or receiving forged instruments or bills. A person who has in his or her possession, or
receives from any other person, any forged promissory note, traveler’s check or
money order, or bank bill, or bill for the payment of money or property, with
the intention to pass it, or to permit, cause, or procure it to be uttered or
passed, with the intention to defraud any person, body politic or corporate,
whether the person, body politic or corporate, resides in or belongs to this
state or not, knowing it to be forged or counterfeited, or has or keeps in his
or her possession any blank or unfinished note, traveler’s check, money order
or bank bill, made in the form or similitude of any promissory note or bill for
payment of money or property, made to be issued by any person, company,
partnership or corporation, with the intention to fill up and complete the
blank and unfinished note or bill, or to permit, or cause, or procure it to be
filled up and completed in order to utter or pass it, or to permit, or cause,
or procure it to be uttered and passed to defraud any person, body politic or
corporate, whether in this state or elsewhere, 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 the person
to pay restitution.
[1911 C&P § 417; RL § 6682; NCL § 10369]—(NRS A
1967, 497; 1973, 174; 1979, 1442; 1995, 1218)
NRS 205.165 General reputation may be used to prove incorporation in trial
for forgery of bill or note of incorporated company or bank. On the trial of any person for forging any
bill or note purporting to be the bill or note of some incorporated company or
bank, or for passing or attempting to pass, or having in possession with intent
to pass, any such forged bill or note, it shall not be necessary to prove the
incorporation of such bank or company by the charter or act of incorporation,
but the same may be proved by general reputation.
[1911 C&P § 418; RL § 6683; NCL § 10370]
NRS 205.170 Expert may prove forgery or counterfeit. Persons of skill shall be competent witnesses
to prove that such bill or note is forged or counterfeited.
[1911 C&P § 419; RL § 6684; NCL § 10371]
NRS 205.175 Counterfeiting seals; forgery of signatures of public officers;
sale or possession of counterfeit badge or identification of law enforcement
agency.
1. A person who:
(a) Fraudulently forges or counterfeits the Seal
of this State, or the seal of any court or public officer by law entitled to
have and use a seal, or the seal of any corporation, and makes use of the seal;
(b) Forges or counterfeits the signature of any
public officer, or seal of any corporation;
(c) Unlawfully and corruptly, and with evil
intent, affixes a true seal to any commission, deed, warrant, pardon,
certificate or other writing; or
(d) Has in his or her possession or custody a
counterfeit seal, and willfully conceals it, knowing it to be falsely made and
counterfeited,
Ê is guilty of
a category D felony and shall be punished as provided in NRS 193.130.
2. A person who manufactures or knowingly
sells or possesses a counterfeit badge or identification of any law enforcement
agency is guilty of a gross misdemeanor.
[1911 C&P § 420; RL § 6685; NCL § 10372]—(NRS A
1967, 497; 1979,
1442; 1989,
1670; 1995,
1219)
NRS 205.180 Counterfeiting gold dust, bars or other articles; making or
possessing instruments. A person
who counterfeits any kind or species of gold dust, silver, gold, bullion or
bars, lumps, pieces, or nuggets of gold or silver, or any description of uncoined
gold or silver currently passing in this state, or alters or puts off any kind
of uncoined gold or silver mentioned in this section, for the purpose of
defrauding any person, body politic or corporate, or makes any instrument for
counterfeiting any kind of uncoined gold or silver as aforesaid, knowing the
purpose for which the instrument was made, or knowingly has in his or her
possession and secretly keeps any instrument for the purpose of counterfeiting
any kind of uncoined gold or silver as aforesaid, 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 the person
to pay restitution.
[1911 C&P § 421; RL § 6686; NCL § 10373]—(NRS A
1967, 497; 1979,
1442; 1995,
1219)
NRS 205.185 Possessing or receiving counterfeit gold dust, silver, bullion
or bars. A person who has in his
or her possession, or receives for any other person, any counterfeit gold dust,
silver, gold, bullion or bars, lumps, pieces, or nuggets of gold or silver, or
any description whatsoever of uncoined gold or silver currently passing in this
state, or entering in anywise into the circulating medium of the state, with intention
to utter, put off, or pass it, or permit, cause, or procure it to be uttered or
passed, with the intention to defraud any person, body politic or corporate,
knowing it to be counterfeit, is guilty of a category C felony and shall be
punished as provided in NRS 193.130.
[1911 C&P § 422; RL § 6687; NCL § 10374]—(NRS A
1967, 498; 1979,
1443; 1995,
1220)
NRS 205.195 Counterfeiting stamps and labels. Every
person who shall knowingly and willfully forge or counterfeit, or cause or
procure to be forged or counterfeited, upon any goods, wares or merchandise,
the private stamps or labels of any mechanic or manufacturer, with intent to
defraud the purchasers or manufacturers of any goods, wares or merchandise
whatsoever, shall, on conviction thereof, be deemed guilty of a misdemeanor.
[1911 C&P § 424; RL § 6689; NCL § 10376]—(NRS A
1967, 498)
NRS 205.200 Goods containing forged stamps. Any
person who shall sell any goods, wares or merchandise having thereon any forged
or counterfeit stamps or labels, purporting to be the stamps or labels of any
mechanic or manufacturer, knowing the same to be forged or counterfeited,
without disclosing the fact to the purchaser, shall, on conviction thereof, be
deemed guilty of a misdemeanor.
[1911 C&P § 425; RL § 6690; NCL § 10377]—(NRS A
1967, 498)
NRS 205.205 Counterfeiting trademark or design. Every
person who shall use or display or have in his or her possession with intent to
use or display the genuine label, trademark, term, design, device, or form of
advertisement of any person, corporation, association or union lawfully filed
for record according to law of the State, or the exclusive right to use which
is guaranteed to any person, corporation, association or union by the laws of
the United States, or of this State, without the written authority of such
person, corporation, association or union, or who shall willfully forge or
counterfeit or use or display or have in his or her possession with intent to
use or display any representation, likeness, similitude, copy or imitation of
any genuine label, trademark, term, design, device, or form of advertisement,
so filed or protected, or any die, plate, stamp or other device for
manufacturing the same, shall be guilty of a misdemeanor.
[1911 C&P § 426; RL § 6691; NCL § 10378]—(NRS A
1967, 498)
NRS 205.210 Selling, displaying or advertising goods with false trademark.
1. A person shall not knowingly sell,
display or advertise, or have in his or her possession with intent to sell, any
goods, wares, merchandise, mixture, preparation or compound having affixed
thereto any label, trademark, term, design, device or form of advertisement
lawfully filed for record in the Office of the Secretary of State by any
person, corporation, association or union, or the exclusive right to the use of
which is guaranteed to the person, corporation, association or union under the
laws of the United States, if the label, trademark, term, design, device or
form of advertisement has been used or affixed thereto without the written
authority of the person, corporation, association or union, or having affixed
thereto any forged or counterfeit representation, likeness, similitude, copy or
imitation thereof.
2. Except as otherwise provided in
subsection 3, a violation of the provisions of subsection 1 is a misdemeanor.
3. A violation of the provisions of
subsection 1 is:
(a) A category E felony if:
(1) The person committing the violation
has been previously convicted one time for a violation of the provisions of
subsection 1; or
(2) The goods, wares, merchandise, mixture,
preparation or compound with respect to which the person violated the
provisions of subsection 1:
(I) Consists of at least 100 but
less than 1,000 salable units; or
(II) Has a retail value of at least
$1,000 but less than $10,000.
(b) A category D felony if:
(1) The person committing the violation
has been previously convicted two or more times for a violation of the
provisions of subsection 1; or
(2) The goods, wares, merchandise,
mixture, preparation or compound with respect to which the person violated the
provisions of subsection 1:
(I) Consists of at least 1,000
salable units; or
(II) Has a retail value of at least
$10,000.
4. For the purposes of this section, in
accordance with the provisions of NRS
47.230, it may be reasonably inferred that a person intends to sell goods,
wares, merchandise, a mixture, a preparation or a compound if the person
knowingly possesses at least 26 salable units of the goods, wares, merchandise,
mixture, preparation or compound.
5. As used in this section, “retail value”
means:
(a) If the item that is identified by a label,
trademark, term, design, device or form of advertisement in violation of
subsection 1 is a component of a finished product with multiple components, the
price at which the person in violation of subsection 1 regularly sells the
finished product; or
(b) For any other item that is identified by a
label, trademark, term, design, device or form of advertisement in violation of
subsection 1, the price at which the person in violation of subsection 1
regularly sells the item.
[1911 C&P § 427; RL § 6692; NCL § 10379]—(NRS A 1999, 1139)
NRS 205.215 Fraudulent registration of trademark. Every
person who shall for himself or herself, or on behalf of any other person,
corporation, association or union, procure the filing of any label, trademark,
term, design, device or form of advertisement, by any fraudulent means, shall
be guilty of a misdemeanor.
[1911 C&P § 428; RL § 6693; NCL § 10380]
NRS 205.216 Unlawful operation of audiovisual recording function in motion
picture theater.
1. Except as otherwise provided in
subsection 5, it is unlawful for a person to, without the consent of the owner
or lessee of a motion picture theater, knowingly operate an audiovisual
recording function of any device in the motion picture theater with the intent
to record a motion picture that is being exhibited in that theater.
2. Unless a greater penalty is imposed by
a specific statute, a person who violates the provisions of subsection 1 is
guilty of:
(a) For a first offense, a misdemeanor; and
(b) For a second or any subsequent offense, a
category D felony and shall be punished as provided in NRS 193.130.
3. An owner or lessee of a motion picture
theater and an authorized agent or employee of an owner or lessee of a motion
picture theater who has reason to believe that a person has operated an
audiovisual recording function of any device in the motion picture theater in
violation of subsection 1 may take the person into custody and detain the
person, on the premises of the motion picture theater, in a reasonable manner
and for a reasonable length of time, for the purpose of informing a peace
officer of the circumstances of such detention. The owner, lessee, agent or
employee is presumed to have reason to believe that a person has operated an
audiovisual recording function of any device in violation of subsection 1 if
the owner, lessee, agent or employee observed the person aiming the device at a
screen or other surface while a motion picture was being exhibited on the
screen or other surface. Such taking into custody and detention by an owner,
lessee, agent or employee does not render the owner, lessee, agent or employee
criminally or civilly liable for false arrest, false imprisonment, slander or
unlawful detention unless the taking into custody and detention are
unreasonable under all the circumstances.
4. An owner, lessee, agent or employee is
not entitled to the immunity from liability provided for in this section unless
there is displayed in a conspicuous place on the premises of the motion picture
theater a notice in boldface type clearly legible and in substantially the
following form:
It is a crime to record a
movie in this theater. If the owner or lessee of the theater or an employee or
agent of the owner or lessee has reason to believe that a person is recording a
movie in this theater, he or she may detain the person on the premises of the
theater for the purpose of notifying a peace officer. Violators of this crime
are subject to arrest and prosecution. NRS 205.216.
5. This section does not prevent a
federal, state or local governmental agency or officer thereof who is engaged
in any lawful activity related to an investigation, protecting the public,
enforcing the laws or gathering information from operating any audiovisual
recording function of any device in a motion picture theater as part of that
lawful activity.
6. As used in this section:
(a) “Audiovisual recording function” means a
function which is capable of recording or transmitting a motion picture or any
part thereof by means of any technology now known or later developed.
(b) “Motion picture theater” means a movie
theater, screening room or other venue that is used primarily for the
exhibition of a motion picture.
(Added to NRS by 2005, 525)
NRS 205.217 Unlawful reproduction or sale of sound recordings.
1. Except as otherwise provided in
subsection 3, it is unlawful for any person, firm, partnership, corporation or
association knowingly to:
(a) Transfer or cause to be transferred any
sounds recorded on a phonograph record, disc, wire, tape, film or other article
on which sounds are recorded onto any other phonograph record, disc, wire,
tape, film or article; or
(b) Sell, distribute, circulate, offer for sale,
distribution or circulation, possess for the purpose of sale, distribution or
circulation, or cause to be sold, distributed, circulated, offered for sale,
distribution or circulation, or possessed for sale, distribution or
circulation, any article or device on which sounds have been transferred
without the consent of the person who owns the master phonograph record, master
disc, master tape or other device or article from which the sounds are derived.
2. It is unlawful for any person, firm,
partnership, corporation or association to sell, distribute, circulate, offer
for sale, distribution or circulation or possess for the purposes of sale,
distribution or circulation, any phonograph record, disc, wire, tape, film or
other article on which sounds have been transferred unless the phonograph
record, disc, wire, tape, film or other article bears the actual name and
address of the transferor of the sounds in a prominent place on its outside
face or package.
3. This section does not apply to any
person who transfers or causes to be transferred any sounds intended for or in
connection with radio or television broadcast transmission or related uses, for
archival purposes or solely for the personal use of the person transferring or
causing the transfer and without any compensation being derived by the person
from the transfer.
4. A person who violates the provisions of
this section shall be punished:
(a) For the first offense, for a category D
felony as provided in NRS 193.130.
(b) For a subsequent offense, for a category C
felony as provided in NRS 193.130.
(Added to NRS by 1973, 1121; A 1979, 1443; 1995, 1220)
LARCENY
NRS 205.2175 Definitions. As
used in NRS 205.2175 to 205.2707,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 205.218 to 205.2195,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 339; A 2009, 1243)
NRS 205.218 “Domesticated animals” defined. “Domesticated
animals” means all domesticated animals other than livestock.
(Added to NRS by 1997, 339)
NRS 205.2185 “Domesticated birds” defined. “Domesticated
birds” means all poultry and domesticated fowl or birds.
(Added to NRS by 1997, 339)
NRS 205.219 “Livestock” defined. “Livestock”
means:
1. All cattle or animals of the bovine
species;
2. All horses, mules, burros and asses or
animals of the equine species;
3. All swine or animals of the porcine
species;
4. All goats or animals of the caprine
species; and
5. All sheep or animals of the ovine
species.
(Added to NRS by 1997, 339)
NRS 205.2195 “Property” defined. “Property”
means:
1. Personal goods, personal property and
motor vehicles;
2. Money, negotiable instruments and other
items listed in NRS 205.260;
3. Livestock, domesticated animals and
domesticated birds; and
4. Any other item of value, whether or not
the item is listed in NRS 205.2175 to 205.2707, inclusive.
(Added to NRS by 1997, 339; A 2009, 1243)
NRS 205.220 Grand larceny: Definition. Except
as otherwise provided in NRS 205.226 and 205.228, a person commits grand larceny if the person:
1. Intentionally steals, takes and carries
away, leads away or drives away:
(a) Personal goods or property, with a value of
$650 or more, owned by another person;
(b) Bedding, furniture or other property, with a
value of $650 or more, which the person, as a lodger, is to use in or with his
or her lodging and which is owned by another person; or
(c) Real property, with a value of $650 or more,
that the person has converted into personal property by severing it from real
property owned by another person.
2. Uses a card or other device for
automatically withdrawing or transferring money in a financial institution to
obtain intentionally money to which the person knows he or she is not entitled.
3. Intentionally steals, takes and carries
away, leads away, drives away or entices away:
(a) One or more head of livestock owned by
another person; or
(b) One or more domesticated animals or
domesticated birds, with an aggregate value of $650 or more, owned by another
person.
4. With the intent to defraud, steal,
appropriate or prevent identification:
(a) Marks or brands, causes to be marked or
branded, alters or defaces a mark or brand, or causes to be altered or defaced
a mark or brand upon one or more head of livestock owned by another person;
(b) Sells or purchases the hide or carcass of one
or more head of livestock owned by another person that has had a mark or brand
cut out or obliterated;
(c) Kills one or more head of livestock owned by
another person but running at large, whether or not the livestock is marked or
branded; or
(d) Kills one or more domesticated animals or
domesticated birds, with an aggregate value of $650 or more, owned by another
person but running at large, whether or not the animals or birds are marked or
branded.
[1911 C&P § 373; A 1915, 119; 1947, 85; 1949,
127; 1943 NCL § 10323]—(NRS A 1965, 1007; 1967, 499; 1969, 531; 1979, 155, 1444; 1983, 546; 1989, 71, 1433; 1995, 13, 1221, 1323; 1997, 341; 2011, 163)
NRS 205.222 Grand larceny: Penalties.
1. Unless a greater penalty is imposed by
a specific statute, a person who commits grand larceny in violation of NRS 205.220 shall be punished pursuant to the
provisions of this section.
2. If the value of the property involved
in the grand larceny is less than $3,500, the person who committed the grand
larceny is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. If the value of the property involved
in the grand larceny is $3,500 or more, the person who committed the grand
larceny is guilty of 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.
4. In addition to any other penalty, the
court shall order the person who committed the grand larceny to pay
restitution.
5. If the grand larceny involved a sale in
violation of subsection 3 or 4 of NRS 205.220, all
proceeds from the sale are subject to forfeiture.
(Added to NRS by 1997, 339; A 2011, 164)
NRS 205.226 Grand larceny of firearm; penalty.
1. A person who intentionally
steals, takes and carries away a firearm owned by another person commits grand
larceny of a firearm.
2. A person who commits grand larceny of a
firearm is guilty of 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.
3. In addition to any other penalty, the
court shall order the person who committed the grand larceny of the firearm to
pay restitution.
(Added to NRS by 1997, 340)
NRS 205.228 Grand larceny of motor vehicle; penalty.
1. A person who intentionally steals,
takes and carries away, drives away or otherwise removes a motor vehicle owned
by another person commits grand larceny of a motor vehicle.
2. Except as otherwise provided in subsection
3, a person who commits grand larceny of a motor vehicle is guilty of a
category C felony and shall be punished as provided in NRS 193.130.
3. If the prosecuting attorney proves that
the value of the motor vehicle involved in the grand larceny is $3,500 or more,
the person who committed the grand larceny of the motor vehicle is guilty of 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.
4. In addition to any other penalty, the
court shall order the person who committed the grand larceny of the motor
vehicle to pay restitution.
(Added to NRS by 1997, 340; A 2011, 164)
NRS 205.230 Duties of peace officer concerning grand larceny of animal.
1. All state, county, city and township
peace and law enforcement officers are empowered and directed to pursue,
apprehend and arrest whenever or wherever, irrespective of county boundaries
within the State, a person who commits grand larceny in violation of subsection
3 or 4 of NRS 205.220.
2. Upon apprehension and arrest of a
person pursuant to subsection 1, the arresting officer shall take the person
before the nearest or most accessible magistrate without unnecessary delay.
[1911 C&P § 375a; added 1951, 299] + [1911
C&P § 375b; added 1951, 299]—(NRS A 1967, 176; 1983, 855; 1997, 342)
NRS 205.240 Petit larceny; penalty.
1. Except as otherwise provided in NRS 205.220, 205.226, 205.228, 475.105
and 501.3765, a person commits petit
larceny if the person:
(a) Intentionally steals, takes and carries away,
leads away or drives away:
(1) Personal goods or property, with a
value of less than $650, owned by another person;
(2) Bedding, furniture or other property,
with a value of less than $650, which the person, as a lodger, is to use in or
with his or her lodging and which is owned by another person; or
(3) Real property, with a value of less
than $650, that the person has converted into personal property by severing it
from real property owned by another person.
(b) Intentionally steals, takes and carries away,
leads away, drives away or entices away one or more domesticated animals or
domesticated birds, with an aggregate value of less than $650, owned by another
person.
2. Unless a greater penalty is provided pursuant
to NRS 205.267, a person who commits petit larceny
is guilty of a misdemeanor. In addition to any other penalty, the court shall
order the person to pay restitution.
[1911 C&P § 374; A 1947, 85; 1949, 127; 1943 NCL
§ 10324]—(NRS A 1965, 300, 1007; 1967, 500; 1969, 531; 1983, 547; 1985, 751; 1989, 1434; 1995, 13; 1997, 342, 1114; 1999, 3109; 2009, 1243;
2011, 165;
2013, 1003)
NRS 205.251 Determination of value of property involved in larceny offense. For the purposes of NRS
205.2175 to 205.2707, inclusive:
1. The value of property involved in a
larceny offense shall be deemed to be the highest value attributable to the
property by any reasonable standard.
2. The value of property involved in
larceny offenses committed by one or more persons pursuant to a scheme or
continuing course of conduct may be aggregated in determining the grade of the
larceny offenses.
(Added to NRS by 1997, 340; A 2009, 1243)
NRS 205.260 Negotiable and other instruments subjects of larceny. Bonds, promissory notes, banknotes, bills of
exchange, or other bills, orders, drafts, checks, travelers’ checks, money
orders, receipts or certificates, or warrants for or concerning money, goods or
property, due, or to become due, or to be delivered, or any public security
issued by the United States or by this state, and any deed or writing
containing a conveyance of land or valuable contract, in force, or any release
or defeasance, or any other instrument whatever, shall be considered personal
goods, of which larceny may be committed; and the money due thereon, or secured
thereby and remaining unsatisfied, or which, in any event or contingency, might
be due or collectible thereon, or the value of the property transferred or
affected thereby, as the case may be, shall be deemed the value of the article
stolen.
[1911 C&P § 380; RL § 6645; NCL § 10332]—(NRS A
1973, 175)
NRS 205.265 Commission or part ownership no defense for larceny. It shall be no defense to a prosecution for
larceny that the accused was entitled to a commission out of the money or
property appropriated as compensation for collecting or receiving the same for
or on behalf of the owner thereof, or that the money or property appropriated
was partly the property of another and partly the property of the accused; but
it shall not be larceny for any bailee, factor, pledgee, servant, attorney,
agent, employee or trustee, executor, administrator, guardian, officer or other
person to retain his or her reasonable collection fee or charges.
[1911 C&P § 387; RL § 6652; NCL § 10339]
NRS 205.267 Penalty for theft of scrap metal or utility property.
1. A person who intentionally steals,
takes and carries away scrap metal or utility property with a value of less
than $650 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 $650 or
more within a period of 90 days is guilty of:
(a) If the value of the scrap metal or utility
property taken is less than $3,500, a category C felony and shall be punished
as provided in NRS 193.130; or
(b) If the value of the scrap metal or utility
property taken is $3,500 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 10 years, and by a fine of not more than $10,000.
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)
NRS 205.270 Penalty for taking property from person of another under
circumstances not amounting to robbery; limitation on granting of probation or
suspension of sentence.
1. A person who, under circumstances not
amounting to robbery, with the intent to steal or appropriate to his or her own
use, takes property from the person of another, without the other person’s
consent, is guilty of:
(a) If the value of the property taken is less
than $3,500, a category C felony and shall be punished as provided in NRS 193.130; or
(b) If the value of the property taken is $3,500
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 10 years, and by a fine of not more than $10,000.
2. In addition to any other penalty, the
court shall order the person to pay restitution.
3. The court shall not grant probation to
or suspend the sentence of any person convicted of violating subsection 1 if
the person from whom the property was taken has any infirmity caused by age or
other physical condition.
[1911 C&P § 557; RL § 6822; NCL § 10502]—(NRS A
1967, 500; 1979,
1445; 1985,
1868; 1995,
1222; 1997,
343; 2011,
165)
NRS 205.2705 Use of unlawful coin or cheating device in vending machine,
telephone or other coin operated device prohibited; penalty.
1. It is unlawful for any person, in using
any lawful vending machine, coin box, telephone or other receptacle designed to
receive or be operated by lawful coin of the United States of America in
furtherance of or in connection with the sale, use or enjoyment of property or
service:
(a) To use other than lawful coin, legal tender
of the United States of America, or coin not of the same denomination as the
coin intended to be used in such device; or
(b) To use or have on his or her person any
cheating or thieving device to facilitate removing from any lawful vending
machine, coin box, telephone or other receptacle any part of the contents
thereof.
2. Every person who violates any of the
provisions of this section is guilty of a gross misdemeanor.
(Added to NRS by 1973, 446)
NRS 205.2707 Penalty for theft of money or property of value of $650 or more
from vending machines; determination of value of property taken includes cost
to repair any damage to vending machine.
1. A person who intentionally steals,
takes and carries away property of the value of $650 or more from vending
machines within a period of 1 week is guilty of:
(a) If the value of the property taken is less
than $3,500, a category C felony and shall be punished as provided in NRS 193.130; or
(b) If the value of the property taken is $3,500
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 10 years, and by a fine of not more than $10,000.
2. In addition to any other penalty, the
court shall order the person to pay restitution.
3. In determining the value of the
property taken, the cost of repairing damaged vending machines and replacing
any machine, if necessary, must be added to the value of the property.
(Added to NRS by 1985, 710; A 1989, 1434; 1995, 1222; 1997, 343; 2011, 166)
MOTOR VEHICLES
NRS 205.271 “Owner” defined. As
used in NRS 205.2715, 205.273
and 205.274, the word “owner” means a person having
the lawful use or control or the right to the use and control of a vehicle
under a lease or otherwise for a period of 10 or more successive days.
(Added to NRS by 1963, 886; A 1969, 531; 1975, 143)
NRS 205.2715 Unlawful taking of vehicle: Inference; penalty.
1. Every person who takes and carries away
or drives away the vehicle of another without the intent to permanently deprive
the owner thereof but without the consent of the owner of such vehicle is
guilty of a gross misdemeanor.
2. Every person who is in possession of a
vehicle without the consent of the owner of such vehicle may reasonably be
inferred to have taken and carried away or driven away the vehicle.
3. “Vehicle” as used in this section means
every device in, upon or by which any person or property is or may be
transported or drawn upon a public highway, waterway or airway, excepting
devices moved by human power or used exclusively upon stationary rails or
tracks.
(Added to NRS by 1973, 1686; A 1983, 718)
NRS 205.273 Offense involving stolen vehicle: Definition; penalty;
restitution; determination of value of vehicle.
1. A person commits an offense involving a
stolen vehicle if the person:
(a) With the intent to procure or pass title to a
motor vehicle which the person knows or has reason to believe has been stolen,
receives or transfers possession of the vehicle from or to another person; or
(b) Has in his or her possession a motor vehicle
which the person knows or has reason to believe has been stolen.
2. The provisions of subsection 1 do not
apply to an officer of the law if the officer is engaged in the performance of
his or her duty as an officer at the time of the receipt, transfer or
possession of the stolen vehicle.
3. Except as otherwise provided in
subsection 4, a person who violates the provisions of subsection 1 is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
4. If the prosecuting attorney proves that
the value of the vehicle involved is $3,500 or more, the person who violated
the provisions of subsection 1 is guilty of 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.
5. In addition to any other penalty, the
court shall order the person to pay restitution.
6. For the purposes of this section, the
value of a vehicle shall be deemed to be the highest value attributable to the
vehicle by any reasonable standard.
(Added to NRS by 1961, 269; A 1967, 501; 1979, 1445; 1995, 1222; 1997, 344; 2011, 166)
NRS 205.274 Injuring or tampering with vehicle; penalties.
1. Any person who shall individually or in
association with one or more other persons willfully break, injure, tamper with
or remove any part or parts of any vehicle for the purpose of injuring,
defacing or destroying such vehicle, or temporarily or permanently preventing
its useful operation, or for any purpose against the will or without the
consent of the owner of such vehicle, or who shall in any manner willfully or
maliciously interfere with or prevent the running or operation of such vehicle,
shall be guilty of a public offense proportionate to the value of the loss
resulting therefrom.
2. Any person who shall without the
consent of the owner or person in charge of a vehicle climb into or upon such
vehicle with the intent to commit any crime, malicious mischief, or injury
thereto, or who while a vehicle is at rest and unattended shall attempt to
manipulate any of the levers, starting crank or other starting device, brakes
or other mechanism thereof, or to set such vehicle in motion, shall be guilty
of a misdemeanor; but the foregoing provisions shall not apply when any such
act is done in an emergency in furtherance of public safety or convenience or
by or under the direction of an officer in the regulation of traffic or
performance of any other official duty.
(Added to NRS by 1961, 269; A 1967, 501)
NRS 205.2741 Throwing substance at or willfully damaging bicycle or motor
vehicle; penalty.
1. It is unlawful for any person:
(a) To throw any stone, rock, missile or any
substance at any bicycle, or at any motorbus, truck or other motor vehicle; or
(b) Wrongfully to injure, deface or damage any
bicycle, or any motorbus, truck or other motor vehicle, or any part thereof.
2. Any person who violates any of the
provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of
the property damaged and in no event less than a misdemeanor.
(Added to NRS by 1971, 722; A 1979, 157; 1991, 2232)
NRS 205.2745 Owning or operating premises on which illegally obtained motor
vehicle is altered, destroyed, disassembled, reassembled or stored for certain
purposes; penalties.
1. A person who owns or operates a
building or other premises shall not knowingly allow a motor vehicle or part of
a motor vehicle that is illegally obtained by theft, fraud or conspiracy to
defraud to be altered, destroyed, disassembled, reassembled or stored at the
building or premises for the purpose of:
(a) Defacing, destroying or altering the identity
of the motor vehicle or the part of a motor vehicle, including, without
limitation, the identification number, to misrepresent the identity of or
prevent the identification of the motor vehicle or the part; or
(b) Selling or disposing of the motor vehicle or
the part of a motor vehicle.
2. A person who violates the provisions of
subsection 1 is guilty of a category C felony and shall be punished as provided
in NRS 193.130, and may be further
punished by a fine of not more than $50,000.
3. As used in this section, “motor
vehicle” has the meaning ascribed to it in NRS
482.075.
(Added to NRS by 1999, 2059)
NRS 205.2747 Unlawful transfer or assignment of right or interest in motor
vehicle; penalty.
1. A person, other than a party to the
lease contract, retail installment contract or security agreement, for
compensation or some other consideration, shall not transfer or assign, or
purport to transfer or assign, any right or interest in a motor vehicle that is
subject to a lease contract, retail installment contract or security agreement
the terms of which prohibit the transfer or assignment of any right or interest
in the motor vehicle to any person who is not a party to the contract or
agreement.
2. A person shall not assist, cause or
arrange for a person to violate the provisions of subsection 1.
3. This section does not affect the
enforceability of any provision of any lease contract, retail installment
contract, security agreement or direct loan agreement by any party to the
contract or agreement.
4. In addition to any other penalty, a
person who violates the provisions of this section is guilty of a gross
misdemeanor.
5. As used in this section:
(a) “Buyer” means a person who buys or hires a
motor vehicle pursuant to a retail installment contract.
(b) “Direct loan agreement” means an agreement
between a lender and a purchaser by which the lender has advanced money
pursuant to a loan secured by a motor vehicle which the purchaser has purchased.
(c) “Lease contract” means a contract for or in
contemplation of a lease or bailment for the use of a motor vehicle, and the
purchase of services incidental to the lease or bailment, by a natural person
for a term exceeding 4 months, primarily for personal, family, household,
business or commercial purposes.
(d) “Lessor” means a person who is engaged in the
business of leasing, offering to lease or arranging the lease of a motor
vehicle under a lease contract. The term includes a bailor.
(e) “Motor vehicle” means a motor vehicle which
is required to be registered pursuant to chapter
482 of NRS.
(f) “Purchaser” has the meaning ascribed to it in
NRS 104.1201.
(g) “Retail installment contract” means a retail
installment contract as defined in NRS
97.105 pursuant to which the title to or lien upon a motor vehicle, which
is the subject matter of the retail installment transaction, is retained or
taken by a seller from a buyer as security for the buyer’s obligation.
(h) “Retail installment transaction” means a
transaction in which a buyer purchases a motor vehicle from a seller pursuant
to a retail installment contract which provides for a finance charge and under
which the buyer agrees to pay the total of payments in one or more
installments. As used in this paragraph:
(1) “Amount financed” means the cash sale
price of the motor vehicle which is the subject matter of a retail installment
contract less the amount of the buyer’s down payment in money or goods, or
both, plus the amounts, if any, included therein, if a separate identified
charge is made therefor and stated in the contract, for insurance and official
fees.
(2) “Finance charge” means the cost of
credit indicated in a dollar amount. The term includes any charge payable
directly or indirectly by the buyer and imposed directly or indirectly by the
seller as an incident to or a condition of the extension of credit. The term
does not include any charge of a type payable in a comparable cash transaction.
(3) “Total of payments” means the amount
financed plus the finance charge.
(i) “Secured party” has the meaning ascribed to
it in NRS 104.9102.
(j) “Security agreement” has the meaning ascribed
to it in NRS 104.9102.
(k) “Seller” means a person engaged in the
business of selling or leasing motor vehicles pursuant to retail installment
contracts.
(Added to NRS by 2005, 1423)
BUYING OR RECEIVING STOLEN GOODS
NRS 205.275 Offense involving stolen property: Definition; penalty;
restitution; prima facie evidence; determination of value of property.
1. Except as otherwise provided in NRS 501.3765, a person commits an offense
involving stolen property if the person, for his or her own gain or to prevent
the owner from again possessing the owner’s property, buys, receives, possesses
or withholds property:
(a) Knowing that it is stolen property; or
(b) Under such circumstances as should have
caused a reasonable person to know that it is stolen property.
2. A person who commits an offense
involving stolen property in violation of subsection 1:
(a) If the value of the property is less than
$650, is guilty of a misdemeanor;
(b) If the value of the property is $650 or more
but less than $3,500, is guilty of a category C felony and shall be punished as
provided in NRS 193.130; or
(c) If the value of the property is $3,500 or
more or if the property is a firearm, is guilty of 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.
3. In addition to any other penalty, the
court shall order the person to pay restitution.
4. A person may be prosecuted and
convicted pursuant to this section whether or not the principal is or has been
prosecuted or convicted.
5. Possession by any person of three or
more items of the same or a similar class or type of personal property on which
a permanently affixed manufacturer’s serial number or manufacturer’s
identification number has been removed, altered or defaced, is prima facie
evidence that the person has violated this section.
6. For the purposes of this section, the
value of the property involved shall be deemed to be the highest value
attributable to the property by any reasonable standard.
7. As used in this section, “stolen
property” means property that has been taken from its owner by larceny,
robbery, burglary, embezzlement, theft or any other offense that is a crime
against property, whether or not the person who committed the taking is or has
been prosecuted or convicted for the offense.
[1911 C&P § 383; A 1951, 29]—(NRS A 1967, 502;
1971, 925; 1979,
561, 1445;
1989, 1434;
1995, 13, 1223, 1323; 1997, 344; 1999, 402; 2011, 166; 2013, 1003)
NRS 205.290 Restoration of stolen property to owner. All property obtained by larceny, robbery,
burglary or embezzlement and found in the possession of the thief or embezzler
thereof, or in the possession of any receiver or wrongful possessor of stolen
property, shall be restored to the owner.
[1911 C&P § 385; A 1935, 370; 1931 NCL §
10337]—(NRS A 1971, 926)
NRS 205.295 Restoration of stolen property: Duties of officers. The officer arresting any person charged as
principal or accessory in any robbery or larceny shall use reasonable diligence
to secure the property alleged to have been stolen, and after seizure shall be
answerable therefor while it remains in the officer’s hands, and shall annex a
schedule thereof to the return of the warrant. Whenever the district attorney
shall require such property for use as evidence upon the examination or trial,
such officer, upon the demand of the district attorney, shall deliver it to the
district attorney and take a receipt therefor, after which such district
attorney shall be answerable for the same.
[1911 C&P § 386; RL § 6651; NCL § 10338]
EMBEZZLEMENT
NRS 205.300 Definition; punishment.
1. Any bailee of any money, goods or
property, who converts it to his or her own use, with the intent to steal it or
to defraud the owner or owners thereof and any agent, manager or clerk of any
person, corporation, association or partnership, or any person with whom any
money, property or effects have been deposited or entrusted, who uses or
appropriates the money, property or effects or any part thereof in any manner
or for any other purpose than that for which they were deposited or entrusted,
is guilty of embezzlement, and shall be punished in the manner prescribed by
law for the stealing or larceny of property of the kind and name of the money,
goods, property or effects so taken, converted, stolen, used or appropriated.
2. The value of all the money, goods,
property or effects misappropriated in separate acts of embezzlement must be
combined for the purpose of imposing punishment for the offense charged if:
(a) The separate acts were committed against the
same person within 6 months before the offense;
(b) None of the individual acts is punishable as
a felony; and
(c) The cumulative value of all the money, goods,
property and effects misappropriated is sufficient to make the offense
punishable as a felony.
3. Any use of the money, goods or property
by any bailee thereof, other than that for which it was borrowed, hired,
deposited, carried, received or collected, is prima facie evidence of
conversion and of intent to steal the same and defraud the owner or owners thereof.
4. The term “bailee,” as used in this
section, means all persons with whom any money, goods or property has been
deposited, all persons to whom any goods or property has been loaned or hired,
all persons to whom any goods or property has been delivered, and all persons
who are, either as agent, collector or servant, empowered, authorized or
entrusted to carry, collect or receive any money, goods or property of another.
[1911 C&P § 388; RL § 6653; NCL § 10340]—(NRS A 1985, 978)
NRS 205.305 Prima facie evidence of embezzlement. If
any clerk, apprentice, servant, or any other person whatsoever, whether bound
or hired, to whom any money or goods, or chattels, or other property, shall be
entrusted, for any purpose whatsoever, by his or her master, employer, or any
other person or persons, corporation or corporations, by whom he or she may be
entrusted, shall withdraw himself or herself and shall go away with the money,
goods, chattels or property, or any part thereof, with the intent to steal the
same, and defraud the master, employer or any other person or persons,
corporation or corporations, of the same, or being in the service of his or her
master, or employer, corporation or corporations, or any other person or firm,
shall embezzle the money, goods, chattels or property, or any part thereof, or
shall otherwise convert the same to his or her own use, it shall be prima facie
evidence of the intent to steal the same, and every such person or persons so
offending shall be punished in the manner prescribed by law for feloniously
stealing property of the value of the articles so taken, embezzled, stolen or
converted.
[1911 C&P § 389; RL § 6654; NCL § 10341]
NRS 205.310 Contractor failing to pay for labor or material. Every person having entered into a contract to
supply any labor or materials for the value or price of which any lien might
lawfully be filed upon the property of another, who shall receive the full
price or consideration thereof, or the amount of any account stated thereon, or
part payment thereon, shall be deemed to receive the same as the agent of the
party with whom such contract was made or his or her successor or assign, for
the purpose of paying all claims for labor and materials supplied, insofar as
the money so received will pay such claims.
[1911 C&P § 390; RL § 6655; NCL § 10342]
NRS 205.312 Willful or intentional failure to return leased or rented
vehicle to owner: Inference of embezzlement. Whenever
any person who has leased or rented a vehicle willfully and intentionally fails
to return the vehicle to its owner within 72 hours after the lease or rental
agreement has expired, that person may reasonably be inferred to have embezzled
the vehicle.
(Added to NRS by 1963, 393; A 1983, 718)
EXTORTION
NRS 205.320 Threats. A person
who, with the intent to extort or gain any money or other property or to compel
or induce another to make, subscribe, execute, alter or destroy any valuable
security or instrument or writing affecting or intended to affect any cause of
action or defense, or any property, or to influence the action of any public
officer, or to do or abet or procure any illegal or wrongful act, whether or
not the purpose is accomplished, threatens directly or indirectly:
1. To accuse any person of a crime;
2. To injure a person or property;
3. To publish or connive at publishing any
libel;
4. To expose or impute to any person any
deformity or disgrace; or
5. To expose any secret,
Ê is guilty of
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, or by a fine of not more than $10,000, or by both fine and
imprisonment. In addition to any other penalty, the court shall order the person
to pay restitution.
[1911 C&P § 474; RL § 6739; NCL § 10423]—(NRS A
1967, 502; 1979,
1445; 1995,
1223)
NRS 205.322 Extortionate collection of debt. A
person who causes a debtor to have a reasonable apprehension that a delay in
repaying the debt could result in the use of violence or other criminal means
to:
1. Harm physically the debtor or any other
person; or
2. Damage any property belonging to or in
the custody of the debtor,
Ê is guilty of
extortionate collection of debt which is 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 6 years, and may be further
punished by a fine of not more than $10,000. In addition to any other penalty,
the court shall order the person to pay restitution.
(Added to NRS by 1983, 1494; A 1995, 1223)
FRAUD AND FALSE PERSONATION
NRS 205.330 Fraudulent conveyances. Every
person who shall be a party to any fraudulent conveyance of any lands,
tenements or hereditaments, goods or chattels, or any right or interest issuing
out of the same, or to any bond, suit, judgment or execution, contract or
conveyance, had, made or contrived with intent to deceive and defraud others,
or to defeat, hinder or delay creditors or others of their just debts, damages
or demands; or who, being a party as aforesaid, at any time shall wittingly and
willingly put in use, avow, maintain, justify or defend the same, or any of
them, as true and done, had, or made in good faith, or upon good consideration,
or shall alien, assign or sell any of the lands, tenements, hereditaments,
goods, chattels or other things before mentioned, conveyed to him or her as
aforesaid, or any part thereof, is guilty of a gross misdemeanor.
[1911 C&P § 430; RL § 6695; NCL § 10382]—(NRS A
1967, 502)
NRS 205.335 Sale or removal of goods subject to security interest by debtor
in possession without consent of secured party.
1. The debtor in possession of goods
subject to a security interest shall not sell or dispose of any such property,
or remove the same from the county wherein the goods are located at the time
the security agreement thereupon is executed, during the time the security
agreement is in force, without the written consent of the secured party first
had and obtained.
2. Any person violating any of the
provisions of subsection 1, with intent to hinder, delay or defraud the secured
party, shall be deemed guilty of a gross misdemeanor.
[1911 C&P § 432; A 1935, 260; 1931 NCL § 10384] +
[1911 C&P § 433; A 1935, 260; 1931 NCL § 10385]—(NRS A 1965, 928)
NRS 205.340 Sale or creation of security interest in personal property
subject to security interest or lien without informing purchaser or secured
party. Every person who shall sell
or create a security interest in any personal property which is at the time
subject to a security interest or upon which any lien has been or may lawfully
be filed, without informing the purchaser or secured party before the payment
of the purchase price or money loaned of the several amounts of all such
security interests and liens known to the seller or debtor, shall be deemed to
have made a false representation and shall, where no other punishment is
prescribed, be punished as for a gross misdemeanor.
[1911 C&P § 434; RL § 6699; NCL § 10386]—(NRS A
1965, 928)
NRS 205.345 Destruction or removal of personal property upon which security
interest or lease exists.
1. Every person being in possession
thereof, who shall remove, conceal or destroy or connive at or consent to the
removal, concealment or destruction of any personal property or any part
thereof, upon which a security interest or lease exists, in such a manner as to
hinder, delay or defraud the secured party or lessor, or who, with intent to
hinder, delay or defraud the secured party or lessor, shall sell, remove,
conceal or destroy or connive at or consent to the removal, concealment or
destruction of such property, shall be guilty of a gross misdemeanor.
2. In any prosecution under this section
any allegation containing a description of the security agreement or lease by
reference to the date thereof and names of the parties thereto, shall be
sufficiently definite and certain.
[1911 C&P § 435; RL § 6700; NCL § 10387]—(NRS A
1965, 928)
NRS 205.350 Removal or sale of property to defraud creditors. If any debtor shall fraudulently remove his or
her property or effects out of this state, or shall fraudulently sell, convey
or assign, or conceal his or her property or effects, with intent to defraud,
hinder or delay his or her creditors of their just rights, claims or demands,
the debtor is guilty of a gross misdemeanor.
[1911 C&P § 436; RL § 6701; NCL § 10388]—(NRS A
1967, 503)
NRS 205.355 Fraudulent sale or concealment of personal property after action
commenced or judgment rendered. Any
person against whom an action is pending, or against whom a judgment has been
rendered for the recovery of any personal property or effects, who shall
fraudulently conceal, sell or dispose of such property or effects, with intent
to hinder, delay or defraud the person bringing such action or recovering such
judgment, or shall, with such intent, remove such property or effects beyond
the limits of the county in which it may be at the time of the commencement of
such action, or the rendering of such judgment, shall, on conviction, be
punished as provided in NRS 205.350.
[1911 C&P § 437; RL § 6702; NCL § 10389]
NRS 205.360 Knowingly receiving fraudulent conveyance. Every person who shall receive any property or
conveyance thereof from another, knowing that the same is transferred or
delivered in violation of, or with the intent to violate, any provision of NRS 205.345, 205.350 and 205.355, shall be guilty of a misdemeanor.
[1911 C&P § 438; RL § 6703; NCL § 10390]
NRS 205.365 Fraudulently selling real estate twice. A
person, after once selling, bartering or disposing of any tract of land, town
lot, or executing any bond or agreement for the sale of any land or town lot,
who again, knowingly and fraudulently, sells, barters or disposes of the same
tract of land or lot, or any part thereof, or knowingly and fraudulently
executes any bond or agreement to sell, barter or dispose of the same land or
lot, or any part thereof, to any other person, for a valuable consideration,
shall be punished:
1. Where the value of the property
involved is $650 or more, for a category C felony as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
2. Where the value of the property is less
than $650, for a misdemeanor.
[1911 C&P § 462; RL § 6727; NCL § 10415]—(NRS A
1967, 503; 1979,
1446; 1989,
1435; 1995,
1224; 2011,
167)
NRS 205.370 Swindling; credit by false representations. A person who, by false representations of his
or her own wealth, or mercantile correspondence and connections, obtains a
credit thereby and defrauds any person of money, goods, chattels or any
valuable thing, or if a person causes or procures another to report falsely of
his or her wealth or mercantile character, and by thus imposing upon any person
obtains credit and thereby fraudulently gets into the possession of goods,
wares or merchandise, or other valuable thing, is a swindler, and must be
sentenced to return the property fraudulently obtained, if it can be done, or
to pay restitution and shall be punished:
1. Where the amount of money or the value
of the chattels, goods, wares or merchandise, or other valuable thing so
obtained is $650 or more, for a category C felony as provided in NRS 193.130.
2. Otherwise, for a misdemeanor.
[1911 C&P § 431; RL § 6696; NCL § 103.83]—(NRS A
1967, 503; 1979,
1446; 1989,
1435; 1995,
1224; 2011,
167)
NRS 205.372 Mortgage lending fraud; penalties; civil action.
1. A person who is a participant in a
mortgage lending transaction and who:
(a) Knowingly makes a false statement or
misrepresentation concerning a material fact or knowingly conceals or fails to
disclose a material fact;
(b) Knowingly uses or facilitates the use of a
false statement or misrepresentation made by another person concerning a
material fact or knowingly uses or facilitates the use of another person’s
concealment or failure to disclose a material fact;
(c) Receives any proceeds or any other money in
connection with a mortgage lending transaction that the person knows resulted
from a violation of paragraph (a) or (b);
(d) Conspires with another person to violate any
of the provisions of paragraph (a), (b) or (c); or
(e) Files or causes to be filed with a county
recorder any document that the person knows to include a misstatement,
misrepresentation or omission concerning a material fact,
Ê commits the
offense of mortgage lending fraud which is a category C felony and, upon
conviction, 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, or
by a fine of not more than $10,000, or by both fine and imprisonment.
2. A person who engages in a pattern of
mortgage lending fraud or conspires or attempts to engage in a pattern of
mortgage lending fraud is guilty of a category B felony and, upon conviction,
shall be punished by imprisonment in the state prison for a minimum term of not
less than 3 years and a maximum term of not more than 20 years, or by a fine of
not more than $50,000, or by both fine and imprisonment.
3. Each mortgage lending transaction in
which a person violates any provision of subsection 1 constitutes a separate
violation.
4. Except as otherwise provided in this
subsection, if a lender or any agent of the lender is convicted of the offense
of mortgage lending fraud in violation of this section, the mortgage lending
transaction with regard to which the fraud was committed may be rescinded by
the borrower within 6 months after the date of the conviction if the borrower
gives written notice to the lender and records that notice with the recorder of
the county in which the mortgage was recorded. A mortgage lending transaction
may not be rescinded pursuant to this subsection if the lender has transferred
the mortgage to a bona fide purchaser.
5. The Attorney General may investigate
and prosecute a violation of this section.
6. In addition to the criminal penalties
imposed for a violation of this section, any person who violates this section
is subject to a civil penalty of not more than $5,000 for each violation. This
penalty must be recovered in a civil action, brought in the name of the State
of Nevada by the Attorney General. In such an action, the Attorney General may
recover reasonable attorney’s fees and costs.
7. The owner or holder of the beneficial
interest in real property which is the subject of mortgage lending fraud may
bring a civil action in the district court in and for the county in which the
real property is located to recover any damages suffered by the owner or holder
of the beneficial interest plus reasonable attorney’s fees and costs.
8. As used in this section:
(a) “Bona fide purchaser” means any person who
purchases a mortgage in good faith and for valuable consideration and who does
not know or have reasonable cause to believe that the lender or any agent of
the lender engaged in mortgage lending fraud in violation of this section.
(b) “Mortgage lending transaction” means any
transaction between two or more persons for the purpose of making or obtaining,
attempting to make or obtain, or assisting another person to make or obtain a
loan that is secured by a mortgage or other lien on residential real property.
The term includes, without limitation:
(1) The solicitation of a person to make
or obtain the loan;
(2) The representation or offer to
represent another person to make or obtain the loan;
(3) The negotiation of the terms of the
loan;
(4) The provision of services in
connection with the loan; and
(5) The execution of any document in
connection with making or obtaining the loan.
(c) “Participant in a mortgage lending transaction”
includes, without limitation:
(1) A borrower as defined in NRS 598D.020;
(2) An escrow agent as defined in NRS 645A.010;
(3) A foreclosure consultant as defined in
NRS 645F.320;
(4) A foreclosure purchaser as defined in NRS 645F.330;
(5) An investor as defined in NRS 645B.0121;
(6) A lender as defined in NRS 598D.050;
(7) A loan modification consultant as
defined in NRS 645F.365;
(8) A mortgage agent as defined in NRS 645B.0125;
(9) A mortgage banker as defined in NRS 645E.100; and
(10) A mortgage broker as defined in NRS 645B.0127.
(d) “Pattern of mortgage lending fraud” means one
or more violations of a provision of subsection 1 committed in two or more
mortgage lending transactions which have the same or similar purposes, results,
accomplices, victims or methods of commission, or are otherwise interrelated by
distinguishing characteristics.
(Added to NRS by 2007, 2850; A 2009, 1462;
2011, 336,
1748)
NRS 205.375 False written statements to obtain property or credit. Any person:
1. Who shall knowingly make or cause to be
made, either directly or indirectly, or through any agency whatsoever, any
false statement in writing, with intent that it shall be relied upon,
respecting the financial condition or means or ability to pay, of himself or
herself, or of any other person, firm or corporation, in which he or she is
interested, or for whom or which he or she is acting, for the purpose of
procuring in any form whatsoever, either the delivery of personal property, the
payment of cash, the making of a loan or credit, the extension of a credit, the
discount of an account receivable, or the making, acceptance, discount, sale or
endorsement of a bill of exchange, or promissory note, for the benefit of
either himself or herself or of such person, firm or corporation;
2. Who, knowing that a false statement in
writing has been made, respecting the financial condition or means or ability
to pay, of himself or herself, or of such person, firm or corporation, in which
he or she is interested, or for whom he or she is acting, procures, upon the
faith thereof, for the benefit either of himself or herself, or of such person,
firm or corporation, either or any of the things of benefit mentioned in
subsection 1; or
3. Who, knowing that a statement in
writing has been made respecting the financial condition or means or ability to
pay, of himself or herself or of such person, firm or corporation, in which he
or she is interested, or for whom he or she is acting, represents on a later
day, either orally or in writing, that such statement theretofore made, if then
again made on that day, would be then true, when, in fact, the statement if
then made would be false, and procures upon the faith thereof, for the benefit
either of himself or herself or such person, firm or corporation, either or any
of the things of benefit mentioned in subsection 1,
Ê shall be
guilty of a misdemeanor.
[1:193:1923; NCL § 10599]—(NRS A 1967, 503)
NRS 205.377 Multiple transactions involving fraud or deceit in course of
enterprise or occupation; penalty.
1. A person shall not, in the course of an
enterprise or occupation, knowingly and with the intent to defraud, engage in
an act, practice or course of business or employ a device, scheme or artifice
which operates or would operate as a fraud or deceit upon a person by means of
a false representation or omission of a material fact that:
(a) The person knows to be false or omitted;
(b) The person intends another to rely on; and
(c) Results in a loss to any person who relied on
the false representation or omission,
Ê in at least
two transactions that have the same or similar pattern, intents, results,
accomplices, victims or methods of commission, or are otherwise interrelated by
distinguishing characteristics and are not isolated incidents within 4 years
and in which the aggregate loss or intended loss is more than $650.
2. Each act which violates subsection 1
constitutes a separate offense.
3. A person who violates subsection 1 is
guilty of 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 may be further punished by a fine of not more than
$10,000.
4. In addition to any other penalty, the
court shall order a person who violates subsection 1 to pay restitution.
5. A violation of this section constitutes
a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
6. As used in this section, “enterprise”
has the meaning ascribed to it in NRS
207.380.
(Added to NRS by 2009, 143;
A 2011, 168)
NRS 205.380 Obtaining money, property, rent or labor by false pretenses.
1. A person who knowingly and designedly
by any false pretense obtains from any other person any chose in action, money,
goods, wares, chattels, effects or other valuable thing, including rent or the
labor of another person not his or her employee, with the intent to cheat or
defraud the other person, is a cheat, and, unless otherwise prescribed by law,
shall be punished:
(a) If the value of the thing or labor
fraudulently obtained was $650 or more, for a category B felony by imprisonment
in the state prison for a minimum term of not less than 1 year and a maximum
term of not more than 6 years, or by a fine of not more than $10,000, or by
both fine and imprisonment. In addition to any other penalty, the court shall
order the person to pay restitution.
(b) If the value of the thing or labor
fraudulently obtained was less than $650, for a misdemeanor, and must be
sentenced to restore the property fraudulently obtained, if it can be done, or
tender payment for rent or labor.
2. For the purposes of this section, it is
prima facie evidence of an intent to defraud if the drawer of a check or other
instrument given in payment for:
(a) Property which can be returned in the same
condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner
whenever a written estimate was furnished before the labor was performed and
the actual cost of the labor does not exceed the estimate,
Ê stops
payment on that instrument and fails to return or offer to return the property
in that condition, or to specify in what way the labor was deficient within 5
days after receiving notice from the payee that the instrument has not been
paid by the drawee.
3. The notice must be sent to the drawer
by certified mail, return receipt requested, at the address shown on the
instrument. The notice must include a statement of the penalties set forth in
this section. Return of the notice because of nondelivery to the drawer raises
a rebuttable presumption of the intent to defraud.
4. A notice in boldface type clearly
legible and in substantially the following form must be posted in a conspicuous
place in every principal and branch office of every bank and in every place of
business in which retail selling is conducted or labor is performed for the
public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a
check or other instrument given in payment for property which can be returned
in the same condition in which it was originally received, rent or labor which
was completed in a workmanlike manner, and the failure to return or offer to
return the property in that condition or to specify in what way the labor was
deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value
of the property, rent or labor fraudulently obtained was $650 or more, as a
category B felony by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 6 years, or by a fine of
not more than $10,000, or by both fine and imprisonment.
2. If the value
of the property, rent or labor so fraudulently obtained was less than $650, as
a misdemeanor by imprisonment in the county jail for not more than 6 months, or
by a fine of not more than $1,000, or by both fine and imprisonment.
[1911 C&P § 439; A 1951, 29]—(NRS A 1967, 504; 1977, 1416; 1979, 1072, 1446, 1713; 1981, 2017; 1985, 251, 456; 1989, 1436; 1993, 1518; 1995, 1224; 1997, 9; 1999, 397; 2005, 1082; 2011, 168)
NRS 205.390 Obtaining signature by false pretense. A
person who, with the intent to cheat or defraud another, designedly by color or
aid of any false token or writing or other false pretense, representation or
presentation obtains the signature of any person to a written instrument is
guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
[1911 C&P § 440; RL § 6705; NCL § 10393]—(NRS A
1967, 505; 1995,
1225)
NRS 205.395 False representation concerning title; penalties; civil action.
1. Every person who:
(a) Claims an interest in, or a lien or
encumbrance against, real property in a document that is recorded in the office
of the county recorder in which the real property is located and who knows or
has reason to know that the document is forged or groundless, contains a
material misstatement or false claim or is otherwise invalid;
(b) Executes or notarizes a document purporting
to create an interest in, or a lien or encumbrance against, real property, that
is recorded in the office of the county recorder in which the real property is
located and who knows or has reason to know that the document is forged or
groundless, contains a material misstatement or false claim or is otherwise
invalid; or
(c) Causes a document described in paragraph (a)
or (b) to be recorded in the office of the county recorder in which the real
property is located and who knows or has reason to know that the document is
forged or groundless, contains a material misstatement or false claim or is
otherwise invalid,
Ê has made a
false representation concerning title.
2. A person who makes a false
representation concerning title in violation of subsection 1 is guilty of a
category C felony and shall be punished as provided in NRS 193.130.
3. A person who engages in a pattern of
making false representations concerning title is guilty of a category B felony
and shall be punished by imprisonment in the state prison for a minimum term of
not less than 3 years and a maximum term of not more than 20 years, or by a
fine of not more than $50,000, or by both fine and imprisonment.
4. In addition to the criminal penalties
imposed for a violation of this section, any person who violates this section
is subject to a civil penalty of not more than $5,000 for each violation. This
penalty must be recovered in a civil action, brought in the name of the State
of Nevada by the Attorney General. In such an action, the Attorney General may
recover reasonable attorney’s fees and costs.
5. Except as otherwise provided in this
subsection, the owner or holder of the beneficial interest in real property
which is the subject of a false representation concerning title may bring a
civil action in the district court in and for the county in which the real
property is located to recover any damages suffered by the owner or holder of
the beneficial interest plus reasonable attorney’s fees and costs. The owner or
holder of the beneficial interest in the real property must, before bringing a
civil action pursuant to this subsection, send a written request to the person
who made the false representation to record a document which corrects the false
representation. If the person records such a document not later than 20 days
after the date of the written request, the owner or holder of the beneficial
interest may not bring a civil action pursuant to this subsection.
6. As used in this section, “pattern of
making false representations concerning title” means one or more violations of
a provision of subsection 1 committed in two or more transactions:
(a) Which have the same or similar pattern,
purposes, results, accomplices, victims or methods of commission, or are
otherwise interrelated by distinguishing characteristics;
(b) Which are not isolated incidents within the
preceding 4 years; and
(c) In which the aggregate loss or intended loss
is more than $250.
[1911 C&P § 441; RL § 6706; NCL § 10394]—(NRS A 2011, 338, 1748)
NRS 205.400 Fraud by bailee of animal. Every
person who shall obtain from another the possession or use of any horse or
other draft animal without paying therefor, with intent to defraud the owner
thereof, or who shall obtain the possession or use thereof, by color or aid of
any false or fraudulent representation, pretense, token or writing, or shall
obtain credit for such use by color or aid of any false or fraudulent
representation, pretense, token or writing; or who, having hired property,
shall recklessly, willfully, wantonly or by gross negligence injure or destroy
or cause, suffer, allow or permit the same, or any part thereof, to be injured
or destroyed; or who, having hired any horse or other draft animal upon an
understanding or agreement that the same shall be ridden or driven a specified
distance or to a specified place, shall willfully and fraudulently ride or
drive or cause, permit or allow the same to be ridden or driven a longer
distance, or to a different place, shall be guilty of a misdemeanor.
[1911 C&P § 442; RL § 6707; NCL § 10395]—(NRS A
1967, 505)
NRS 205.405 Falsifying accounts. Every
person who shall, willfully or maliciously and with intent to defraud, make any
false entry, or fail to make an entry, of any material matter which it is his
or her duty to make, with intent to injure another, in any private book or
private account, shall be guilty of a gross misdemeanor.
[1911 C&P § 446; RL § 6711; NCL § 10399]
NRS 205.410 Improper use of insignia. Every
person who shall willfully wear the badge, button, insigne or rosette of any
military order or of any secret order or society, or any similitude thereof; or
who shall use any such badge, button, insigne or rosette to obtain aid or
assistance, or any other benefit or advantage, unless the person shall be
entitled to so wear or use the same under the constitution, bylaws, rules and
regulations of such order or society, shall be fined not more than $500.
[1911 C&P § 452; RL § 6717; NCL § 10405]—(NRS A
1967, 505)
NRS 205.412 Stolen valor.
1. A person commits the crime of stolen
valor if he or she knowingly, with the intent to obtain money, property or
another tangible benefit:
(a) Fraudulently represents himself or herself to
be a recipient of the Congressional Medal of Honor, Distinguished Service
Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, Combat
Infantryman Badge, Combat Action Badge, Combat Medical Badge, Combat Action
Ribbon or Air Force Combat Action Medal; and
(b) Obtains money, property or another tangible
benefit through such fraudulent representation.
2. A person who commits the crime of
stolen valor is guilty of a gross misdemeanor.
(Added to NRS by 2013, 1018)
NRS 205.415 Collecting for benefit without authority. A person who sells one or more tickets to any
ball, benefit or entertainment, or asks or receives any subscription or promise
thereof, for the benefit or pretended benefit of any person, association or
order, without being authorized thereto by the person, association or order for
whose benefit or pretended benefit it is done, shall be punished:
1. Where the amount received from such
sales, subscriptions or promises totals $650 or more, for a category C felony
as provided in NRS 193.130. In addition
to any other penalty, the court shall order the person to pay restitution.
2. Otherwise, for a misdemeanor.
[1911 C&P § 453; RL § 6718; NCL § 10406]—(NRS A
1967, 505; 1979,
1447; 1989,
1437; 1995,
1226; 2011,
169)
NRS 205.420 Use of false permit, license or writing. Every person who conducts any business or
performs any act under color of, or files for record with any public officer,
any false or fraudulent permit, license or writing, or any permit, license or
writing not lawfully belonging to such person, or who obtains any permit,
license or writing by color or aid of any false representation, pretense,
personation, token or writing is guilty of a gross misdemeanor.
[1911 C&P § 454; RL § 6719; NCL § 10407]—(NRS A 2005, 620)
NRS 205.435 Fraudulent issue of stock. Unless
a greater penalty is imposed by a specific statute, an officer, agent or other
person in the service of a joint-stock company or corporation, domestic or
foreign, who, willfully and knowingly with the intent to defraud:
1. Sells, pledges or issues, or causes to
be sold, pledged or issued, or signs or executes or causes to be signed or
executed, with the intent to sell, pledge or issue, or cause to be sold,
pledged or issued, any certificate or instrument purporting to be a certificate
or evidence of ownership of any share of that company or corporation, or any
conveyance or encumbrance of real or personal property, contract, bond or
evidence of debt, or writing purporting to be a conveyance or encumbrance of real
or personal property, contract, bond or evidence of debt of that company or
corporation, without being first duly authorized by the company or corporation,
or contrary to the charter or laws under which the company or corporation
exists, or in excess of the power of the company or corporation, or of the
limit imposed by law or otherwise upon its power to create or issue stock or
evidence of debt; or
2. Reissues, sells, pledges or disposes
of, or causes to be reissued, sold, pledged or disposed of, any surrendered or
cancelled certificate or other evidence of the transfer of ownership of any
such share,
Ê 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 the person to pay restitution.
[1911 C&P § 457; RL § 6722; NCL § 10410]—(NRS A 1979, 1447; 1995, 1226; 2013, 178)
NRS 205.440 Publishing false statement to affect market price. Every person who, with intent to affect the
market price of any property, shall put off, circulate or publish any false or
misleading writing, statement or intelligence, is guilty of a gross misdemeanor.
[1911 C&P § 458; RL § 6723; NCL § 10411]—(NRS A 2013, 178)
NRS 205.445 Defrauding proprietor of hotel, inn, restaurant, motel or
similar establishment.
1. It is unlawful for a person:
(a) To obtain food, foodstuffs, lodging,
merchandise or other accommodations at any hotel, inn, trailer park, motor
court, boardinghouse, rooming house, lodging house, furnished apartment house,
furnished bungalow court, furnished automobile camp, eating house, restaurant,
grocery store, market or dairy, without paying therefor, with the intent to
defraud the proprietor or manager thereof;
(b) To obtain credit at a hotel, inn, trailer
park, motor court, boardinghouse, rooming house, lodging house, furnished
apartment house, furnished bungalow court, furnished automobile camp, eating
house, restaurant, grocery store, market or dairy by the use of any false
pretense; or
(c) After obtaining credit, food, lodging,
merchandise or other accommodations at a hotel, inn, trailer park, motor court,
boardinghouse, rooming house, lodging house, furnished apartment house,
furnished bungalow court, furnished automobile camp, eating house, restaurant,
grocery store, market or dairy, to abscond or surreptitiously, or by force,
menace or threats, to remove any part of his or her baggage therefrom, without
paying for the food or accommodations.
2. A person who violates any of the
provisions of subsection 1 shall be punished:
(a) Where the total value of the credit, food,
foodstuffs, lodging, merchandise or other accommodations received from any one
establishment is $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
(b) Otherwise, for a misdemeanor.
3. Proof that lodging, food, foodstuffs,
merchandise or other accommodations were obtained by false pretense, or by
false or fictitious show or pretense of any baggage or other property, or that
the person refused or willfully neglected to pay for the food, foodstuffs,
lodging, merchandise or other accommodations, or that the person gave in
payment for the food, foodstuffs, lodging, merchandise or other accommodations
negotiable paper on which payment was refused, or that the person absconded
without paying or offering to pay for the food, foodstuffs, lodging,
merchandise or other accommodations, or that the person surreptitiously removed
or attempted to remove his or her baggage, is prima facie evidence of the
fraudulent intent mentioned in this section.
4. This section does not apply where there
has been an agreement in writing for delay in payment for a period to exceed 10
days.
[1:132:1939; 1931 NCL § 3333.01] + [1911 C&P §
461; A 1917, 35; 1931, 391; 1949, 109; 1943 NCL § 10414]—(NRS A 1967, 505; 1979, 1448; 1989, 1437; 1995, 1226; 2011, 169)
NRS 205.450 Personating another. Every
person who shall falsely represent or personate another, and, in such assumed
character, shall marry another, become bail or surety for any party, in any
proceeding, civil or criminal, before any court or officer authorized to take
such bail or surety, or confess any judgment, or acknowledge the execution of
any conveyance of real property, or of any other instrument which, by law, may
be recorded, or do any other act in the course of any suit, proceeding or
prosecution, whereby the person so represented or personated may be made
liable, in any event, to the payment of any debt, damages, cost or sum of
money, or his or her right or interest may, in any manner be affected, is
guilty of a category C felony and shall be punished as provided in NRS 193.130.
[1911 C&P § 470; RL § 6735; NCL § 10419]—(NRS A
1967, 506; 1999,
1344)
NRS 205.455 Personating another same as stealing. Unless
a greater penalty is provided pursuant to NRS 205.463,
a person who falsely represents or personates another, and, in such assumed character,
receives any money or valuable property of any description intended to be
delivered to the person so personated, shall be punished in the same manner and
to the same extent as if the person stole the money or property so received.
[1911 C&P § 471; RL § 6736; NCL § 10420]—(NRS A 1979, 1448; 1999, 1345)
NRS 205.460 Preparation, transfer or use of false identification regarding
person under 21 years of age; penalties; demand of proof of age as defense to
certain proceedings.
1. Every person who counterfeits, forges,
alters, erases or obliterates, or who attempts to counterfeit, forge, alter,
erase or obliterate any card, writing, paper or document, or any photocopy
print, photostat, or other replica of any card, writing, paper or document
which is designed for the purpose of personal identification and which bears
the age of the holder or purported holder thereof, or which, although not
designed for the purpose of personal identification, is commonly used, or
capable of being used for the purpose of personal identification and bears the
age of the holder or purported holder thereof, with the intention that such
card, writing, paper or document, or photocopy print, photostat or other
replica thereof, be used by a person under the age of 21 years to establish
falsely or misrepresent his or her actual age for the purpose of purchasing
alcoholic liquor or being served alcoholic liquor in a place where it is served
for consumption on the premises, or entering gambling establishments, or engaging
in gambling in gambling establishments, shall be guilty of a misdemeanor. For
the purposes of this subsection, the cards, writings, papers or documents and
the photocopy prints or other replicas thereof which, although not designed for
the purpose of personal identification, are commonly used, or capable of being
used, for the purpose of personal identification, include, but are not limited
to, an operator’s license, chauffeur’s license, fishing or hunting license,
selective service card, organizational membership card, certificate of
discharge from the Armed Forces, or certificate or other record of birth.
2. Every person who sells, lends, gives
away or offers, or attempts to sell, lend, give away or offer, any
counterfeited, forged, altered, erased or obliterated card, writing, paper or
document, or photocopy print, photostat or other replica thereof, of the kind
mentioned in subsection 1, to a person under the age of 21 years, shall be
guilty of a gross misdemeanor.
3. Every person under the age of 21 years
who uses or attempts to use or proffers any counterfeited, forged, erased or
obliterated card, writing, paper, document, or any photocopy print, photostat
or other replica thereof, of the kind mentioned in subsection 1, for the
purpose and with the intention of purchasing alcoholic liquor or being served
alcoholic liquor in a place where it is served for consumption on the premises,
or entering gambling establishments, or engaging in gambling in gambling
establishments, or who actually purchases alcoholic liquor or is actually
served alcoholic liquor in a place where it is served for consumption on the
premises, or actually enters a gambling establishment or actually gambles
therein, when the purchase, service, entering or gambling is induced or permitted
by the presentation of any such card, writing, paper or document, or any
photocopy print, photostat or other replica thereof, shall be guilty of a
misdemeanor.
4. In any criminal prosecution or
proceeding for the suspension or revocation of any license based upon the
violation of any law making it unlawful to sell, serve or furnish a person
under the age of 21 years alcoholic liquor or upon violation of any law making
it unlawful to allow a person under the age of 21 years to enter a gambling
establishment or engage in gambling in a gambling establishment, proof that the
defendant licensee, or his or her agent or employee, demanded and was shown,
immediately before furnishing any alcoholic liquor to a person under the age of
21 years or allowing a person under the age of 21 years to enter a gambling
establishment or engage in gambling in a gambling establishment, bona fide
documentary evidence of the majority and identity of the person issued by a
federal, state, county or municipal government, or subdivision or agency
thereof, including, but not limited to, an operator’s license for a motor
vehicle, a registration certificate issued under the Federal Selective Service
Act, or an identification card issued to a member of the Armed Forces, is a
defense to the prosecution or proceeding for the suspension or revocation of
any license.
[1:367:1955] + [2:367:1955] + [3:367:1955]—(NRS A
1959, 149; 1991,
391)
UNLAWFUL ACTS REGARDING SOCIAL SECURITY NUMBERS
NRS 205.4605 Posting or displaying social security number of another person;
penalties; civil action.
1. Except as otherwise provided in this
section, a person shall not willfully and intentionally post or display in any
public manner the social security number of another person unless the person is
authorized or required to do so by specific federal or state law or regulation.
2. This section does not:
(a) Prevent the use of a social security number
for internal verification or administrative purposes.
(b) Apply to documents that are recorded or
required to be open to the public pursuant to federal or state law or
regulation.
3. Unless a greater penalty is provided by
specific statute, a person who violates this section is guilty of a
misdemeanor.
4. A person whose social security number
has been willfully and intentionally posted or displayed in violation of this
section may bring a civil cause of action against the person who commits such a
violation. The court may award actual damages, reasonable attorney’s fees and
costs to the person whose social security number has been willfully and
intentionally posted or displayed in violation of this section.
5. As used in this section:
(a) “Person” includes a government, governmental
agency or political subdivision of a government.
(b) “Post or display in any public manner” means
to communicate or otherwise make available to the general public. The term includes,
without limitation:
(1) Printing the social security number of
another person on any card required for the other person to access products or
services provided by the person or entity printing the social security number.
(2) Requiring another person to transmit
his or her social security number over the Internet, unless the connection is
secure or the social security number is encrypted.
(3) Requiring another person to use his or
her social security number to access an Internet website, unless a password or
unique personal identification number or other authentication device is also
required to access the Internet website.
(4) Printing the social security number of
another person on any material that is mailed to the person, if the social security
number is visible to the public.
(Added to NRS by 2011, 2608)
UNLAWFUL ACTS REGARDING PERSONAL IDENTIFYING INFORMATION
NRS 205.461 Definitions. As
used in NRS 205.461 to 205.4657,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 205.4611 to 205.4629,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 1355; A 2005, 1101, 2498; 2009, 762)
NRS 205.4611 “Artificial person” defined. “Artificial
person” means any corporation, limited-liability company, limited-liability
partnership, limited partnership, limited-liability limited partnership,
business trust or municipal corporation or any comparable entity which is
created and existing under the laws of this State, any other state, territory
or foreign government, or the Government of the United States and which is
doing business in this State.
(Added to NRS by 2005, 2497)
NRS 205.4613 “Document” defined. “Document”
includes, without limitation, a photocopy print, photostat and other replica of
a document.
(Added to NRS by 2003, 1355)
NRS 205.4615 “Older person” defined. “Older
person” means a person who is 60 years of age or older.
(Added to NRS by 2005, 2497)
NRS 205.4617 “Personal identifying information” defined.
1. Except as otherwise provided in
subsection 2, “personal identifying information” means any information
designed, commonly used or capable of being used, alone or in conjunction with
any other information, to identify a living or deceased person or to identify
the actions taken, communications made or received by, or other activities or
transactions of a living or deceased person, including, without limitation:
(a) The current or former name, driver’s license
number, identification card number, social security number, checking account
number, savings account number, credit card number, debit card number,
financial services account number, date of birth, place of employment and
maiden name of the mother of a person.
(b) The unique biometric data of a person,
including, without limitation, the fingerprints, facial scan identifiers,
voiceprint, retina image and iris image of a person.
(c) The electronic signature, unique electronic
identification number, address or routing code, telecommunication identifying
information or access device of a person.
(d) The personal identification number or
password of a person.
(e) The alien registration number, government
passport number, employer identification number, taxpayer identification
number, Medicaid account number, food stamp account number, medical
identification number or health insurance identification number of a person.
(f) The number of any professional, occupational,
recreational or governmental license, certificate, permit or membership of a
person.
(g) The number, code or other identifying
information of a person who receives medical treatment as part of a
confidential clinical trial or study, who participates in a confidential
clinical trial or study involving the use of prescription drugs or who
participates in any other confidential medical, psychological or behavioral
experiment, study or trial.
(h) The utility account number of a person.
2. To the extent that any information
listed in subsection 1 is designed, commonly used or capable of being used,
alone or in conjunction with any other information, to identify an artificial
person, “personal identifying information” includes information pertaining to an
artificial person.
(Added to NRS by 2003, 1355; A 2005, 2498; 2007, 2169)
NRS 205.462 “Public body” defined. “Public
body” means:
1. The State of Nevada, or any agency,
instrumentality or corporation thereof;
2. The Nevada System of Higher Education;
3. Any municipality, county, school
district or other type of district, or a city or town, incorporated or
unincorporated; or
4. Any other body corporate and politic
comprising a political subdivision of this State or acting on behalf thereof.
(Added to NRS by 2003, 1355)
NRS 205.4623 “Public employee” defined. “Public
employee” means any person who is an employee or independent contractor of a
public body.
(Added to NRS by 2003, 1356)
NRS 205.4627 “Public officer” defined. “Public
officer” means a person who:
1. Is elected or appointed to a position
which is established by the Constitution or a statute of this state, or by a
charter or ordinance of a political subdivision of this state; or
2. Otherwise serves as an officer for a
public body.
(Added to NRS by 2003, 1356)
NRS 205.4629 “Vulnerable person” defined. “Vulnerable
person” means a person who:
1. Suffers from a condition of physical or
mental incapacitation because of a developmental disability, organic brain
damage or mental illness; or
2. Has one or more physical or mental
limitations that restrict the ability of the person to perform the normal
activities of daily living.
(Added to NRS by 2005, 2497)
NRS 205.463 Obtaining and using personal identifying information of another
person to harm or impersonate person, to obtain certain nonpublic records or
for other unlawful purpose; penalties; rebuttable inference that possessor of
personal identifying information intended to unlawfully use such information.
1. Except as otherwise provided in
subsections 2 and 3, a person who knowingly:
(a) Obtains any personal identifying information
of another person; and
(b) With the intent to commit an unlawful act,
uses the personal identifying information:
(1) To harm that other person;
(2) To represent or impersonate that other
person to obtain access to any personal identifying information of that other
person without the prior express consent of that other person;
(3) To obtain access to any nonpublic
record of the actions taken, communications made or received by, or other
activities or transactions of that other person without the prior express
consent of that other person; or
(4) For any other unlawful purpose,
including, without limitation, to obtain credit, a good, a service or anything
of value in the name of that other person,
Ê is guilty of
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 may be further punished by a fine of not more than $100,000.
2. Except as otherwise provided in
subsection 3, a person who knowingly:
(a) Obtains any personal identifying information
of another person; and
(b) Uses the personal identifying information to
avoid or delay being prosecuted for an unlawful act,
Ê is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
3. A person who violates:
(a) Subsection 1 or 2 by obtaining and using the
personal identifying information of an older person or a vulnerable person;
(b) Subsection 1 or 2 by obtaining and using the
personal identifying information of five or more persons;
(c) Subsection 1 or 2 by causing another person
to suffer a financial loss or injury of $3,000 or more as a result of the
violation; or
(d) Subsection 2 to avoid or delay being
prosecuted for an unlawful act that is punishable as a category A felony or
category B felony,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 3 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $100,000.
4. In addition to any other penalty, the
court shall order a person convicted of violating subsection 1 to pay
restitution, including, without limitation, any attorney’s fees and costs
incurred to:
(a) Repair the credit history or rating of the
person whose personal identifying information the convicted person obtained and
used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation
incurred by the person whose personal identifying information the convicted
person obtained and used in violation of subsection 1.
5. Proof of possession of the personal
identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the
possessor intended to use such information in violation of this section.
(Added to NRS by 1999, 1344; A 2003, 1357; 2005, 2499; 2007, 2169)
NRS 205.464 Obtaining, using, possessing or selling personal identifying
information for unlawful purpose by public officer or public employee;
penalties; rebuttable inference that possessor of personal identifying
information intended to unlawfully use such information.
1. Except as otherwise provided in
subsection 2, a public officer or public employee who knowingly:
(a) Obtains any personal identifying information
of another person from any document, file, database, source or process used by
a public body to collect, store, maintain, transfer, reproduce, manage or
administer personal identifying information; and
(b) Uses the personal identifying information to
harm that other person or for any unlawful purpose, including, without
limitation, to obtain credit, a good, a service or anything of value in the
name of that person,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 5 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $100,000.
2. A public officer or public employee who
violates subsection 1 by:
(a) Obtaining and using the personal identifying
information of an older person or a vulnerable person;
(b) Obtaining and using the personal identifying
information of five or more persons; or
(c) Causing another person to suffer a financial
loss or injury of $3,000 or more as a result of the violation,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 7 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $100,000.
3. Except as otherwise provided in
subsection 4, a public officer or public employee who knowingly:
(a) Obtains any personal identifying information
of another person from any document, file, database, source or process used by
a public body to collect, store, maintain, transfer, reproduce, manage or
administer personal identifying information; and
(b) Possesses, sells or transfers the personal
identifying information for the purpose of establishing a false status,
occupation, membership, license or identity for himself or herself or any other
person,
Ê is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
4. A public officer or public employee who
violates subsection 3 by:
(a) Obtaining and possessing, selling or
transferring the personal identifying information of an older person or a
vulnerable person;
(b) Obtaining and possessing, selling or
transferring the personal identifying information of five or more persons; or
(c) Causing another person to suffer a financial
loss or injury of $3,000 or more as a result of the violation,
Ê is guilty of
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 may be further punished by a fine of not more than $100,000.
5. Except as otherwise provided in
subsection 6, a public officer or public employee who knowingly aids another
public officer or public employee to commit a violation of any provision of
this section is guilty of a category C felony and shall be punished as provided
in NRS 193.130.
6. A public officer or public employee who
violates subsection 5 by knowingly aiding another public officer or public
employee in committing a violation of this section by:
(a) Obtaining the personal identifying
information of an older person or a vulnerable person;
(b) Obtaining the personal identifying
information of five or more persons; or
(c) Causing another person to suffer a financial
loss or injury of $3,000 or more as a result of the violation,
Ê is guilty of
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 may be further punished by a fine of not more than $100,000.
7. The provisions of this section do not
prohibit the possession or use of any personal identifying information by
officers of local police, sheriff and metropolitan police departments and by
agents of the Investigation Division of the Department of Public Safety while
engaged in undercover investigations related to the lawful discharge of their
duties.
8. In addition to any other penalty, the
court shall order a public officer or public employee convicted of violating
any provision of this section to pay restitution, including, without
limitation, any attorney’s fees and costs incurred, to:
(a) Repair the credit history or rating of the
person whose personal identifying information the public officer or public
employee obtained and used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation
incurred by the person whose personal identifying information the public
officer or public employee obtained and used in violation of this section.
9. Proof of possession of the personal
identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the
possessor intended to use such information in violation of this section.
(Added to NRS by 2003, 1356; A 2005, 2499; 2007, 2170)
NRS 205.465 Possession or sale of document or personal identifying
information to establish false status or identity; penalties; rebuttable
inference that possessor of personal identifying information intended to
unlawfully use such information.
1. It is unlawful for a person to possess,
sell or transfer any document or personal identifying information for the
purpose of establishing a false status, occupation, membership, license or
identity for himself or herself or any other person.
2. Except as otherwise provided in
subsection 3, a person who:
(a) Sells or transfers any such document or
personal identifying information in violation of subsection 1; or
(b) Possesses any such document or personal
identifying information in violation of subsection 1 to commit any of the
crimes set forth in NRS 205.085 to 205.217, inclusive, 205.473
to 205.513, inclusive, or 205.610
to 205.810, inclusive,
Ê is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
3. A person who violates subsection 2 by:
(a) Selling or transferring the personal
identifying information of an older person or a vulnerable person;
(b) Selling or transferring the personal identifying
information of five or more persons; or
(c) Causing another person to suffer a financial
loss or injury of $3,000 or more as a result of the violation,
Ê is guilty of
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 may be further punished by a fine of not more than $100,000.
4. Except as otherwise provided in this
subsection and subsections 2 and 3, a person who possesses any such document or
personal identifying information in violation of subsection 1 is guilty of a
category E felony and shall be punished as provided in NRS 193.130. If a person possesses any such
document or personal identifying information in violation of subsection 1 for
the sole purpose of establishing false proof of age, including, without
limitation, establishing false proof of age to game, purchase alcoholic
beverages or purchase cigarettes or other tobacco products, the person is
guilty of a misdemeanor.
5. Subsection 1 does not:
(a) Preclude the adoption by a city or county of
an ordinance prohibiting the possession of any such document or personal
identifying information; or
(b) Prohibit the possession or use of any such
document or personal identifying information by officers of local police,
sheriff and metropolitan police departments and by agents of the Investigation
Division of the Department of Public Safety while engaged in undercover
investigations related to the lawful discharge of their duties.
6. Proof of possession of the personal
identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the
possessor intended to use such information in violation of this section.
(Added to NRS by 1975, 1460; A 1981, 2012; 1985, 1980; 1995, 1227; 1999, 1345; 2001, 2581; 2003, 1358, 2462; 2005, 2501; 2007, 2172)
NRS 205.4651 Identity theft program card: Application; issuance; presentation
to law enforcement agency or creditors; discretion to accept or reject program
card; application not public record; regulations; acceptance of gifts, grants
and donations.
1. A person who is a victim of identity
theft who is a:
(a) Resident of this State and who has filed with
a law enforcement agency in any state a signed written report stating that the
person is a victim of identity theft; or
(b) Nonresident of this State who has filed with
a law enforcement agency in this State a signed written report stating that the
person is a victim of identity theft,
Ê may apply
for an identity theft program card through any agency designated by the
Attorney General.
2. A designated agency that receives an
application for an identity theft program card shall submit the application and
a copy of the written report described in subsection 1 to the Attorney General
for review and, if the applicant meets the requirements pursuant to subsection
1, issuance of an identity theft program card.
3. The Attorney General, in cooperation
with any law enforcement agency, may issue an identity theft program card to a
person who is a victim of identity theft.
4. A person who is issued an identity
theft program card pursuant to subsection 3 may present the identity theft
program card to:
(a) A law enforcement agency to help prevent the
arrest or detention of the person for an offense committed by another person
using his or her personal identifying information; or
(b) A creditor to aid in the investigation of any
fraudulent account that is opened in his or her name or any fraudulent charge
that is made against an account in his or her name.
5. The law enforcement agency or creditor
that is presented with an identity theft program card pursuant to subsection 4
has sole discretion to accept or reject the program card. In determining
whether to accept or reject the identity theft program card, the law
enforcement agency or creditor may consider the surrounding circumstances and
available information regarding the identity theft of the person.
6. An application for an identity theft
program card submitted pursuant to this section, including any supporting
documentation, is not a public record, and no part of it may be released except
to a law enforcement agency in this or another state.
7. The Attorney General may adopt
regulations necessary to carry out the provisions of this section.
8. The Attorney General may accept gifts,
grants and donations from any source for the purpose of carrying out the
provisions of this section.
9. For the purposes of this section,
“resident” shall be construed in accordance with the provisions of NRS 10.155.
10. As used in this section:
(a) “Identity theft” means a violation of the
provisions of NRS 205.463, 205.464
or 205.465.
(b) “Identity theft program card” means a card or
certificate issued by the Attorney General that identifies a person who has
complied with the provisions of subsection 1 and, except as otherwise provided
in this section, must be given a reasonable opportunity to prove to a law
enforcement agency, creditor or other lawfully interested person or
governmental entity that the person is the victim and not the perpetrator of
any alleged crime, breach of contract or other wrongdoing normally associated
with victims of the crime of identity theft.
(Added to NRS by 2005, 1100; A 2009, 9)
NRS 205.46513 Establishing or possessing financial forgery laboratory
unlawful; penalty; expert testimony.
1. A person shall not establish or possess
a financial forgery laboratory with the intent to commit any unlawful act.
2. Unless a greater penalty is provided
pursuant to specific statute, a person who violates this section is guilty of 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 may be further punished by a fine of not more than $100,000.
3. For the purposes of prosecuting a
violation of this section, the prosecuting attorney may present expert
testimony to provide a prima facie case that any computer, system, program or
electronic or mechanical device, or any combination thereof, is specifically
configured for any purpose set forth in subparagraph (1) or (2) of paragraph
(b) of subsection 4.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Financial forgery laboratory” means any
computer, system, program or other electronic or mechanical device, or any
combination thereof, that is specifically configured for the purpose of
unlawfully:
(1) Obtaining personal identifying
information of another person to commit an unlawful act; or
(2) Manufacturing any forged or fraudulent
financial instrument, document or item, including, without limitation, any
negotiable instrument, check, draft, bond, credit card, debit card, stock
certificate, annuity, bank bill or note, draft, bill of exchange, contract,
promissory note, traveler’s check or money order.
(c) “Personal identifying information” has the
meaning ascribed to it in NRS 205.4617.
(d) “Program” has the meaning ascribed to it in NRS 205.475.
(e) “System” has the meaning ascribed to it in NRS 205.476.
(Added to NRS by 2005, 2497)
NRS 205.46515 Capturing, storing, reading, retaining, using or disclosing
information from radio frequency identification document of another person;
penalty.
1. A person shall not knowingly,
intentionally and for the purpose of committing fraud, identity theft or any
other unlawful act:
(a) Capture, store or read information from the
radio frequency identification document of another person without the other
person’s knowledge and prior consent; or
(b) Retain, use or disclose information that the
person knows to have been obtained from the radio frequency identification
document of another person without the other person’s knowledge and prior
consent.
2. A person who violates this section is
guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) “Identity theft” means a violation of the
provisions of NRS 205.463, 205.464
or 205.465.
(b) “Radio frequency identification” means the
use of electromagnetic radiating waves or reactive field coupling in the radio
frequency portion of the spectrum to read or communicate personal identifying
information to or from a radio frequency identification document through a
variety of modulation and encoding schemes.
(c) “Radio frequency identification document”
means any document containing data which is issued to an individual and which
that individual, and only that individual, uses alone or in conjunction with
any other information for the primary purpose of establishing his or her
identity.
(Added to NRS by 2009, 761)
NRS 205.46517 Court records. In
any case in which a person is convicted of violating any provision of NRS 205.461 to 205.4657,
inclusive, the court records must clearly reflect that the violation was
committed by the person convicted of the violation and not by the person whose
personal identifying information forms a part of the violation.
(Added to NRS by 2005, 2497; A 2009, 762)
NRS 205.4653 Prosecution regardless of whether person whose personal
identifying information was stolen is living or deceased, is artificial person
or suffers financial loss or injury. A
person who violates any provision of NRS 205.461 to
205.4657, inclusive, may be prosecuted for the
violation whether or not the person whose personal identifying information
forms a part of the violation:
1. Is living or deceased during the course
of the violation or the prosecution.
2. Is an artificial person.
3. Suffers financial loss or injury as the
result of the violation.
(Added to NRS by 2003, 1356; A 2005, 2501; 2009, 762)
NRS 205.4655 Exempt persons. The
provisions of NRS 205.461 to 205.4657, inclusive, do not apply to any person who,
without the intent to defraud or commit an unlawful act, possesses or uses any
personal identifying information of another person:
1. In the ordinary course of his or her
business or employment; or
2. Pursuant to a financial transaction
entered into with an authorized user of a payment card.
(Added to NRS by 2003, 1357; A 2009, 762)
NRS 205.4657 Defenses not available; jurisdiction.
1. In any prosecution for a violation of
any provision of NRS 205.461 to 205.4657, inclusive, the State is not required to
establish and it is no defense that:
(a) An accessory has not been convicted,
apprehended or identified; or
(b) Some of the acts constituting elements of the
crime did not occur in this State or that where such acts did occur they were
not a crime or elements of a crime.
2. In any prosecution for a violation of
any provision of NRS 205.461 to 205.4657, inclusive, the violation shall be deemed to
have been committed and may be prosecuted in any jurisdiction in this State in
which:
(a) The person whose personal identifying
information forms a part of the violation currently resides or is found; or
(b) Any act constituting an element of the crime
occurred, regardless of whether the defendant was ever physically present in
that jurisdiction.
(Added to NRS by 2003, 1357; A 2005, 2502; 2009, 762)
PROGRAMS FOR RESTITUTION BY CERTAIN PERSONS
NRS 205.466 Creation and operation of program; acceptance of person in
program.
1. A district attorney may create within
the office of the district attorney a program for restitution for persons
referred to the district attorney by a law enforcement officer who has probable
cause to believe the person violated paragraph (i) of subsection 1 of NRS 205.0832 or NRS 205.130
or 205.380. The program may be conducted by the
district attorney in conjunction with the county sheriff, police department or
any other law enforcement agency in whose jurisdiction a violation of paragraph
(i) of subsection 1 of NRS 205.0832 or NRS 205.130 or 205.380 has
occurred, or by a private entity under contract with the district attorney.
2. The district attorney may adopt
standards for the law enforcement agency which indicate the minimum
requirements of investigation by the agency for its referral of a person to the
district attorney for acceptance in the program.
3. If such a person is referred to the
district attorney, the district attorney shall determine if the person is
appropriate for acceptance in the program. The district attorney may consider:
(a) The amount of the check or draft drawn or
passed without sufficient money or credit to pay it in full;
(b) The prior criminal record of the person;
(c) Prior referrals of the person to the program;
(d) The number of times the person has violated
paragraph (i) of subsection 1 of NRS 205.0832 or NRS 205.130 or 205.380;
(e) Whether other allegations of drawing or
passing checks or drafts without sufficient money or credit to pay them in full
are pending against the person; and
(f) The strength of the evidence, if any, of the
person’s intent to defraud the alleged victim.
4. Except as otherwise provided in NRS 205.469, this section does not limit the authority
of the district attorney to prosecute violations of paragraph (i) of subsection
1 of NRS 205.0832 or NRS
205.130 or 205.380.
(Added to NRS by 1989, 607; A 1989, 1206; 2001, 3025)
NRS 205.467 Notice to persons accepted into program.
1. After the acceptance of a person to the
program for restitution, a notice must be sent by registered or certified mail
to that person by a representative of the program.
2. The notice must contain:
(a) The date and amount of the check or draft the
person is alleged to have drawn or passed;
(b) The name of the payee;
(c) The date before which the person must contact
the designated representative of the program concerning the check or draft;
(d) A demand for full restitution of the face
amount of the check or draft and any fees authorized pursuant to NRS 205.469 and 205.471;
and
(e) A statement that failure to pay restitution
and fees may result in criminal prosecution.
(Added to NRS by 1989, 607)
NRS 205.468 Actions required of persons accepted into program. A person accepted to the program for
restitution must:
1. Voluntarily agree to participate in the
program; and
2. Contact the designated representative
of the program concerning the check or draft on or before the date required in
the notice pursuant to subsection 2 of NRS 205.467.
(Added to NRS by 1989, 608)
NRS 205.469 Agreement to suspend prosecution of person accepted into
program: Entry; conditions; completion.
1. The district attorney may enter into an
agreement with a person accepted to the program for restitution to suspend
prosecution for a period to be determined by the district attorney, but in no
case to exceed 6 months, pending the following:
(a) Completion by the person of a class conducted
by the district attorney, a designee of the district attorney or a private
entity under contract with the district attorney, which offers instruction in
dealing with a checking account and developing a budget;
(b) Payment by the person of the fee required to
participate in the class;
(c) Full restitution made to the alleged victim;
and
(d) Full payment of the fee authorized by NRS 205.471, if required.
2. As additional consideration for the
agreement, the district attorney shall agree not to file criminal charges if
the person accepted to the program completes the conditions of the agreement.
(Added to NRS by 1989, 608)
NRS 205.471 Collection of fee from offender; amount and disposition of fee.
1. The district attorney, the designated
representative of the program for restitution or a private entity under
contract with the district attorney, may collect a fee from any person who
draws or passes a check or draft in violation of a provision of this chapter,
if the office of the district attorney collects and processes the check or
draft.
2. The amount of the fee must not exceed:
(a) Twenty-five dollars if the face amount of the
check or draft does not exceed $100;
(b) Fifty dollars if the face amount of the check
or draft is greater than $100 but does not exceed $300;
(c) Seventy-five dollars if the face amount of
the check or draft is greater than $300 but does not exceed $1,000;
(d) One hundred and fifty dollars if the face
amount of the check or draft is greater than $1,000 but does not exceed $2,500;
(e) Five hundred dollars if the face amount of
the check or draft is greater than $2,500 but does not exceed $10,000; or
(f) Ten percent of the face amount of the check
or draft if the face amount of the check or draft is greater than $10,000.
3. Money collected pursuant to this
section must be deposited in the county treasury in an account to be
administered by the district attorney. The district attorney may use the money
in the account only to:
(a) Carry out the purposes of NRS 205.466 to 205.472,
inclusive;
(b) Defray the cost of:
(1) A program of instruction in managing a
checking account and developing a budget; or
(2) Any other program of education or
instruction designed to prevent the drawing or passing of a check or draft in
violation of the provisions of this chapter; and
(c) Assist a victim of a crime. As used in this
paragraph, “victim” has the meaning ascribed to it in NRS 176.015.
(Added to NRS by 1989, 608; A 1997, 177)
NRS 205.472 Statements by person referred to or participating in program
inadmissible in civil and criminal proceedings. No
statement made by a person referred to the program for restitution in
connection with the determination of the person’s eligibility for participation
in the program and no statement made or information given by that person while
participating in the program is admissible in any civil or criminal action or
proceeding.
(Added to NRS by 1989, 608)
UNLAWFUL ACTS REGARDING COMPUTERS AND INFORMATION SERVICES
NRS 205.473 Definitions. As
used in NRS 205.473 to 205.513,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 205.4732 to 205.476,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1983, 1203; A 1991, 50; 1999, 2707; 2001, 1240)
NRS 205.4732 “Access” defined. “Access”
means to intercept, instruct, communicate with, store data in, retrieve from or
otherwise make use of any resources of a computer, network or data.
(Added to NRS by 1991, 49)
NRS 205.4735 “Computer” defined. “Computer”
means an electronic device which performs logical, arithmetic and memory
functions by manipulations of electronic or magnetic impulses and includes all
equipment related to the computer in a system or network.
(Added to NRS by 1983, 1203)
NRS 205.4737 “Computer contaminant” defined.
1. “Computer contaminant” means any data,
information, image, program, signal or sound that is designed or has the
capability to:
(a) Contaminate, corrupt, consume, damage,
destroy, disrupt, modify, record or transmit; or
(b) Cause to be contaminated, corrupted,
consumed, damaged, destroyed, disrupted, modified, recorded or transmitted,
Ê any other
data, information, image, program, signal or sound contained in a computer,
system or network without the knowledge or consent of the person who owns the
other data, information, image, program, signal or sound or the computer,
system or network.
2. The term includes, without limitation:
(a) A virus, worm or Trojan horse;
(b) Spyware that tracks computer activity and is
capable of recording and transmitting such information to third parties; or
(c) Any other similar data, information, image,
program, signal or sound that is designed or has the capability to prevent,
impede, delay or disrupt the normal operation or use of any component, device,
equipment, system or network.
3. As used in this section:
(a) “On-line bidding” has the meaning ascribed to
it in NRS 332.047.
(b) “Spyware” does not include:
(1) An Internet browser;
(2) Software for transmitting messages
instantly that informs the user whether other users are on-line at the same
time;
(3) Software that is designed to detect or
prevent the use of computer contaminants;
(4) Software that is designed to detect
fraudulent on-line bidding;
(5) Software that is designed to prevent
children from accessing pornography on the Internet;
(6) Software that conducts remote
maintenance or repair of a computer or its systems;
(7) Software that is designed to manage or
to perform maintenance on a network of computers;
(8) Software for media players; and
(9) Software that authenticates a user.
(Added to NRS by 1999, 2703; A 2005, 2509; 2005, 22nd
Special Session, 97)
NRS 205.474 “Data” defined. “Data”
means a representation in any form of information, knowledge, facts, concepts
or instructions which is being prepared or has been formally prepared and is
intended to be processed, is being processed or has been processed in a system
or network.
(Added to NRS by 1983, 1203)
NRS 205.4742 “Encryption” defined. “Encryption”
means the use of any protective or disruptive measure, including, without
limitation, cryptography, enciphering, encoding or a computer contaminant, to:
1. Prevent, impede, delay or disrupt
access to any data, information, image, program, signal or sound;
2. Cause or make any data, information,
image, program, signal or sound unintelligible or unusable; or
3. Prevent, impede, delay or disrupt the
normal operation or use of any component, device, equipment, system or network.
(Added to NRS by 1999, 2704)
NRS 205.4743 “Information service” defined.
1. “Information service” means a service
that is designed or has the capability to generate, process, store, retrieve,
convey, emit, transmit, receive, relay, record or reproduce any data,
information, image, program, signal or sound by means of any component, device,
equipment, system or network, including, without limitation, by means of:
(a) A computer, computer system, computer
network, modem or scanner.
(b) A telephone, cellular phone, satellite phone,
pager, personal communications device or facsimile machine.
(c) Any type of transmitter or receiver.
(d) Any other component, device, equipment,
system or network that uses analog, digital, electronic, electromagnetic,
magnetic or optical technology.
2. The term does not include video
service, as defined in NRS 711.141.
(Added to NRS by 1999, 2704; A 2007, 1377)
NRS 205.4744 “Internet or network site” defined.
1. “Internet or network site” means any
identifiable site on the Internet or on a network.
2. The term includes, without limitation:
(a) A website or other similar site on the World
Wide Web;
(b) A site that is identifiable through a Uniform
Resource Location;
(c) A site on a network that is owned, operated,
administered or controlled by a provider of Internet service;
(d) An electronic bulletin board;
(e) A list server;
(f) A newsgroup; or
(g) A chat room.
(Added to NRS by 2001, 1240)
NRS 205.4745 “Network” defined. “Network”
means a set of related, remotely connected devices and facilities, including
more than one system, with the capability to transmit data among any of the
devices and facilities. The term includes, without limitation, a local,
regional or global computer network.
(Added to NRS by 1983, 1203; A 1999, 2707)
NRS 205.475 “Program” defined. “Program”
means an ordered set of data representing coded instructions or statements
which can be executed by a computer and cause the computer to perform one or
more tasks.
(Added to NRS by 1983, 1203)
NRS 205.4755 “Property” defined. “Property”
means anything of value and includes a financial instrument, information,
electronically produced data, program and any other tangible or intangible item
of value.
(Added to NRS by 1983, 1203)
NRS 205.4757 “Provider” defined. “Provider”
means any person who provides an information service.
(Added to NRS by 1999, 2704)
NRS 205.4758 “Provider of Internet service” defined. “Provider
of Internet service” means any provider who provides subscribers with access to
the Internet or an electronic mail address, or both.
(Added to NRS by 1999, 2704)
NRS 205.4759 “Response costs” defined.
1. “Response costs” means any reasonable
costs that arise in response to and as a proximate result of a crime described
in NRS 205.473 to 205.513,
inclusive.
2. The term includes, without limitation,
any reasonable costs to:
(a) Investigate the facts surrounding the crime;
(b) Ascertain or calculate any past or future
loss, injury or other damage;
(c) Remedy, mitigate or prevent any past or
future loss, injury or other damage; or
(d) Test, examine, restore or verify the
integrity of or the normal operation or use of any Internet or network site,
electronic mail address, computer, system, network, component, device,
equipment, data, information, image, program, signal or sound.
(Added to NRS by 2001, 1240)
NRS 205.476 “System” defined. “System”
means a set of related equipment, whether or not connected, which is used with
or for a computer.
(Added to NRS by 1983, 1203)
NRS 205.4765 Unlawful acts regarding computers: Generally.
1. Except as otherwise provided in
subsection 6, a person who knowingly, willfully and without authorization:
(a) Modifies;
(b) Damages;
(c) Destroys;
(d) Discloses;
(e) Uses;
(f) Transfers;
(g) Conceals;
(h) Takes;
(i) Retains possession of;
(j) Copies;
(k) Obtains or attempts to obtain access to,
permits access to or causes to be accessed; or
(l) Enters,
Ê data, a
program or any supporting documents which exist inside or outside a computer,
system or network is guilty of a misdemeanor.
2. Except as otherwise provided in
subsection 6, a person who knowingly, willfully and without authorization:
(a) Modifies;
(b) Destroys;
(c) Uses;
(d) Takes;
(e) Damages;
(f) Transfers;
(g) Conceals;
(h) Copies;
(i) Retains possession of; or
(j) Obtains or attempts to obtain access to,
permits access to or causes to be accessed,
Ê equipment or
supplies that are used or intended to be used in a computer, system or network
is guilty of a misdemeanor.
3. Except as otherwise provided in
subsection 6, a person who knowingly, willfully and without authorization:
(a) Destroys;
(b) Damages;
(c) Takes;
(d) Alters;
(e) Transfers;
(f) Discloses;
(g) Conceals;
(h) Copies;
(i) Uses;
(j) Retains possession of; or
(k) Obtains or attempts to obtain access to,
permits access to or causes to be accessed,
Ê a computer,
system or network is guilty of a misdemeanor.
4. Except as otherwise provided in
subsection 6, a person who knowingly, willfully and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
Ê a device
used to access a computer, network or data is guilty of a misdemeanor.
5. Except as otherwise provided in
subsection 6, a person who knowingly, willfully and without authorization
introduces, causes to be introduced or attempts to introduce a computer
contaminant into a computer, system or network is guilty of a misdemeanor.
6. If the violation of any provision of
this section:
(a) Was committed to devise or execute a scheme
to defraud or illegally obtain property;
(b) Caused response costs, loss, injury or other
damage in excess of $500; or
(c) Caused an interruption or impairment of a
public service, including, without limitation, a governmental operation, a
system of public communication or transportation or a supply of water, gas or
electricity,
Ê the person is
guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished
by a fine of not more than $100,000. In addition to any other penalty, the court
shall order the person to pay restitution.
7. The provisions of this section do not
apply to a person performing any testing, including, without limitation,
penetration testing, of an information system of an agency that uses the
equipment or services of the Division of Enterprise Information Technology
Services that is authorized by the Administrator of the Division of Enterprise
Information Technology Services or the head of the Office of Information
Security of the Division. As used in this subsection:
(a) “Information system” has the meaning ascribed
to it in NRS 242.057.
(b) “Penetration testing” has the meaning
ascribed to it in NRS 242.171.
(Added to NRS by 1983, 1203; A 1991, 50; 1995, 1228; 1999, 2707; 2001, 1240; 2011, 1862)
NRS 205.477 Unlawful interference with or denial of access to or use of
computers; unlawful use or access of computers; affirmative defense.
1. Except as otherwise provided in
subsections 3 and 4, a person who knowingly, willfully, maliciously and without
authorization interferes with, denies or causes the denial of access to or use
of a computer, system or network to a person who has the duty and right to use
it is guilty of a gross misdemeanor.
2. Except as otherwise provided in
subsections 3 and 4, a person who knowingly, willfully, maliciously and without
authorization uses, causes the use of, accesses, attempts to gain access to or
causes access to be gained to a computer, system, network, telecommunications
device, telecommunications service or information service is guilty of a gross
misdemeanor.
3. If the violation of any provision of
this section:
(a) Was committed to devise or execute a scheme
to defraud or illegally obtain property;
(b) Caused response costs, loss, injury or other
damage in excess of $500; or
(c) Caused an interruption or impairment of a
public service, including, without limitation, a governmental operation, a
system of public communication or transportation or a supply of water, gas or
electricity,
Ê the person
is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished
by a fine of not more than $100,000. In addition to any other penalty, the
court shall order the person to pay restitution.
4. It is an affirmative defense to a
charge made pursuant to this section that at the time of the alleged offense
the defendant reasonably believed that:
(a) The defendant was authorized to use or access
the computer, system, network, telecommunications device, telecommunications
service or information service and such use or access by the defendant was
within the scope of that authorization; or
(b) The owner or other person authorized to give
consent would authorize the defendant to use or access the computer, system,
network, telecommunications device, telecommunications service or information
service.
5. A defendant who intends to offer an
affirmative defense described in subsection 4 at a trial or preliminary hearing
must, not less than 14 days before the trial or hearing or at such other time
as the court may direct, file and serve on the prosecuting attorney a written
notice of that intent.
(Added to NRS by 1983, 1204; A 1991, 51; 1995, 1229; 1999, 2709; 2001, 1242; 2011, 3650)
NRS 205.481 Forgery by creation, alteration or deletion of data,
information, image, program, signal or sound contained in computer. A person who knowingly, willfully and without
authorization creates, alters or deletes any data, information, image, program,
signal or sound contained in any computer, system or network which, if done on
a written or printed document or instrument, would constitute forgery pursuant
to NRS 205.090 or 205.095,
is guilty of forgery which is a category D felony and shall be punished as
provided in NRS 193.130.
(Added to NRS by 1991, 49; A 1995, 1229; 1999, 2709)
NRS 205.486 Unlawful use of encryption.
1. A person shall not willfully use or
attempt to use encryption, directly or indirectly, to:
(a) Commit, facilitate, further or promote any
criminal offense;
(b) Aid, assist or encourage another person to
commit any criminal offense;
(c) Conceal the commission of any criminal
offense;
(d) Conceal or protect the identity of a person
who has committed any criminal offense; or
(e) Delay, hinder or obstruct the administration
of the law.
2. A person who violates any provision of
this section:
(a) Is guilty of a gross misdemeanor, unless the
encryption was used or attempted to be used to commit a crime for which a
greater penalty is provided by specific statute. If the encryption was used or
attempted to be used to commit a crime for which a greater penalty is provided
by specific statute, the person shall be punished as prescribed by statute for
that crime.
(b) Commits a criminal offense that is separate
and distinct from any other criminal offense and may be prosecuted and
convicted pursuant to this section whether or not the person or any other
person is or has been prosecuted or convicted for any other criminal offense
arising out of the same facts as the violation of this section.
(Added to NRS by 1999, 2704; A 2001, 2789)
NRS 205.492 Unlawful acts involving electronic mail or transmission of other
data, information, images, programs, signals or sounds to computer, system or
network.
1. A person shall not willfully falsify or
forge any data, information, image, program, signal or sound that:
(a) Is contained in the header, subject line or
routing instructions of an item of electronic mail; or
(b) Describes or identifies the sender, source,
point of origin or path of transmission of an item of electronic mail,
Ê with the
intent to transmit or cause to be transmitted the item of electronic mail to
any Internet or network site or to the electronic mail address of one or more
recipients without their knowledge of or consent to the transmission.
2. Except as otherwise provided in
subsection 7, a person shall not willfully transmit or cause to be transmitted
an item of electronic mail to any Internet or network site or to the electronic
mail address of one or more recipients without their knowledge of or consent to
the transmission if the person knows or has reason to know that the item of
electronic mail contains or has been generated or formatted with:
(a) An Internet domain name that is being used
without the consent of the person who holds the Internet domain name; or
(b) Any data, information, image, program, signal
or sound that has been used intentionally in the header, subject line or
routing instructions of the item of electronic mail to falsify or misrepresent:
(1) The identity of the sender; or
(2) The source, point of origin or path of
transmission of the item of electronic mail.
3. A person shall not knowingly sell, give
or otherwise distribute or possess with the intent to sell, give or otherwise
distribute any data, information, image, program, signal or sound which is
designed or intended to be used to falsify or forge any data, information,
image, program, signal or sound that:
(a) Is contained in the header, subject line or
routing instructions of an item of electronic mail; or
(b) Describes or identifies the sender, source,
point of origin or path of transmission of an item of electronic mail.
4. Except as otherwise provided in
subsection 7, a person shall not willfully and without authorization transmit
or cause to be transmitted an item of electronic mail or any other data,
information, image, program, signal or sound to any Internet or network site,
to the electronic mail address of one or more recipients or to any other
computer, system or network:
(a) With the intent to prevent, impede, delay or
disrupt the normal operation or use of the Internet or network site, electronic
mail address, computer, system or network, whether or not such a result
actually occurs; or
(b) Under circumstances in which such conduct is
reasonably likely to prevent, impede, delay or disrupt the normal operation or
use of the Internet or network site, electronic mail address, computer, system
or network, whether or not such a result actually occurs.
5. Except as otherwise provided in
subsection 6, a person who violates any provision of this section is guilty of
a misdemeanor.
6. If the violation of any provision of
subsection 4:
(a) Was committed to devise or execute a scheme
to defraud or illegally obtain property;
(b) Caused response costs, loss, injury or other
damage in excess of $500; or
(c) Caused an interruption or impairment of a
public service, including, without limitation, a governmental operation, a
system of public communication or transportation or a supply of water, gas or
electricity,
Ê the person
is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished
by a fine of not more than $100,000. In addition to any other penalty, the
court shall order the person to pay restitution.
7. The provisions of subsections 2 and 4
do not apply to a provider of Internet service who, in the course of providing
service, transmits or causes to be transmitted an item of electronic mail on
behalf of another person, unless the provider of Internet service is the person
who first generates the item of electronic mail.
8. As used in this section, “item of
electronic mail” includes, without limitation:
(a) A single item of electronic mail;
(b) Multiple copies of one or more items of
electronic mail;
(c) A collection, group or bulk aggregation of
one or more items of electronic mail;
(d) A constant, continual or recurring pattern or
series of one or more items of electronic mail; or
(e) Any other data, information, image, program,
signal or sound that is included or embedded in or attached or connected to one
or more items of electronic mail.
(Added to NRS by 1999, 2704; A 2001, 1243)
NRS 205.498 Provider of Internet service required to keep certain
information concerning subscribers confidential; notice required to be provided
to subscribers.
1. A provider of Internet service shall
keep confidential:
(a) All information concerning a subscriber,
other than the electronic mail address of the subscriber, unless the subscriber
gives permission, in writing or by electronic mail, to the provider of Internet
service to disclose the information.
(b) The electronic mail address of a subscriber,
if the subscriber requests, in writing or by electronic mail, to have the
electronic mail address of the subscriber kept confidential. Upon receiving
such a request from a subscriber, a provider of Internet service shall keep
confidential the electronic mail address of the subscriber, unless the
subscriber gives permission, in writing or by electronic mail, to the provider
of Internet service to disclose the electronic mail address of the subscriber.
2. A provider of Internet service shall
provide notice of the requirements of subsection 1 to each of its subscribers.
The notice must include, without limitation, a conspicuous statement that a
subscriber may request, in writing or by electronic mail, to have the
electronic mail address of the subscriber kept confidential.
3. A provider of Internet service who
violates any provision of this section is guilty of a misdemeanor and shall be
punished by a fine of not less than $50 or more than $500 for each violation.
4. As used in this section, “provider of
Internet service” means a provider of Internet service who charges a subscriber
for access to the Internet or the electronic mail address of the subscriber.
(Added to NRS by 1999, 2705)
NRS 205.506 Unlawful acts regarding information services.
1. It is unlawful for a person knowingly
and with the intent to avoid payment in full for the service obtained to:
(a) Obtain or attempt to obtain an information
service from a provider by deception, use of an illegal device or other
fraudulent means. The requisite intent may be inferred from the presence on the
property or in the possession of the person of a device, not authorized by the
provider, the major purpose of which is to permit or facilitate use of an
information service without payment. The inference is rebutted if the person
shows that he or she purchased the device for a legitimate purpose.
(b) Give to another person technical assistance
or instruction in obtaining an information service without full payment to a
provider.
(c) Maintain an ability to connect, by physical,
electronic or other means, with facilities, components or devices used in an
information service for the purpose of obtaining the information service
without payment of all lawful compensation to the provider.
(d) Make or maintain a modification of a device
installed with the authorization of a provider to obtain any service that the
person is not authorized by the provider to obtain. The requisite intent may be
inferred from proof that the standard procedure of the provider is to place
labels on its devices warning that modifying the device is a violation of law
and that the device has been modified without the permission of the provider.
(e) Possess, manufacture, deliver, offer to
deliver or advertise, without permission from the provider, a device or a kit
for a device designed to:
(1) Receive from the provider a service
offered for sale by the provider, whether or not the service is encoded or
otherwise made unintelligible; or
(2) Perform or facilitate an act
prohibited by paragraphs (a) to (d), inclusive.
Ê Intent to
violate this paragraph for commercial advantage or financial gain may be
inferred if the circumstances, including, without limitation, quantity or
volume, indicate possession for resale.
(f) Manufacture, import, distribute, advertise,
sell, lease, or offer to sell or lease a device or a plan or kit for a device
designed to receive an information service offered for sale by a provider,
whether or not the service is encoded or otherwise made unintelligible, without
full payment. The requisite intent may be inferred from proof that the person
has sold, leased or offered to sell or lease any such device, plan or kit and
stated or implied to the buyer or lessee that it will enable the buyer or
lessee to obtain an information service without charge.
(g) Possess any other materials for the purpose
of creating a device or a kit for a device designed to obtain an information
service in any manner prohibited pursuant to this section.
2. This section does not prohibit or
restrict a holder of an amateur service license issued by the Federal
Communications Commission from possessing or using a radio receiver or
transceiver that is intended primarily for use in the amateur radio service and
is used for lawful purposes.
3. A person who violates any provision of
this section is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
(Added to NRS by 1993, 871; A 1997, 491; 1999, 2710)
NRS 205.509 Presumption of authority of employee. An
employee is presumed to have the authority to access and use:
1. A computer, system or network owned or
operated by his or her employer; and
2. Any supporting document to and any
data, information, image, program, signal or sound contained in such a
computer, system or network,
Ê unless the
presumption is overcome by clear and convincing evidence to the contrary.
(Added to NRS by 1991, 50; A 1999, 2710)—(Substituted
in revision for NRS 205.485)
NRS 205.511 Victim authorized to bring civil action.
1. Any victim of a crime described in NRS 205.473 to 205.513,
inclusive, may bring a civil action to recover:
(a) Damages for any response costs, loss or
injury suffered as a result of the crime;
(b) Punitive damages; and
(c) Costs and reasonable attorney’s fees incurred
in bringing the civil action.
2. A victim of a crime described in NRS 205.473 to 205.513,
inclusive, may bring a civil action pursuant to this section whether or not the
person who committed the crime is or has been charged with or convicted or
acquitted of the crime or any other offense arising out of the facts
surrounding the crime.
3. The provisions of this section do not
abrogate or limit the right of a victim of a crime described in NRS 205.473 to 205.513,
inclusive, to bring a civil action pursuant to any other statute or the common
law.
(Added to NRS by 1999, 2706; A 2001, 1244)
NRS 205.513 Enforcement of provisions.
1. If it appears that a person has engaged
in or is about to engage in any act or practice which violates any provision of
NRS 205.473 to 205.513,
inclusive, the Attorney General or the appropriate district attorney may file
an action in any court of competent jurisdiction to prevent the occurrence or
continuance of that act or practice.
2. An injunction:
(a) May be issued without proof of actual damage
sustained by any person.
(b) Does not preclude the criminal prosecution
and punishment of a violator.
(Added to NRS by 1991, 50; A 1999, 2710; 2001, 1244)
DOCUMENTS OF TITLE
NRS 205.520 Issue of document of title for goods not received. A bailee, or any officer, agent or servant of
a bailee, who issues or aids in issuing a document of title, knowing that the
goods covered by the document of title have not been received by him or her, or
are not under his or her control at the time the document is issued, shall be
punished:
1. Where the value of the goods purported
to be covered by the document of title is $650 or more, for a category D felony
as provided in NRS 193.130. In addition
to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $650, for
a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 510; 1979, 1450; 1989, 1439; 1995, 1230; 2011, 170)
NRS 205.530 Issue of document of title containing false statement. A bailee, or any officer, agent or servant of
a bailee, who issues or aids in issuing a document of title, knowing that it
contains any false statement, is guilty of a gross misdemeanor.
(Added to NRS by 1965, 927; A 1967, 510)
NRS 205.540 Issuance of duplicate or additional negotiable document of title
not so marked. Except as otherwise
provided in chapter 104 of NRS, a bailee, or
any officer, agent or servant of a bailee, who issues or aids in issuing a
duplicate or additional negotiable document of title, knowing that a former
negotiable document for the same goods or any part of them is outstanding and
uncancelled, shall be punished:
1. Where the value of the goods purported
to be covered by the document of title is $650 or more, for a category D felony
as provided in NRS 193.130. In addition
to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $650, for
a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 510; 1979, 1450; 1989, 1439; 1995, 1230; 2011, 170)
NRS 205.550 Delivery of goods covered by outstanding negotiable document of
title without obtaining negotiable document. Except
as provided in chapter 104 of NRS, a bailee,
or any officer, agent or servant of a bailee, who delivers goods, knowing that
they are covered by an outstanding document of title, the negotiation of which
would transfer the right to possession thereof, without obtaining the
negotiable document, is guilty of a gross misdemeanor.
(Added to NRS by 1965, 927; A 1967, 511)
NRS 205.560 Issue of negotiable warehouse receipt not stating fact of
warehouseman’s ownership. A
warehouseman, or any officer, agent or servant of a warehouseman, in possession
of goods which he or she owns in part, wholly or jointly, who issues a
negotiable warehouse receipt therefor, without noting such ownership on the
receipt, is guilty of a gross misdemeanor.
(Added to NRS by 1965, 927; A 1967, 511)
NRS 205.570 Obtaining or negotiating document of title for goods with intent
to defraud. A person who, with the
intent to defraud, obtains a negotiable document of title for goods to which
the person does not have title, or which are subject to a security interest,
and negotiates the document for value, without disclosing the want of title or
the existence of the security interest, shall be punished:
1. Where the value of the goods purported
to be covered by the document of title is $650 or more, for a category D felony
as provided in NRS 193.130. In addition
to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $650, for
a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450; 1989, 1439; 1995, 1230; 2011, 171)
NRS 205.580 Inducing bailee to issue negotiable document of title when goods
have not been received. A person
who, with the intent to defraud, secures the issue by a bailee of a negotiable
document of title, knowing at the time of issue that any or all of the goods
are not in possession of the bailee, by inducing the bailee to believe that the
goods are in the bailee’s possession, shall be punished:
1. Where the value of the goods purported
to be covered by the document of title is $650 or more, for a category D felony
as provided in NRS 193.130. In addition
to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $650, for
a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450; 1989, 1440; 1995, 1230; 2011, 171)
NRS 205.590 Negotiation of document of title when goods are not in bailee’s
possession. A person who, with the
intent to defraud, negotiates or transfers for value a document of title, which
by the terms thereof represents that goods are in possession of the bailee who
issued the document, knowing that the bailee is not in possession of the goods
or any part thereof, without disclosing this fact, shall be punished:
1. Where the value of the goods purported
to be covered by the document of title is $650 or more, for a category D felony
as provided in NRS 193.130. In addition
to any other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $650, for
a misdemeanor.
(Added to NRS by 1965, 928; A 1967, 511; 1979, 1450; 1989, 1440; 1995, 1231; 2011, 171)
PAYMENT CARDS, REENCODERS AND SCANNING DEVICES
NRS 205.601 Definitions. As
used in NRS 205.601 to 205.608,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 205.602, 205.603
and 205.604 have the meanings ascribed to them in
those sections.
(Added to NRS by 2003, 1354)
NRS 205.602 “Payment card” defined. “Payment
card” means a credit card, charge card, debit card or any other card that:
1. Is issued to an authorized card user;
and
2. Allows the user to obtain, purchase or
receive credit, money, a good, a service or anything of value.
(Added to NRS by 2003, 1354)
NRS 205.603 “Reencoder” defined. “Reencoder”
means an electronic device that places encoded information from the magnetic
strip or stripe of a payment card onto the magnetic strip or stripe of a
different payment card.
(Added to NRS by 2003, 1354)
NRS 205.604 “Scanning device” defined. “Scanning
device” means a scanner, reader or any other electronic device that is used to
access, read, scan, obtain, memorize or store, temporarily or permanently, information
encoded on the magnetic strip or stripe of a payment card.
(Added to NRS by 2003, 1354)
NRS 205.605 Using scanning device or reencoder to defraud.
1. A person shall not:
(a) Use a scanning device to access, read,
obtain, memorize or store, temporarily or permanently, information encoded on
the magnetic strip or stripe of a payment card:
(1) Without the permission of the
authorized user of the payment card; and
(2) With the intent to defraud the
authorized user, the issuer of the payment card or any other person.
(b) Use a reencoder to place information encoded
on the magnetic strip or stripe of a payment card onto the magnetic strip or
stripe of a different card:
(1) Without the permission of the
authorized user of the card from which the information is being reencoded; and
(2) With the intent to defraud the
authorized user, the issuer of the payment card or any other person.
2. A person who violates any provision of
this section is guilty of 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 may be further punished by a fine
of not more than $100,000.
3. In addition to any other penalty, the
court shall order a person who violates any provision of this section to pay
restitution, including, without limitation, any attorney’s fees and costs
incurred to:
(a) Repair the credit history or rating of each
person who is a victim of the violation; and
(b) Satisfy a debt, lien or other obligation
incurred by each person who is a victim of the violation.
(Added to NRS by 2003, 1354)
NRS 205.606 Possession of scanning device or reencoder for unlawful purpose.
1. A person shall not possess a scanning
device or reencoder with the intent to use the scanning device or reencoder for
an unlawful purpose.
2. A person who violates any provision of
this section is guilty of a category C felony and shall be punished as provided
in NRS 193.130.
(Added to NRS by 2003, 1355)
NRS 205.607 Exempt persons. The
provisions of NRS 205.601 to 205.608,
inclusive, do not apply to any person who, without the intent to defraud or
commit an unlawful act, possesses or uses a scanning device or reencoder:
1. In the ordinary course of his or her
business or employment; or
2. Pursuant to a financial transaction
entered into with an authorized user of a payment card who has given permission
for the financial transaction.
(Added to NRS by 2003, 1355)
NRS 205.608 Defenses not available. In
any prosecution for a violation of any provision of NRS
205.601 to 205.608, inclusive, the State is not
required to establish and it is no defense that:
1. An accessory has not been convicted,
apprehended or identified; or
2. Some of the acts constituting elements
of the crime did not occur in this state or that where such acts did occur they
were not a crime or elements of a crime.
(Added to NRS by 2003, 1355)
CREDIT CARDS AND DEBIT CARDS
NRS 205.610 Definitions. As
used in NRS 205.610 to 205.810,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 205.620 to 205.670,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 359; A 1977, 155; 1999, 46)
NRS 205.620 “Cardholder” defined. “Cardholder”
means the person or organization named on the face of a credit card or debit
card to whom or for whose benefit the credit card or debit card is issued by an
issuer.
(Added to NRS by 1971, 359; A 1999, 46)
NRS 205.630 “Credit card” defined. “Credit
card” means any instrument or device, whether known as a credit card, credit
plate, or by any other name, issued with or without fee by an issuer for the
use of the cardholder in obtaining money, property, goods, services or anything
else of value on credit.
(Added to NRS by 1971, 359)
NRS 205.635 “Debit card” defined. “Debit
card” means any instrument or device, whether known as a debit card or by any
other name, that is issued with or without a fee by an issuer for the use of
the cardholder in obtaining money, property, goods, services or anything else
of value, subject to the issuer removing money from the checking account or
savings account of the cardholder.
(Added to NRS by 1999, 46)
NRS 205.640 “Expired credit card or debit card” defined. “Expired credit card or debit card” means a
credit card or debit card that is no longer valid because the term shown on it
has elapsed.
(Added to NRS by 1971, 360; A 1999, 47)
NRS 205.650 “Issuer” defined. “Issuer”
means the business organization, financial institution or a duly authorized
agent of a business organization or financial institution which issues a credit
card or debit card.
(Added to NRS by 1971, 360; A 1999, 47)
NRS 205.660 “Receives” and “receiving” defined. “Receives”
or “receiving” means acquiring possession or control or accepting as security
for a loan.
(Added to NRS by 1971, 360)
NRS 205.670 “Revoked credit card or debit card” defined. “Revoked credit card or debit card” means a
credit card or debit card that is no longer valid because permission to use it
has been suspended or terminated by the issuer.
(Added to NRS by 1971, 360; A 1999, 47)
NRS 205.680 False statement to procure issuance of credit card or debit
card. Any person who, for the
purpose of procuring the issuance of a credit card or debit card, makes or
causes to be made, either directly or indirectly, any false statement in
writing, knowing it to be false, with intent that it be relied on respecting
his or her identity or financial condition or the identity or financial
condition of any other person, firm or corporation is guilty of a gross misdemeanor.
(Added to NRS by 1971, 360; A 1999, 47)
NRS 205.690 Obtaining or possessing credit card or debit card, or identifying
description of credit card, credit account or debit card without consent of
cardholder; presumption from possession; exemptions.
1. A person who steals, takes or removes a
credit card or debit card from the person, possession, custody or control of
another without the cardholder’s consent or who, with knowledge that a credit
card or debit card has been so taken, removed or stolen receives the credit
card or debit card with the intent to circulate, use or sell it or to transfer
it to a person other than the issuer or the cardholder, is guilty of a category
D felony and shall be punished as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
2. A person who possesses a credit card or
debit card without the consent of the cardholder and with the intent to
circulate, use, sell or transfer the credit card or debit card with the intent
to defraud is guilty of a category D felony and shall be punished as provided
in NRS 193.130. In addition to any
other penalty, the court shall order the person to pay restitution.
3. A person who has in his or her
possession or under his or her control two or more credit cards or debit cards
issued in the name of another person is presumed to have obtained and to
possess the credit cards or debit cards with the knowledge that they have been
stolen and with the intent to circulate, use, sell or transfer them with the
intent to defraud. The presumption established by this subsection does not
apply to the possession of two or more credit cards or debit cards used in the
regular course of the possessor’s business or employment or where the
possession is with the consent of the cardholder.
4. The provisions of this section do not
apply to a person employed by or operating a business, including, but not
limited to, a bank or other financial institution, credit bureau, collection
agency or credit reporting agency, who, without the intent to defraud, lawfully
furnishes to another person or obtains the number or other identifying physical
or electronic description of a credit card, debit card or credit account in the
ordinary course of that business or employment or pursuant to a financial
transaction entered into with a customer.
5. As used in this section:
(a) “Credit card” includes, without limitation,
the number or other identifying physical or electronic description of a credit
card or credit account.
(b) “Debit card” includes, without limitation,
the number or other identifying physical or electronic description of a debit
card.
(Added to NRS by 1971, 360; A 1977, 266; 1979, 1451; 1981, 9; 1985, 1456; 1991, 155; 1995, 1231; 1999, 47; 2009, 171)
NRS 205.710 Sale or purchase of credit card or debit card, or identifying
description of credit card, debit card or credit account; exemptions.
1. A person, except the issuer, who:
(a) Sells a credit card or debit card or the
number or other identifying physical or electronic description of a credit
card, debit card or credit account; or
(b) Buys a credit card, debit card or the number
or other identifying physical or electronic description of a credit card, debit
card or credit account from a person other than the issuer,
Ê is guilty of
a category D felony and shall be punished as provided in NRS 193.130.
2. The provisions of this section do not
apply to a person employed by or operating a business, including, but not
limited to, a bank or other financial institution, credit bureau, collection
agency or credit reporting agency, who, without the intent to defraud, lawfully
furnishes to another person or obtains the number or other identifying physical
or electronic description of a credit card, debit card or credit account in the
ordinary course of that business or employment or pursuant to a financial
transaction entered into with a customer.
(Added to NRS by 1971, 360; A 1985, 1457; 1991, 156; 1995, 1232; 1999, 48; 2009, 172)
NRS 205.715 Sale of identifying information on telephone calling card.
1. It is unlawful for a person to sell,
offer to sell, or otherwise make available, without the authority of the lawful
holder:
(a) A number on a telephone calling card;
(b) A personal identification number for use of a
telephone calling card;
(c) An account number; or
(d) Any other code or number,
Ê that can be
used to obtain telephone service.
2. Except as otherwise provided in NRS 205.710, any person violating the provisions of
subsection 1 is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
(Added to NRS by 1993, 1205; A 1995, 1232)
NRS 205.720 Obtaining control of credit card or debit card as security for
debt. A person who, with the
intent to defraud, obtains control over a credit card or debit card as security
for debt is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
(Added to NRS by 1971, 360; A 1985, 1457; 1995, 1232; 1999, 48)
NRS 205.740 Forgery of credit card or debit card; presumption from
possession.
1. A person who, with the intent to
defraud, falsely makes or falsely embosses a purported credit card or debit
card or utters such a credit card or debit card is guilty of a category D
felony and shall be punished as provided in NRS
193.130. In addition to any other penalty, the court shall order the person
to pay restitution.
2. A person, except the purported issuer,
who possesses two or more credit cards or debit cards that are falsely made or
falsely embossed is presumed to have violated this section.
3. For the purpose of this section:
(a) A person “falsely makes” a credit card or
debit card when the person alters a validly issued credit card or debit card or
makes or draws, in whole or in part, a device or instrument which purports to
be the credit card or debit card of a named issuer where the issuer did not
authorize the making or drawing.
(b) A person “falsely embosses” a credit card or
debit card when, without the authorization of the named issuer, the person
completes a credit card or debit card by adding any matter, except the
signature of the cardholder, which the issuer requires to appear on the credit
card or debit card before the credit card or debit card can be used by a cardholder.
(Added to NRS by 1971, 360; A 1979, 1451; 1995, 1232; 1999, 48)
NRS 205.750 Unauthorized signing of credit card, debit card or related
document with intent to defraud. A
person, except the cardholder or a person authorized by the cardholder, who
signs a credit card, debit card, sales slip, sales draft or instrument for the
payment of money which evidences a credit card or debit card transaction with
the intent to defraud is guilty of a category D felony and shall be punished as
provided in NRS 193.130. In addition to
any other penalty, the court shall order the person to pay restitution.
(Added to NRS by 1971, 361; A 1973, 1035; 1979, 1452; 1995, 1233; 1999, 48)
NRS 205.760 Fraudulent use of credit card or debit card, or identifying
description of credit account or debit card; presumption of knowledge of
revocation of credit card or debit card.
1. Unless a greater penalty is provided
pursuant to NRS 205.222 for a violation of
subsection 2 of NRS 205.220, a person who, with the
intent to defraud:
(a) Uses a credit card or debit card to obtain
money, goods, property, services or anything of value where the credit card or
debit card was obtained or retained in violation of NRS
205.690 to 205.750, inclusive, or where the
person knows the credit card or debit card is forged or is the expired or
revoked credit card or debit card of another;
(b) Uses the number or other identifying physical
or electronic description of a credit account, customarily evidenced by a
credit card or the number or other identifying physical or electronic
description of a debit card, to obtain money, goods, property, services or
anything of value without the consent of the cardholder; or
(c) Obtains money, goods, property, services or
anything else of value by representing, without the consent of the cardholder,
that the person is the authorized holder of a specified card or that the person
is the holder of a card where the card has not in fact been issued,
Ê is guilty of
a public offense and shall be punished for a category D felony as provided in NRS 193.130. In addition to any other
penalty, the court shall order the person to pay restitution.
2. Unless a greater penalty is provided
pursuant to NRS 205.222 for a violation of
subsection 2 of NRS 205.220, a person who, with the
intent to defraud, uses a credit card or debit card to obtain money, goods,
property, services or anything of value where the credit card or debit card was
issued in his or her name and which the person knows is revoked or expired, or
when the person knows he or she does not have sufficient money or property with
which to pay for the extension of credit or to cover the debit from the account
linked to his or her debit card, shall be punished, where the amount of money
or the value of the goods, property, services or other things of value so
obtained in any 6-month period is:
(a) One hundred dollars or more, for a category D
felony as provided in NRS 193.130. In
addition to any other penalty, the court shall order the person to pay
restitution.
(b) Less than $100, for a misdemeanor.
3. A person is presumed to have knowledge
of the revocation of a credit card or debit card 4 days after notice of the
revocation has been mailed to the person by registered or certified mail,
return receipt requested, at the address set forth on the credit card or debit
card or at the person’s last known address. If the address is more than 500
miles from the place of mailing, notice must be sent by airmail. If the address
is located outside the United States, Puerto Rico, the Virgin Islands, the
Canal Zone and Canada, notice may be presumed to have been received 10 days
after the mailing.
(Added to NRS by 1971, 361; A 1979, 1452; 1985, 1457; 1987, 1192; 1991, 156; 1995, 1233; 1999, 49; 2009, 172)
NRS 205.765 Presumption of intent to defraud and knowledge that holder of
credit card or debit card has insufficient money or property. In a criminal action for using a credit card
or debit card to obtain money, goods, property, services or anything of value
with insufficient money or property with which to pay for the extension of
credit, with intent to defraud, that intent and the knowledge that the holder
of the credit card has insufficient money or property is presumed to exist if
payment is refused by the issuer or other creditor when it is presented in the
usual course of business, unless within 5 days after payment is refused by the
issuer if the action involves the use of a debit card or within 10 days after
payment is refused by the issuer if the action involves the use of a credit
card, the holder of the credit card pays the full amount due plus any handling
charges.
(Added to NRS by 1987, 1191; A 1999, 49)
NRS 205.770 Fraud by person authorized to provide goods or services:
Furnishing goods or services upon presentation of credit card or debit card
illegally obtained or possessed. A
person who is authorized by an issuer to furnish money, goods, services or
anything else of value upon presentation of a credit card or debit card by the
cardholder, or an agent or employee of the authorized person, who, with the
intent to defraud, furnishes money, goods, property, services or anything else
of value upon presentation of a credit card or debit card that the person,
employee or agent knows was obtained or retained in violation of NRS 205.690 to 205.750,
inclusive, or is forged, expired or revoked is guilty of a category D felony
and shall be punished as provided in NRS
193.130. In addition to any other penalty, the court shall order the person
to pay restitution.
(Added to NRS by 1971, 361; A 1979, 1452; 1985, 1458; 1995, 1234; 1999, 50)
NRS 205.780 Fraud by person authorized to provide goods or services:
Misrepresentation to issuer. A
person who is authorized by an issuer to furnish money, goods, property,
services or anything of value upon presentation of a credit card or debit card
by the cardholder, or an agent or employee of the authorized person, who, with
the intent to defraud, misrepresents to the issuer the value of the goods the
person furnishes or who fails to furnish money, goods, property, services or
anything else of value which the person represents in writing to the issuer
that he or she has furnished is guilty of a category D felony and shall be
punished as provided in NRS 193.130. In
addition to any other penalty, the court shall order the person to pay
restitution.
(Added to NRS by 1971, 362; A 1979, 1453; 1985, 1458; 1995, 1234; 1999, 50)
NRS 205.790 Possession of incomplete credit cards or debit cards or
equipment to produce cards.
1. A person, except the cardholder, who
possesses two or more incomplete credit cards or debit cards with the intent to
complete them without the consent of the issuer, or a person who, with
knowledge of its character, possesses machinery, plates or any other
contrivance designed to produce instruments which purport to be the credit
cards or debit cards of an issuer who has not consented to the preparation of
such credit cards or debit cards is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
2. As used in this section, a credit card
or debit card is “incomplete” if part of the matter, except the signature of
the cardholder, required by an issuer to appear on the credit card or debit
card has not yet been stamped, embossed, imprinted or written on the credit
card or debit card.
(Added to NRS by 1971, 362; A 1985, 1459; 1995, 1234; 1999, 50)
NRS 205.800 Receiving property or services obtained by unlawful use of
credit card or debit card; presumption of knowledge.
1. A person who receives money, property,
goods, services or anything of value obtained in violation of NRS 205.760, knowing or believing that the money,
property, goods, services or other things of value were so obtained, is guilty
of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who obtains at a discount
price from a source other than the issuing company a ticket issued by an
airline, railroad, steamship or other transportation company and acquired in
violation of NRS 205.760 under such circumstances
as to cause a reasonable person to believe that the ticket was obtained in
violation of this section is presumed to know that the ticket was obtained in
violation of NRS 205.760.
(Added to NRS by 1971, 362; A 1979, 1453; 1985, 1459; 1995, 1235; 1997, 1602)
NRS 205.810 Defenses not available. In
any prosecution for violation of NRS 205.610 to 205.800, inclusive, the State is not required to
establish and it is no defense that:
1. An accessory has not been convicted,
apprehended or identified; or
2. Some of the acts constituting elements
of the crime did not occur in this state or that where such acts did occur they
were not a crime or elements of a crime.
(Added to NRS by 1971, 362)
CARTS USED IN RETAIL STORES AND LAUNDRIES
NRS 205.830 Definitions. As
used in NRS 205.830 to 205.860,
inclusive, unless the context otherwise requires:
1. “Cart” means a small, wheeled vehicle,
drawn or pushed by hand which has a basket and which is used by customers or
employees:
(a) In a retail store, to transport goods of any
kind; or
(b) In a laundry or establishment for dry
cleaning, to transport fabrics and the supplies necessary to clean or launder
them.
2. “Premises” includes the area within a
retail store, laundry or establishment for dry cleaning and any area provided
for a customer’s use to park a vehicle.
(Added to NRS by 1985, 976)
NRS 205.840 Owner of cart required to place sign on premises. The owner of any cart shall place a sign on
his or her premises which contains:
1. The name, address and telephone number
of his or her business; and
2. A statement that the unauthorized
removal or possession of the cart is a misdemeanor.
(Added to NRS by 1985, 977)
NRS 205.850 Retrieval of carts: Permit from owner. Any
person who retrieves carts from areas not on the owner’s premises, whether as a
volunteer or for compensation, must obtain a permit from the owner authorizing
the person to retrieve carts. Each vehicle used to retrieve carts must have a
copy of the permit from the owner of the carts.
(Added to NRS by 1985, 977)
NRS 205.860 Wrongful possession, abandonment or alteration of cart or serial
number.
1. Any person who:
(a) Knowingly possesses a cart that has been
removed from the owner’s premises;
(b) Possesses a cart with the serial numbers
removed, obliterated or altered with the intent to deprive the owner of the
cart of its possession either temporarily or permanently;
(c) Leaves or abandons a cart at a location other
than the owner’s premises with the intent to deprive the owner of its
possession either temporarily or permanently;
(d) Alters, converts or tampers with a cart; or
(e) Removes, obliterates or alters the cart’s
serial numbers,
Ê is guilty of
a misdemeanor.
2. This section does not apply to:
(a) The owner of the cart or the owner’s agents
or employees;
(b) A customer of the retail store, laundry or
establishment for dry cleaning who has written permission from the owner of the
cart or the owner’s agents or employees to possess the cart or remove it from
the premises; or
(c) The operator of a service to retrieve carts
if the operator has complied with NRS 205.850.
(Added to NRS by 1985, 977)
OBTAINING CHILD CARE WITH INTENT TO DEFRAUD
NRS 205.870 Definitions. As
used in NRS 205.880 and 205.890,
unless the context otherwise requires:
1. “Care” includes board, laundry,
lodging, teaching, incidental materials and supplies, necessary articles of
apparel or clothing and necessary medical, nursing or hospital service for
which a child care establishment is liable.
2. “Child care establishment” includes any
children’s home, day nursery, kindergarten, nursery school or other similar
establishment however designated, maintained or operated for the care of
children for compensation or hire.
(Added to NRS by 1987, 1302)
NRS 205.880 Obtaining care for child in child care establishment with intent
to defraud keeper or proprietor; penalty; exception.
1. Any person who obtains care for any
child in any child care establishment with intent to defraud the keeper or
proprietor of that establishment is guilty of a misdemeanor.
2. This section does not apply where there
has been an agreement in writing for delay in payment for a period exceeding 10
days.
(Added to NRS by 1987, 1302)
NRS 205.890 Prima facie evidence of intent to defraud. The obtaining of care for a child in a child
care establishment by means of any false pretense or representation, knowingly
made, or the refusal or willful neglect to pay for that care, or the giving in
payment for that care of any negotiable paper on which payment is refused, or
the removal of a child from such an establishment without paying or offering to
pay for the child’s care, or the surreptitious removal or attempt to remove a
child from that establishment, is prima facie evidence of intent to defraud the
keeper or proprietor of that establishment.
(Added to NRS by 1987, 1302)
MISCELLANEOUS CRIMES AGAINST PROPERTY
NRS 205.900 Unlawful use of hotel key; penalty.
1. Any person who has unauthorized
possession of a key or other device used by a guest in a hotel or by the hotel
to gain entrance to a room in a hotel, under circumstances which demonstrate
the person’s intent to use or to allow the use of the device in the commission
of a crime is guilty of a gross misdemeanor.
2. As used in this section, “hotel” means
every building used as or held out to the public to be a place where
accommodations for sleeping or rooming are furnished to the public, either with
or without meals.
(Added to NRS by 1987, 545)
NRS 205.910 Unlawful use of television or radio signals; unlawful
manufacture or sale of devices to intercept or decode signals; penalty;
exceptions.
1. Any person who without authority:
(a) Leads or attempts to lead from its uses or
make use of the electrical signal or any portion thereof from any posts, wires,
towers or other materials or fixtures employed in the construction or use of
any line of a television coaxial cable or a microwave radio system;
(b) Attaches any device to a television receiver
of any kind for the purpose of intercepting or decoding the transmission of any
pay program of a multipoint distribution system in a manner not authorized by
the system; or
(c) Knowingly or willfully and for profit
manufactures, distributes or sells any device, kit or plan designed to
intercept or decode the transmission of a multipoint distribution system in a
manner not authorized by the system,
Ê is guilty of
a misdemeanor.
2. The provisions of this section do not
apply to the interception by a person of any direct transmission of a
television signal from a communication satellite if the person does not charge
a fee for admission to view the television show.
(Added to NRS by 1963, 9; A 1965, 63; 1967, 507; 1979, 1448; 1981, 2058; 1985, 1828)—(Substituted
in revision for NRS 205.470)
NRS 205.920 Obtaining or attempting to obtain telephone or telegraph service
with intent to avoid payment; penalty.
1. It is unlawful for a person to obtain
or attempt to obtain telephone or telegraph service with the intent to avoid
payment for that service by himself or herself or to avoid payment for that
service by any other person, by:
(a) Charging the service to an existing telephone
number without authority of the subscriber, to a nonexistent telephone number
or to a number associated with telephone service which is suspended or
terminated after notice of suspension or termination has been given to the
subscriber;
(b) Charging the service to a credit card without
authority of the lawful holder, to a nonexistent credit card or to a revoked or
cancelled, as distinguished from expired, credit card after notice of
revocation or cancellation has been given to the holder;
(c) Using a code, prearranged scheme or other
similar device to send or receive information;
(d) Rearranging, tampering with or making
connection with any facilities or equipment, whether physically, electrically,
acoustically, inductively or otherwise;
(e) Using any other deception, false token or
other means to avoid payment for the service; or
(f) Concealing, or assisting another to conceal,
from any telephone or telegraph company or from any lawful authority the
existence or place of origin or destination of any message.
2. A person who violates the provisions of
this section is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
3. This section applies when the service
involved either originates or terminates, or both originates and terminates, in
the State of Nevada, or when the charges for the service would have been
billable in the normal course by a person, firm or corporation providing the
service in this state but for the fact that the service was obtained or
attempted to be obtained by one or more of the means set forth in subsection 1.
(Added to NRS by 1965, 324; A 1967, 507; 1979, 1449; 1989, 1438; 1993, 872, 1206; 1995, 1235; 1997, 492)
NRS 205.930 Manufacture, possession, sale or other disposition of equipment
or information for obtaining telephone or telegraph service with intent to
avoid payment; penalty.
1. It is unlawful to make or possess any
instrument, apparatus or device or to sell, give or otherwise transfer to
another or to offer or advertise for sale any instrument, apparatus, device or
information, or plans or instructions for making or assembling such equipment,
with knowledge or reason to believe that it is intended to be used to obtain
telephone or telegraph service with intent to avoid payment therefor by any of
the means listed in paragraph (c), (d) or (f) of subsection 1 of NRS 205.920, or to represent or imply that it may
lawfully be so used.
2. A person who violates any of the provisions
of subsection 1 is guilty of a category D felony and shall be punished as
provided in NRS 193.130.
(Added to NRS by 1965, 325; A 1967, 508; 1993, 1206; 1997, 493)
NRS 205.940 Conversion of rented or leased personal property; penalty;
defenses to civil action.
1. Any person who in renting or leasing
any personal property obtains or retains possession of such personal property
by means of any false or fraudulent representation, fraudulent concealment,
false pretense or personation, trick, artifice or device, including, but not
limited to, a false representation as to his or her name, residence, employment
or operator’s license, is guilty of larceny and shall be punished as provided
in NRS 205.2175 to 205.2707,
inclusive. It is a complete defense to any civil action arising out of or
involving the arrest or detention of any person renting or leasing personal
property that any representation made by the person in obtaining or retaining
possession of the personal property is contrary to the fact.
2. Any person who, after renting or
leasing any personal property under an agreement in writing which provides for
the return of the personal property to a particular place at a particular time
fails to return the personal property to such place within the time specified,
and who, with the intent to defraud the lessor or to retain possession of such
property without the lessor’s permission, thereafter fails to return such
property to any place of business of the lessor within 72 hours after a written
demand for the return of such property is made upon the person by registered
mail addressed to his or her address as shown in the written agreement, or in
the absence of such address, to his or her last known place of residence, is
guilty of larceny and shall be punished as provided in NRS
205.2175 to 205.2707, inclusive. The failure
to return the personal property to the place specified in the agreement is
prima facie evidence of an intent to defraud the lessor or to retain possession
of such property without the lessor’s permission. It is a complete defense to
any civil action arising out of or involving the arrest or detention of any
person upon whom such demand was made that the person failed to return the
personal property to any place of business of the lessor within 20 days after
such demand.
(Added to NRS by 1971, 1017; A 1997, 345; 2009, 1243)
NRS 205.950 Unlawful receipt of fee, salary, deposit or money to obtain loan
for another; penalties.
1. It is unlawful for a person to receive
an advance fee, salary, deposit or money to obtain a loan for another unless
the person places the advance fee, salary, deposit or money in escrow pending
completion of the loan or a commitment for the loan.
2. Advance payments to cover reasonably
estimated costs paid to third persons are excluded from the provisions of
subsection 1 if the person making them first signs a written agreement which
specifies the estimated costs by item and the estimated aggregate cost, and
which recites that money advanced for costs will not be refunded. If an
itemized service is not performed and the estimated cost thereof is not
refunded, the recipient of the advance payment is subject to the penalties
provided in subsection 3.
3. A person who violates the provisions of
this section:
(a) Is guilty of a misdemeanor if the amount is
less than $650;
(b) Is guilty of a gross misdemeanor if the
amount is $650 or more but less than $1,000; or
(c) Is guilty of a category D felony if the
amount is $1,000 or more and shall be punished as provided in NRS 193.130.
(Added to NRS by 1977, 618; A 1979, 1396; 1989, 1439; 1991, 179; 1995, 1236; 1997, 519; 2011, 171)
NRS 205.960 Qualified intermediaries of clients with certain property:
Unlawful acts; criminal penalty; civil penalty.
1. It is unlawful for a person to enter
into an agreement to act as a qualified intermediary, as defined in 26 C.F.R. §
1.1031(k)-1(g)(4), for a client whose relinquished property is located in this
State unless:
(a) The proceeds from the disposition of the
relinquished property are deposited into a qualified escrow account or
qualified trust as defined in 26 C.F.R. § 1.1031(k)-1(g)(3).
(b) The money is held in such a manner that it
may not be withdrawn from the qualified escrow account or qualified trust without
the written approval of the intermediary and the client.
2. A person who violates the provisions of
this section is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
3. In addition to any other penalty
imposed, the court shall order a person who violates subsection 1 to pay a
civil penalty of not less than $10,000. The money so collected:
(a) Must not be deducted from any penal fine
imposed by the court;
(b) Must be stated separately on the court’s
docket; and
(c) Must be remitted forthwith to the
Commissioner of Financial Institutions.
(Added to NRS by 1993, 2021; A 1995, 668, 1236; 2007, 3120)
NRS 205.965 Unlawful possession, making, altering, forgery or counterfeiting
of sales receipt or inventory pricing label; penalties.
1. A person shall not, with the intent to
cheat or defraud a retailer, possess, make, alter, forge or counterfeit any
sales receipt or inventory pricing label.
2. Unless a greater penalty is imposed by
a specific statute and except as otherwise provided in subsection 3, a person
who violates any provision of subsection 1 is guilty of a category E felony and
shall be punished as provided in NRS
193.130.
3. Unless a greater penalty is imposed by
a specific statute, a person who violates any provision of subsection 1 and who
possesses 15 or more fraudulent sales receipts or inventory pricing labels is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. As used in this section, “inventory
pricing label” includes, without limitation, any written or electronic record
or label used by a retailer to identify, inventory or price any product or item
it offers for sale.
(Added to NRS by 2001, 833)
NRS 205.970 Unlawful possession, manufacture, sale or distribution of theft
detection shielding device or theft detection device deactivator; penalty.
1. A person shall not, with the intent to
commit, aid or abet a theft, possess any theft detection shielding device or
theft detection device deactivator.
2. A person shall not, with the intent to
commit, aid or abet a theft, manufacture, sell or distribute any theft
detection shielding device or theft detection device deactivator.
3. A person who violates any provision of
this section is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
4. As used in this section:
(a) “Theft detection device deactivator”
includes, without limitation, any tool or device designed to allow, or capable
of allowing, the deactivation or removal of a theft detection device from any
merchandise.
(b) “Theft detection shielding device” includes,
without limitation, any laminated or coated bag or device intended to shield
merchandise from detection by an electronic or magnetic theft detector.
(Added to NRS by 2001, 834)
CIVIL LIABILITY FOR LOSS OR DAMAGE TO PROPERTY
NRS 205.980 Determination of value of loss from crime; notice to victim; order
of restitution deemed judgment to collect damages.
1. A person who is convicted of violating
any provision of NRS 205.060 or 205.2175 to 205.2707,
inclusive, is civilly liable for the value of any property stolen and not
recovered in its original condition. The value of the property must be
determined by its retail value or fair market value at the time the crime was
committed, whichever is greater.
2. A person who is convicted of any other
crime involving damage to property is civilly liable for the amount of damage
done to the property.
3. The prosecutor shall notify the victim
concerning the disposition of the criminal charges against the defendant within
30 days after the disposition. The notice must be sent to the last known
address of the victim.
4. An order of restitution signed by the
judge in whose court the conviction was entered shall be deemed a judgment
against the defendant for the purpose of collecting damages.
5. Nothing in this section prohibits a
victim from recovering additional damages from the defendant.
(Added to NRS by 1993, 77; A 2009, 1244)
