USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 205 - CRIMES AGAINST PROPERTY
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)
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 himself 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)
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 himself 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)
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 in which another
person has a legal interest; or
3. Any timber, forest, shrubbery, crops, grass, vegetation or
other flammable material not his 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)
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)
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
himself 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)
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)
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]
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]
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
1. 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 his 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 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.
[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
)
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)
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 his 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
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)
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)
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)
1. Every person who makes or mends or causes to be made or mended,
or has in his 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 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
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 )
“Check” means any check, draft or
other negotiable instrument of any kind.
(Added to NRS by 1989, 1203)
“Control” means to act so as to
prevent a person from using his own property except on the actor’s terms.
(Added to NRS by 1989, 1204)
“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)
“Draw” means making, drawing,
uttering, preparing, writing or delivering a check.
(Added to NRS by 1989, 1204)
“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 )
“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)
“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)
“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 )
“Services” includes labor,
professional services, transportation, cable television, 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)
“Transfer” means to change the
possession or control of property.
(Added to NRS by 1989, 1204)
“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)
1. Except as otherwise provided in subsection 2, a person commits
theft if, without lawful authority, he 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 placed in
his 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 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 or parts, products or other items related to
such services which he knows are available only for compensation without
paying or agreeing to pay compensation or diverts the services of another
person to his 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 he 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, he received a written estimate of the cost of
the repair.
(Added to NRS by 1989, 1204; A 1999, 2706 ; 2001, 3024 )
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)
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)
1. Unless a greater penalty is imposed by a specific statute, 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 $250, 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 $250 or more but less than $2,500, 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 $2,500 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)
FORGERY, COUNTERFEITING AND ISSUANCE OF CHECK OR DRAFT WITH INTENT TO
DEFRAUD
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]
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)
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]
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)
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]
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 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 he had forged the same.
[1911 C&P § 402; RL § 6667; NCL § 10354]
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 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]
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)
Every
person who shall willfully sign the name of another person or of a
fictitious person to or for any consideration, gratuity or reward shall
sign his own name to or withdraw his name from any referendum or other
petition circulated in pursuance of any law of this State or any
municipal ordinance; or in signing his name to such petition shall
willfully subscribe to any false statement concerning his age,
citizenship, residence or other qualifications to sign the same; or
knowing that any such petition contains any such false or wrongful
signature or statement shall file the same, or put the same off with
intent that it should be filed, as a true and genuine petition, shall be
guilty of a misdemeanor.
[1911 C&P § 405; RL § 6670; NCL § 10357]
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 $250 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 $250, when the person knows he 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)
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, he is presumed to have acted maliciously and without probable
cause.
(Added to NRS by 1979, 1010; A 1993, 145)
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 $250 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 )
A person who has in his 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 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)
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]
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]
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 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)
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 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)
A person who has in his 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)
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)
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)
Every person who
shall use or display or have in his 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
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)
1. A person shall not knowingly sell, display or advertise, or
have in his 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 )
Every person
who shall for himself, 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]
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 him, 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 his employee or agent has reason to believe that
a person is recording a movie in this theater, he 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 )
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
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)
“Domesticated
animals” means all domesticated animals other than livestock.
(Added to NRS by 1997, 339)
“Domesticated birds”
means all poultry and domesticated fowl or birds.
(Added to NRS by 1997, 339)
“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)
“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)
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 $250 or more, owned
by another person;
(b) Bedding, furniture or other property, with a value of $250 or
more, which the person, as a lodger, is to use in or with his lodging and
which is owned by another person; or
(c) Real property, with a value of $250 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 he knows he 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 $250 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 $250 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)
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 $2,500, 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
$2,500 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)
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)
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 $2,500 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)
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)
1. Except as otherwise provided in NRS 205.220 , 205.226 ,
205.228 and 475.105 , 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
$250, owned by another person;
(2) Bedding, furniture or other property, with a value of
less than $250, which the person, as a lodger, is to use in or with his
lodging and which is owned by another person; or
(3) Real property, with a value of less than $250, 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 $250, owned by
another person.
2. 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 )
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)
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)
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 reasonable collection fee or charges.
[1911 C&P § 387; RL § 6652; NCL § 10339]
1. A person who, under circumstances not amounting to robbery,
with the intent to steal or appropriate to his own use, takes property
from the person of another, without his consent, is guilty of:
(a) If the value of the property taken is less than $2,500, a
category C felony and shall be punished as provided in NRS 193.130 ; or
(b) If the value of the property taken is $2,500 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)
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 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)
1. A person who intentionally steals, takes and carries away
property of the value of $250 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 $2,500, a
category C felony and shall be punished as provided in NRS 193.130 ; or
(b) If the value of the property taken is $2,500 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)
MOTOR VEHICLES
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)
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)
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 he 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 possession a motor vehicle which he 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 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 $2,500 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)
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)
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)
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 )
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
1. A person commits an offense involving stolen property if the
person, for his own gain or to prevent the owner from again possessing
his 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 $250, is guilty of a
misdemeanor;
(b) If the value of the property is $250 or more but less than
$2,500, 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 $2,500 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 )
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)
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 his hands, and shall annex a
schedule thereof to his return of the warrant. Whenever the district
attorney shall require such property for use as evidence upon the
examination or trial, such officer, upon his demand, shall deliver it to
him and take his receipt therefor, after which such district attorney
shall be answerable for the same.
[1911 C&P § 386; RL § 6651; NCL § 10338]
EMBEZZLEMENT
1. Any bailee of any money, goods or property, who converts it to
his 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)
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 master, employer, or any
other person or persons, corporation or corporations, by whom he may be
entrusted, shall withdraw himself and shall go away with the money,
goods, chattels or property, or any part thereof, with the intent to
steal the same, and defraud his master, employer or any other person or
persons, corporation or corporations, of the same, or being in the
service of his 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
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]
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, his 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]
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
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)
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
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, to him or them conveyed as aforesaid, or any part
thereof, is guilty of a gross misdemeanor.
[1911 C&P § 430; RL § 6695; NCL § 10382]—(NRS A 1967, 502)
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)
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)
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)
If
any debtor shall fraudulently remove his property or effects out of this
state, or shall fraudulently sell, convey or assign, or conceal his
property or effects, with intent to defraud, hinder or delay his
creditors of their just rights, claims or demands, he is guilty of a
gross misdemeanor.
[1911 C&P § 436; RL § 6701; NCL § 10388]—(NRS A 1967, 503)
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]
Every
person who shall receive any property or conveyance thereof from another,
knowing that the same is transferred or delivered to him 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]
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 $250 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 $250, for a
misdemeanor.
[1911 C&P § 462; RL § 6727; NCL § 10415]—(NRS A 1967, 503; 1979,
1446; 1989, 1435; 1995, 1224)
A person
who, by false representations of his 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 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 $250 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)
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 of any
other person, firm or corporation, in which he is interested, or for whom
or which he 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 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 of such person, firm or corporation, in which he is
interested, or for whom he is acting, procures, upon the faith thereof,
for the benefit either of himself, 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 of such person, firm or corporation, in which he is interested, or for
whom he 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 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)
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 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
$250 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 $250, 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 $250 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 $250, 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 )
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)
Every person
who shall maliciously or fraudulently execute or file for record any
instrument, or put forward any claim by which the right or title of
another to any real property is, or purports to be, transferred,
encumbered or clouded, shall be guilty of a gross misdemeanor.
[1911 C&P § 441; RL § 6706; NCL § 10394]
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)
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
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]
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 he 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)
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 $250 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)
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 )
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)
Every person who, with intent to affect the market price of any security
or property, shall put off, circulate or publish any false or misleading
writing, statement or intelligence, shall be guilty of a gross
misdemeanor.
[1911 C&P § 458; RL § 6723; NCL § 10411]
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, lodginghouse, 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, lodginghouse, 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, lodginghouse, 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 baggage therefrom,
without paying for his 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 $250 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 he gave in payment for the
food, foodstuffs, lodging, merchandise or other accommodations negotiable
paper on which payment was refused, or that he absconded without paying
or offering to pay for the food, foodstuffs, lodging, merchandise or
other accommodations, or that he surreptitiously removed or attempted to
remove his 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)
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 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 )
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 he stole the money or property so received.
[1911 C&P § 471; RL § 6736; NCL § 10420]—(NRS A 1979, 1448; 1999,
1345 )
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 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 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 PERSONAL IDENTIFYING INFORMATION
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 )
“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 )
“Document” includes, without
limitation, a photocopy print, photostat and other replica of a document.
(Added to NRS by 2003, 1355 )
“Older person” means a
person who is 60 years of age or older.
(Added to NRS by 2005, 2497 )
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, 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 )
“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 )
“Public employee” means
any person who is an employee or independent contractor of a public body.
(Added to NRS by 2003, 1356 )
“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 )
“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 )
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) 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 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; or
(b) 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 he 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 he obtained and used in violation
of subsection 1.
(Added to NRS by 1999, 1344 ; A 2003, 1357 ; 2005, 2499 )
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 obtaining and using the personal identifying information of an older
person or a vulnerable person 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 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 obtaining and possessing, selling or transferring the personal
identifying information of an older person or a vulnerable person 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 obtaining the personal
identifying information of an older person or a vulnerable person 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.
(Added to NRS by 2003, 1356 ; A 2005, 2499 )
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 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 selling or transferring
the personal identifying information of an older person or a vulnerable
person 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.
(Added to NRS by 1975, 1460; A 1981, 2012; 1985, 1980; 1995, 1227;
1999, 1345 ; 2001, 2581 ; 2003, 1358 , 2462 ; 2005, 2501 )
1. A person who is a victim of identity theft in this State and
who has filed with a law enforcement agency a written report stating that
the person is a victim of identity theft may apply for an identity theft
passport through any law enforcement agency.
2. A law enforcement agency that receives an application for an
identity theft passport shall submit the application and a copy of the
written report described in subsection 1 to the Attorney General for
processing for issuance of an identity theft passport.
3. The Attorney General, in cooperation with any law enforcement
agency, may issue an identity theft passport to a person who is a victim
of identity theft.
4. A person who is issued an identity theft passport pursuant to
subsection 3 may present his identity theft passport 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 personal identifying information; or
(b) A creditor to aid in the investigation of any fraudulent
account that is opened in his name or any fraudulent charge that is made
against an account in his name.
5. The law enforcement agency or creditor that is presented with
an identity theft passport pursuant to subsection 4 has sole discretion
to accept or reject such passport. In determining whether to accept or
reject the identity theft passport, 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 passport 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. 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 passport” means a card or certificate issued by
the Attorney General that identifies a person who has filed with a local
or state law enforcement agency in the State of Nevada a signed written
crime report that he is a victim of an alleged crime of identity theft
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 he 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 )
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 )
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 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 )
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 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, 1357 )
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 every physically present in that
jurisdiction.
(Added to NRS by 2003, 1357 ; A 2005, 2502 )
PROGRAMS FOR RESTITUTION BY CERTAIN PERSONS
1. A district attorney may create within his office 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 )
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)
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)
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, his designee 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)
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)
No statement
made by a person referred to the program for restitution in connection
with the determination of his 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
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 )
“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)
“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)
[Effective through
December 31, 2006.]
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; or
(b) 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.
(Added to NRS by 1999, 2703 ; A 2005, 2509 ; 2005, 22nd Special Session, 97 )
[Effective January 1,
2007.]
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 , effective January 1, 2007)
“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)
“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 )
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 a community antenna television
company, as defined in NRS 711.030 .
(Added to NRS by 1999, 2704 )
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 )
“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 )
“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)
“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)
“Provider” means any person who
provides an information service.
(Added to NRS by 1999, 2704 )
“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 )
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 )
“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)
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.
(Added to NRS by 1983, 1203; A 1991, 50; 1995, 1228; 1999, 2707
; 2001, 1240 )
1. Except as otherwise provided in subsections 3 and 4, a person
who knowingly, willfully 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
misdemeanor.
2. Except as otherwise provided in subsections 3 and 4, a person
who knowingly, willfully 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
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) He 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 )
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 )
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 )
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 )
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 )
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 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 him 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 )
An employee is
presumed to have the authority to access and use:
1. A computer, system or network owned or operated by his
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)
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 )
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
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 are not under his
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 $250 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 $250, for a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 510; 1979, 1450; 1989, 1439;
1995, 1230)
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)
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
uncanceled, shall be punished:
1. Where the value of the goods purported to be covered by the
document of title is $250 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 $250, for a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 510; 1979, 1450; 1989, 1439;
1995, 1230)
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)
A warehouseman, or any officer, agent or
servant of a warehouseman, in possession of goods which he owns in part,
wholly or jointly, who issues a negotiable warehouse receipt therefor,
without noting his ownership on the receipt, is guilty of a gross
misdemeanor.
(Added to NRS by 1965, 927; A 1967, 511)
A person who, with the intent to defraud,
obtains a negotiable document of title for goods to which he does not
have title, or which are subject to a security interest, and negotiates
the document for value, without disclosing his 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 $250 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 $250, for a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450; 1989, 1439;
1995, 1230)
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 $250 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 $250, for a misdemeanor.
(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450; 1989, 1440;
1995, 1230)
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 $250 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 $250, for a misdemeanor.
(Added to NRS by 1965, 928; A 1967, 511; 1979, 1450; 1989, 1440;
1995, 1231)
PAYMENT CARDS, REENCODERS AND SCANNING DEVICES
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 )
“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 )
“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 )
“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 )
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 )
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 )
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 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 )
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
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 )
“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 )
“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)
“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 )
“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 )
“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 )
“Receives” or
“receiving” means acquiring possession or control or accepting as
security for a loan.
(Added to NRS by 1971, 360)
“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 )
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 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 )
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 possession or under his 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
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 description of a credit card or credit account.
(b) “Debit card” includes, without limitation, the number or other
identifying 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 )
1. A person, except the issuer, who:
(a) Sells a credit card or debit card or the number or other
identifying description of a credit card, debit card or credit account; or
(b) Buys a credit card, debit card or the number or other
identifying 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
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 )
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)
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
)
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 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 he
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, he 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
)
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 )
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 description of a credit
account, customarily evidenced by a credit card or the number or other
identifying 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 he is
the authorized holder of a specified card or that he 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 name and which he knows is revoked or expired, or
when he knows he 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 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 him by registered or certified mail, return receipt requested,
at the address set forth on the credit card or debit card or at his 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 )
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 )
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 )
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 he furnishes
or who fails to furnish money, goods, property, services or anything else
of value which he represents in writing to the issuer that he 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 )
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
)
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)
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
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 his vehicle.
(Added to NRS by 1985, 976)
The owner of any cart shall place a sign on his premises which contains:
1. The name, address and telephone number of his business; and
2. A statement that the unauthorized removal or possession of the
cart is a misdemeanor.
(Added to NRS by 1985, 977)
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 him 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)
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, his 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, his
agents or employees to possess the cart or remove it from the premises; or
(c) The operator of a service to retrieve carts if he has complied
with NRS 205.850 .
(Added to NRS by 1985, 977)
OBTAINING CHILD CARE WITH INTENT TO DEFRAUD
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)
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)
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
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)
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)
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 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)
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)
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 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 him 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 him
by registered mail addressed to his address as shown in the written
agreement, or in the absence of such address, to his 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 he 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)
1. It is unlawful for a person to receive an advance fee, salary,
deposit or money to obtain a loan for another unless he 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 $250;
(b) Is guilty of a gross misdemeanor if the amount is $250 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)
1. It is unlawful for a person to enter into an agreement to act
as an intermediary to hold the money of another person pursuant to an
exchange of property which is or is purported to be tax free pursuant to
26 U.S.C. § 1031 unless:
(a) The intermediary is a qualified intermediary as defined in 26
C.F.R. § 1.1031(k)-1(g);
(b) The money is deposited in a qualified escrow account as defined
in 26 C.F.R. § 1.1031(k)-1(g); and
(c) The money is held in such a manner that it may not be withdrawn
from the escrow account without the written approval of the intermediary
and the person for whom he is holding the money.
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 Administrator of the Real
Estate Division of the Department of Business and Industry.
(Added to NRS by 1993, 2021; A 1995, 668, 1236)
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 )
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
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)
