2005 Nevada Revised Statutes - Chapter 205 — Crimes Against Property
CHAPTER 205 - CRIMES AGAINST PROPERTY
ARSON
NRS 205.005 Setfire to defined.
NRS 205.010 Firstdegree.
NRS 205.015 Seconddegree.
NRS 205.020 Thirddegree.
NRS 205.025 Fourthdegree.
NRS 205.030 Burningor aiding and abetting burning of property with intent to defraud insurer;penalty.
NRS 205.034 Additionalpenalties.
NRS 205.045 Contiguousfires.
NRS 205.050 Ownershipof building.
NRS 205.055 Preparationis attempt to commit arson.
BURGLARY; INVASION OF THE HOME
NRS 205.060 Burglary:Definition; penalties; venue.
NRS 205.065 Inferenceof burglarious intent.
NRS 205.067 Invasionof the home: Definition; penalties; venue.
NRS 205.070 Commissionof another crime while committing burglary or invasion of the home.
NRS 205.075 Burglarywith explosives; penalty.
NRS 205.080 Possessionof instrument with burglarious intent; making, alteration or repair ofinstrument for committing offense; penalty.
THEFT
NRS 205.0821 Definitions.
NRS 205.0822 Checkdefined.
NRS 205.0823 Controldefined.
NRS 205.0824 Deprivedefined.
NRS 205.0825 Drawdefined.
NRS 205.08255 Intangibleproperty defined.
NRS 205.0826 Issuedefined.
NRS 205.0827 Obtaindefined.
NRS 205.0828 Propertyof another person defined.
NRS 205.0829 Servicesdefined.
NRS 205.083 Transferdefined.
NRS 205.0831 Valuedefined.
NRS 205.0832 Actionswhich constitute theft.
NRS 205.0833 Theftconstitutes single offense embracing certain separate offenses; specificationof charge in indictment or information.
NRS 205.0834 Determinationof amount involved in particular theft.
NRS 205.0835 Penalties.
FORGERY, COUNTERFEITING AND ISSUANCE OF CHECK OR DRAFT WITHINTENT TO DEFRAUD
NRS 205.085 Definitions.
NRS 205.090 Forgeryof conveyances, negotiable instruments, stock certificates, wills and otherinstruments; utterance of forged instrument.
NRS 205.095 Otheracts constituting forgery.
NRS 205.100 Making,uttering or possessing with intent to utter fictitious bill, note or check.
NRS 205.105 Forgeryof instrument purporting to have been issued by corporation or state.
NRS 205.110 Utteringforged instruments: Forgery.
NRS 205.115 Truewriting signed by wrongdoers name or name of person not in existence.
NRS 205.120 Falsecertificate to certain instruments punishable as forgery.
NRS 205.125 Misconductin signing or filing petition.
NRS 205.130 Issuanceof check or draft without sufficient money or credit: Penalties.
NRS 205.132 Issuanceof check or draft without sufficient money or credit: Presumptions of intent todefraud and knowledge of insufficiency; malice in causing prosecution.
NRS 205.134 Issuanceof check or draft without sufficient money or credit: Posting notices.
NRS 205.160 Possessingor receiving forged instruments or bills.
NRS 205.165 Generalreputation may be used to prove incorporation in trial for forgery of bill ornote of incorporated company or bank.
NRS 205.170 Expertmay prove forgery or counterfeit.
NRS 205.175 Counterfeitingseals; forgery of signatures of public officers; sale or possession ofcounterfeit badge or identification of law enforcement agency.
NRS 205.180 Counterfeitinggold dust, bars or other articles; making or possessing instruments.
NRS 205.185 Possessingor receiving counterfeit gold dust, silver, bullion or bars.
NRS 205.195 Counterfeitingstamps and labels.
NRS 205.200 Goodscontaining forged stamps.
NRS 205.205 Counterfeitingtrademark or design.
NRS 205.210 Selling,displaying or advertising goods with false trademark.
NRS 205.215 Fraudulentregistration of trademark.
NRS 205.216 Unlawfuloperation of audiovisual recording function in motion picture theater.
NRS 205.217 Unlawfulreproduction or sale of sound recordings.
LARCENY
NRS 205.2175 Definitions.
NRS 205.218 Domesticatedanimals defined.
NRS 205.2185 Domesticatedbirds defined.
NRS 205.219 Livestockdefined.
NRS 205.2195 Propertydefined.
NRS 205.220 Grandlarceny: Definition.
NRS 205.222 Grandlarceny: Penalties.
NRS 205.226 Grandlarceny of firearm; penalty.
NRS 205.228 Grandlarceny of motor vehicle; penalty.
NRS 205.230 Dutiesof peace officer concerning grand larceny of animal.
NRS 205.240 Petitlarceny; penalty.
NRS 205.251 Determinationof value of property involved in larceny offense.
NRS 205.260 Negotiableand other instruments subjects of larceny.
NRS 205.265 Commissionor part ownership no defense for larceny.
NRS 205.270 Penaltyfor taking property from person of another under circumstances not amounting torobbery; limitation on granting of probation or suspension of sentence.
NRS 205.2705 Useof unlawful coin or cheating device in vending machine, telephone or other coinoperated device prohibited; penalty.
NRS 205.2707 Penaltyfor theft of money or property of value of $250 or more from vending machines;determination of value of property taken includes cost to repair any damage tovending machine.
MOTOR VEHICLES
NRS 205.271 Ownerdefined.
NRS 205.2715 Unlawfultaking of vehicle: Inference; penalty.
NRS 205.273 Offenseinvolving stolen vehicle: Definition; penalty; restitution; determination ofvalue of vehicle.
NRS 205.274 Injuringor tampering with vehicle; penalties.
NRS 205.2741 Throwingsubstance at or willfully damaging bicycle or motor vehicle; penalty.
NRS 205.2745 Owningor operating premises on which illegally obtained motor vehicle is altered,destroyed, disassembled, reassembled or stored for certain purposes; penalties.
NRS 205.2747 Unlawfultransfer or assignment of right or interest in motor vehicle; penalty.
BUYING OR RECEIVING STOLEN GOODS
NRS 205.275 Offenseinvolving stolen property: Definition; penalty; restitution; prima facieevidence; determination of value of property.
NRS 205.290 Restorationof stolen property to owner.
NRS 205.295 Restorationof stolen property: Duties of officers.
EMBEZZLEMENT
NRS 205.300 Definition;punishment.
NRS 205.305 Primafacie evidence of embezzlement.
NRS 205.310 Contractorfailing to pay for labor or material.
NRS 205.312 Willfulor intentional failure to return leased or rented vehicle to owner: Inferenceof embezzlement.
EXTORTION
NRS 205.320 Threats.
NRS 205.322 Extortionatecollection of debt.
FRAUD AND FALSE PERSONATION
NRS 205.330 Fraudulentconveyances.
NRS 205.335 Saleor removal of goods subject to security interest by debtor in possessionwithout consent of secured party.
NRS 205.340 Saleor creation of security interest in personal property subject to securityinterest or lien without informing purchaser or secured party.
NRS 205.345 Destructionor removal of personal property upon which security interest or lease exists.
NRS 205.350 Removalor sale of property to defraud creditors.
NRS 205.355 Fraudulentsale or concealment of personal property after action commenced or judgmentrendered.
NRS 205.360 Knowinglyreceiving fraudulent conveyance.
NRS 205.365 Fraudulentlyselling real estate twice.
NRS 205.370 Swindling;credit by false representations.
NRS 205.375 Falsewritten statements to obtain property or credit.
NRS 205.380 Obtainingmoney, property, rent or labor by false pretenses.
NRS 205.390 Obtainingsignature by false pretense.
NRS 205.395 Falserepresentation concerning title.
NRS 205.400 Fraudby bailee of animal.
NRS 205.405 Falsifyingaccounts.
NRS 205.410 Improperuse of insignia.
NRS 205.415 Collectingfor benefit without authority.
NRS 205.420 Useof false permit, license or writing.
NRS 205.435 Fraudulentissue of stock.
NRS 205.440 Publishingfalse statement to affect market price.
NRS 205.445 Defraudingproprietor of hotel, inn, restaurant, motel or similar establishment.
NRS 205.450 Personatinganother.
NRS 205.455 Personatinganother same as stealing.
NRS 205.460 Preparation,transfer or use of false identification regarding person under 21 years of age;penalties; demand of proof of age as defense to certain proceedings.
UNLAWFUL ACTS REGARDING PERSONAL IDENTIFYING INFORMATION
NRS 205.461 Definitions.
NRS 205.4611 Artificialperson defined.
NRS 205.4613 Documentdefined.
NRS 205.4615 Olderperson defined.
NRS 205.4617 Personalidentifying information defined.
NRS 205.462 Publicbody defined.
NRS 205.4623 Publicemployee defined.
NRS 205.4627 Publicofficer defined.
NRS 205.4629 Vulnerableperson defined.
NRS 205.463 Obtainingand using personal identifying information of another person to harm person orfor unlawful purpose; penalties.
NRS 205.464 Obtaining,using, possessing or selling personal identifying information for unlawfulpurpose by public officer or public employee; penalties.
NRS 205.465 Possessionor sale of document or personal identifying information to establish falsestatus or identity; penalties.
NRS 205.4651 Identitytheft passport: Application; issuance; presentation to law enforcement agencyor creditors; discretion to accept or reject passport; application not publicrecord; regulations; acceptance of gifts, grants and donations.
NRS 205.46513 Establishingor possessing financial forgery laboratory unlawful; penalty; expert testimony.
NRS 205.46517 Courtrecords.
NRS 205.4653 Prosecutionregardless of whether person whose personal identifying information was stolenis living or deceased, is artificial person or suffers financial loss orinjury.
NRS 205.4655 Exemptpersons.
NRS 205.4657 Defensesnot available; jurisdiction.
PROGRAMS FOR RESTITUTION BY CERTAIN PERSONS
NRS 205.466 Creationand operation of program; acceptance of person in program.
NRS 205.467 Noticeto persons accepted into program.
NRS 205.468 Actionsrequired of persons accepted into program.
NRS 205.469 Agreementto suspend prosecution of person accepted into program: Entry; conditions;completion.
NRS 205.471 Collectionof fee from offender; amount and disposition of fee.
NRS 205.472 Statementsby person referred to or participating in program inadmissible in civil andcriminal proceedings.
UNLAWFUL ACTS REGARDING COMPUTERS AND INFORMATION SERVICES
NRS 205.473 Definitions.
NRS 205.4732 Accessdefined.
NRS 205.4735 Computerdefined.
NRS 205.4737 Computercontaminant defined. [Effective through December 31, 2006.]
NRS 205.4737 Computercontaminant defined. [Effective January 1, 2007.]
NRS 205.474 Datadefined.
NRS 205.4742 Encryptiondefined.
NRS 205.4743 Informationservice defined.
NRS 205.4744 Internetor network site defined.
NRS 205.4745 Networkdefined.
NRS 205.475 Programdefined.
NRS 205.4755 Propertydefined.
NRS 205.4757 Providerdefined.
NRS 205.4758 Providerof Internet service defined.
NRS 205.4759 Responsecosts defined.
NRS 205.476 Systemdefined.
NRS 205.4765 Unlawfulacts regarding computers: Generally.
NRS 205.477 Unlawfulinterference with or denial of access to or use of computers; unlawful use oraccess of computers; affirmative defense.
NRS 205.481 Forgeryby creation, alteration or deletion of data, information, image, program,signal or sound contained in computer.
NRS 205.486 Unlawfuluse of encryption.
NRS 205.492 Unlawfulacts involving electronic mail or transmission of other data, information,images, programs, signals or sounds to computer, system or network.
NRS 205.498 Providerof Internet service required to keep certain information concerning subscribersconfidential; notice required to be provided to subscribers.
NRS 205.506 Unlawfulacts regarding information services.
NRS 205.509 Presumptionof authority of employee.
NRS 205.511 Victimauthorized to bring civil action.
NRS 205.513 Enforcementof provisions.
DOCUMENTS OF TITLE
NRS 205.520 Issueof document of title for goods not received.
NRS 205.530 Issueof document of title containing false statement.
NRS 205.540 Issueof duplicate or additional negotiable document of title not so marked.
NRS 205.550 Deliveryof goods covered by outstanding negotiable document of title without obtainingnegotiable document.
NRS 205.560 Issueof negotiable warehouse receipt not stating fact of warehousemans ownership.
NRS 205.570 Obtainingor negotiating document of title for goods with intent to defraud.
NRS 205.580 Inducingbailee to issue negotiable document of title when goods have not been received.
NRS 205.590 Negotiationof document of title when goods are not in bailees possession.
PAYMENT CARDS, REENCODERS AND SCANNING DEVICES
NRS 205.601 Definitions.
NRS 205.602 Paymentcard defined.
NRS 205.603 Reencoderdefined.
NRS 205.604 Scanningdevice defined.
NRS 205.605 Usingscanning device or reencoder to defraud.
NRS 205.606 Possessionof scanning device or reencoder for unlawful purpose.
NRS 205.607 Exemptpersons.
NRS 205.608 Defensesnot available.
CREDIT CARDS AND DEBIT CARDS
NRS 205.610 Definitions.
NRS 205.620 Cardholderdefined.
NRS 205.630 Creditcard defined.
NRS 205.635 Debitcard defined.
NRS 205.640 Expiredcredit card or debit card defined.
NRS 205.650 Issuerdefined.
NRS 205.660 Receivesand receiving defined.
NRS 205.670 Revokedcredit card or debit card defined.
NRS 205.680 Falsestatement to procure issuance of credit card or debit card.
NRS 205.690 Obtainingor possessing credit card or debit card, or identifying description of creditcard, credit account or debit card without consent of cardholder; presumptionfrom possession; exemptions.
NRS 205.710 Saleor purchase of credit card or debit card, or identifying description of creditcard, debit card or credit account; exemptions.
NRS 205.715 Saleof identifying information on telephone calling card.
NRS 205.720 Obtainingcontrol of credit card or debit card as security for debt.
NRS 205.740 Forgeryof credit card or debit card; presumption from possession.
NRS 205.750 Unauthorizedsigning of credit card, debit card or related document with intent to defraud.
NRS 205.760 Fraudulentuse of credit card or debit card, or identifying description of credit accountor debit card; presumption of knowledge of revocation of credit card or debitcard.
NRS 205.765 Presumptionof intent to defraud and knowledge that holder of credit card or debit card hasinsufficient money or property.
NRS 205.770 Fraudby person authorized to provide goods or services: Furnishing goods or servicesupon presentation of credit card or debit card illegally obtained or possessed.
NRS 205.780 Fraudby person authorized to provide goods or services: Misrepresentation to issuer.
NRS 205.790 Possessionof incomplete credit cards or debit cards or equipment to produce cards.
NRS 205.800 Receivingproperty or services obtained by unlawful use of credit card or debit card;presumption of knowledge.
NRS 205.810 Defensesnot available.
CARTS USED IN RETAIL STORES AND LAUNDRIES
NRS 205.830 Definitions.
NRS 205.840 Ownerof cart required to place sign on his premises.
NRS 205.850 Retrievalof carts: Permit from owner.
NRS 205.860 Wrongfulpossession, abandonment or alteration of cart or serial number.
OBTAINING CHILD CARE WITH INTENT TO DEFRAUD
NRS 205.870 Definitions.
NRS 205.880 Obtainingcare for child in child care establishment with intent to defraud keeper orproprietor; penalty; exception.
NRS 205.890 Primafacie evidence of intent to defraud.
MISCELLANEOUS CRIMES AGAINST PROPERTY
NRS 205.900 Unlawfuluse of hotel key; penalty.
NRS 205.910 Unlawfuluse of television or radio signals; unlawful manufacture or sale of devices tointercept or decode signals; penalty; exceptions.
NRS 205.920 Obtainingor attempting to obtain telephone or telegraph service with intent to avoidpayment; penalty.
NRS 205.930 Manufacture,possession, sale or other disposition of equipment or information for obtainingtelephone or telegraph service with intent to avoid payment; penalty.
NRS 205.940 Conversionof rented or leased personal property; penalty; defenses to civil action.
NRS 205.950 Unlawfulreceipt of fee, salary, deposit or money to obtain loan for another; penalties.
NRS 205.960 Intermediariesin tax-free exchanges: Unlawful acts; criminal penalty; civil penalty.
NRS 205.965 Unlawfulpossession, making, altering, forgery or counterfeiting of sales receipt orinventory pricing label; penalties.
NRS 205.970 Unlawfulpossession, manufacture, sale or distribution of theft detection shieldingdevice or theft detection device deactivator; penalty.
CIVIL LIABILITY FOR LOSS OR DAMAGE TO PROPERTY
NRS 205.980 Determinationof value of loss from crime; notice to victim; order of restitution deemedjudgment to collect damages.
_________
ARSON
NRS
[1911 C&P 363; RL 6628; NCL 10313](Substituted in revision for NRS 205.040)
NRS
1. Dwelling house or other structure or mobile home,whether occupied or vacant; or
2. Personal property which is occupied by one or morepersons,
whether theproperty of himself or of another, is guilty of arson in the first degree whichis a category B felony and shall be punished by imprisonment for a minimum termof not less than 2 years and a maximum term of not more than 15 years, and maybe further punished by a fine of not more than $15,000.
[1911 C&P 359; A 1927, 228; 1943, 181; 1943 NCL 10307](NRS A 1967, 493; 1975, 916; 1979, 1439; 1987, 1475; 1995, 1213)
NRS
[1911 C&P 360; A 1927, 228; 1943, 181; 1943 NCL 10308](NRS A 1975, 916; 1979, 1439; 1995, 1213)
NRS
1. Any unoccupied personal property of another whichhas the value of $25 or more;
2. Any unoccupied personal property owned by him inwhich another person has a legal interest; or
3. Any timber, forest, shrubbery, crops, grass,vegetation or other flammable material not his own,
is guilty ofarson in the third degree which is a category D felony and shall be punished asprovided 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 toset fire to or attempts to burn or to aid, counsel or procure the burning ofany of the buildings or property mentioned in NRS205.010, 205.015 and
2. In any prosecution under this section the placingor distributing of any inflammable, explosive or combustible material orsubstance, or any device in any building or property mentioned in
[1911 C&P 361 1/2; added 1927, 228; A 1943,181; 1943 NCL 10311](NRS A 1967, 493; 1979, 1439; 1995, 1214)
NRS
[1911 C&P 361; A 1927, 228; 1943, 181; 1943 NCL 10310](NRS A 1967, 493; 1979, 1440; 1995, 1214)
NRS
1. Court costs;
2. The costs of providing police and fire servicesrelated to the crime; or
3. The costs of the investigation and prosecution ofthe crime,
or anycombination of subsections 1, 2 and 3.
(Added to NRS by 1989, 964)
NRS
[1911 C&P 364; RL 6629; NCL 10314]
NRS
[1911 C&P 365; RL 6630; NCL 10315]
NRS
[1911 C&P 366; RL 6631; NCL 10316](NRS A1967, 135; 1973, 553)
BURGLARY; INVASION OF THE HOME
NRS
1. A person who, by day or night, enters any house,room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouseor other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, airplane, glider, boat or railroad car, with the intent to commitgrand or petit larceny, assault or battery on any person or any felony, or toobtain money or property by false pretenses, is guilty of burglary.
2. Except as otherwise provided in this section, aperson convicted of burglary is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 10 years, and may be furtherpunished by a fine of not more than $10,000. A person who is convicted ofburglary and who has previously been convicted of burglary or another crimeinvolving the forcible entry or invasion of a dwelling must not be released onprobation 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 orrailroad car, in motion or in rest, in this State, and it cannot withreasonable certainty be ascertained in what county the crime was committed, theoffender may be arrested and tried in any county through which the vessel,vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat orrailroad car traveled during the time the burglary was committed.
4. A person convicted of burglary who has in hispossession or gains possession of any firearm or deadly weapon at any timeduring the commission of the crime, at any time before leaving the structure orupon leaving the structure, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 2 years and a maximum term of not more than 15 years, and may be furtherpunished 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)
NRS
[1911 C&P 370; RL 6635; NCL 10320](NRS A1959, 19; 1983, 718; 1989, 1207)
NRS
1. A person who, by day or night, forcibly enters aninhabited dwelling without permission of the owner, resident or lawfuloccupant, whether or not a person is present at the time of the entry, isguilty of invasion of the home.
2. A person convicted of invasion of the home isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot 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 haspreviously been convicted of burglary or invasion of the home must not bereleased on probation or granted a suspension of his sentence.
3. Whenever an invasion of the home is committed on avessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider,boat or railroad car, in motion or in rest, in this State, and it cannot withreasonable certainty be ascertained in what county the crime was committed, theoffender may be arrested and tried in any county through which the conveyance,vessel, boat, vehicle, house trailer, travel trailer, motor home or railroadcar traveled during the time the invasion was committed.
4. A person convicted of invasion of the home who hasin his possession or gains possession of any firearm or deadly weapon at anytime during the commission of the crime, at any time before leaving thestructure or upon leaving the structure, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 2 years and a maximum term of not more than 15 years, and may befurther punished by a fine of not more than $10,000.
5. As used in this section:
(a) Forcibly enters means the entry of an inhabiteddwelling involving any act of physical force resulting in damage to thestructure.
(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 orother lawful occupant resides.
(Added to NRS by 1989, 1452; A 1995, 1215)
NRS
[1911 C&P 371; RL 6636; NCL 10321](NRS A1989, 1453)
NRS
1. A person who, with the intent to commit a crime,breaks and enters, either by day or by night, any building whether inhabited ornot, and opens or attempts to open any vault, safe or other secure place by useof nitroglycerine, dynamite, gunpowder or any other explosive, is guilty ofburglary with explosives.
2. A person convicted of burglary with explosives isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 2 years and a maximum term ofnot more than 15 years.
[1:75:1919; 1919 RL p. 3376; NCL 10524] +[2:75:1919; 1919 RL p. 3376; NCL 10525](NRS A 1967, 494; 1995, 1216)
NRS
1. Every person who makes or mends or causes to bemade or mended, or has in his possession in the day or nighttime, any engine,machine, tool, false key, picklock, bit, nippers or implement adapted, designedor commonly used for the commission of burglary, invasion of the home, larcenyor other crime, under circumstances evincing an intent to use or employ, orallow the same to be used or employed in the commission of a crime, or knowingthat the same is intended to be so used, shall be guilty of a grossmisdemeanor.
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 hadwith intent to use or employ or allow the same to be used or employed in thecommission of a crime.
[1911 C&P 372; RL 6637; NCL 10322](NRS A1989, 1453)
THEFT
NRS
(Added to NRS by 1989, 1203; A
NRS
(Added to NRS by 1989, 1203)
NRS
(Added to NRS by 1989, 1204)
NRS
(Added to NRS by 1989, 1204)
NRS
(Added to NRS by 1989, 1204)
NRS
(Added to NRS by
NRS
(Added to NRS by 1989, 1204)
NRS
(Added to NRS by 1989, 1204)
NRS
(Added to NRS by 1989, 1204; A
NRS
(Added to NRS by 1989, 1204)
NRS
(Added to NRS by 1989, 1204)
NRS
(Added to NRS by 1989, 1204)
NRS
1. Except as otherwise provided in subsection 2, aperson commits theft if, without lawful authority, he knowingly:
(a) Controls any property of another person with theintent to deprive that person of the property.
(b) Converts, makes an unauthorized transfer of aninterest in, or without authorization controls any property of another person, oruses the services or property of another person entrusted to him or placed inhis possession for a limited, authorized period of determined or prescribedduration or for a limited use.
(c) Obtains real, personal or intangible property orthe services of another person by a material misrepresentation with intent todeprive that person of the property or services. As used in this paragraph,material misrepresentation means the use of any pretense, or the making ofany promise, representation or statement of present, past or future fact whichis fraudulent and which, when used or made, is instrumental in causing thewrongful control or transfer of property or services. The pretense may beverbal or it may be a physical act.
(d) Comes into control of lost, mislaid or misdeliveredproperty of another person under circumstances providing means of inquiry as tothe true owner and appropriates that property to his own use or that of anotherperson without reasonable efforts to notify the true owner.
(e) Controls property of another person knowing orhaving reason to know that the property was stolen.
(f) Obtains services or parts, products or other itemsrelated to such services which he knows are available only for compensation withoutpaying or agreeing to pay compensation or diverts the services of anotherperson to his own benefit or that of another person without lawful authority todo so.
(g) Takes, destroys, conceals or disposes of propertyin which another person has a security interest, with intent to defraud thatperson.
(h) Commits any act that is declared to be theft by aspecific statute.
(i) Draws or passes a check, and in exchange obtainsproperty or services, if he knows that the check will not be paid when presented.
(j) Obtains gasoline or other fuel or automotiveproducts which are available only for compensation without paying or agreeingto pay compensation.
2. A person who commits an act that is prohibited bysubsection 1 which involves the repair of a vehicle has not committed theftunless, before the repair was made, he received a written estimate of the costof the repair.
(Added to NRS by 1989, 1204; A
NRS
1. Conduct denominated theft in
2. A criminal charge of theft may be supported byevidence that an act was committed in any manner that constitutes theftpursuant to NRS 205.0821 to
(Added to NRS by 1989, 1205)
NRS
(Added to NRS by 1989, 1205)
1. Unless a greater penalty is imposed by aspecific statute, a person who commits theft in violation of any provision of
2. If the value of the property or services involvedin the theft is less than $250, the person who committed the theft is guilty ofa misdemeanor.
3. If the value of the property or services involvedin the theft is $250 or more but less than $2,500, the person who committed thetheft is guilty of a category C felony and shall be punished as provided in
4. If the value of the property or services involvedin the theft is $2,500 or more, the person who committed the theft is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 1 year and a maximum term of not more than10 years, and by a fine of not more than $10,000.
5. In addition to any other penalty, the court shallorder 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 WITHINTENT TO DEFRAUD
1. Within the provisions of this chapter relating toforgery or other offense, a written instrument, or a writing, or a paper,shall include an instrument partly written and partly printed or wholly printedwith a written signature thereto, or any signature or writing purporting to bea signature of or intended to bind an individual, partnership, corporation orassociation or an officer thereof.
2. The words forge, forgery, forged, andforging, shall include false making, counterfeiting and the alteration,erasure or obliteration of a genuine instrument in whole or in part, the falsemaking or counterfeiting of the signature of a party or witness, real orfictitious, and the placing or connecting together with intent to defraud, ofdifferent parts or the whole of several genuine instruments.
3. A plate is in the form and similitude, of thegenuine instrument forged, if the finished parts of the engraving thereuponshall resemble or conform to the similar parts of the genuine instrument.
4. A plate, label, trademark, term, design, device or formof advertisement is in the form and similitude of the genuine instrumentimitated if the finished parts of the engraving thereupon shall resemble orconform to the similar parts of the genuine instrument.
[1911 C&P 408; RL 6673; NCL 10360] + [1911C&P 429; RL 6694; NCL 10381]
NRS
[1911 C&P 398; A 1941, 308; 1931 NCL 10350](NRS A 1967, 494; 1969, 14; 1973, 174; 1979, 1440; 1995, 1216)
NRS
1. Make any false entry in any public record oraccount;
2. Fail to make a true entry of any material matter inany public record or account; or
3. Forge any letter or written communication or copyor purported copy thereof, or send or deliver, or connive at the sending ordelivery of any false or fictitious telegraph message or copy or purported copythereof, whereby or wherein the sentiments, opinions, conduct, character,purpose, property, interests or rights of any person shall be misrepresented ormay be injuriously affected, or knowing any such letter, communication ormessage or any copy or purported copy thereof to be false, shall utter or publishthe same or any copy or purported copy thereof as true,
shall beguilty of forgery and be punished as provided in
[1911 C&P 399; RL 6664; NCL 10351]
NRS
1. Every person who makes, passes, utters orpublishes, with an intention to defraud any person or persons, body politic orcorporate, either in this state or elsewhere, or with the like intentionattempts to pass, utter or publish any fictitious bill, note or checkpurporting to be the bill, note or check, or other instrument in writing, forthe payment of money or property of some bank, corporation, copartnership orindividual, when in fact there is no such bank, corporation, copartnership orindividual in existence, the person knowing the bill, note, check or instrumentin writing for the payment of money or property or any labor claim or claims tobe fictitious, is guilty of forgery, and shall be punished as provided in
2. Whenever the note, bill, check or other instrumentin writing is drawn upon any bank, proof that the purported drawer had noaccount at the bank shall be deemed sufficient evidence to sustain theallegation of the nonexistence of the drawer of such instrument.
[1911 C&P 400; A 1915, 15; 1941, 308; 1931 NCL 10352](NRS A 1967, 495; 1979, 1441; 1997, 1184)
NRS
[1911 C&P 401; RL 6666; NCL 10353]
NRS
[1911 C&P 402; RL 6667; NCL 10354]
NRS
[1911 C&P 403; RL 6668; NCL 10355]
NRS
[1911 C&P 404; RL 6669; NCL 10356](NRS A1995, 1217)
NRS
[1911 C&P 405; RL 6670; NCL 10357]
NRS
1. Except as otherwise provided in this subsection andsubsections 2 and 3, a person who willfully, with an intent to defraud, drawsor 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 gamingestablishment,
drawn uponany real or fictitious person, bank, firm, partnership, corporation ordepositary, when the person has insufficient money, property or credit with thedrawee of the instrument to pay it in full upon its presentation, is guilty ofa misdemeanor. If that instrument, or a series of instruments passed in theState during a period of 90 days, is in the amount of $250 or more, the personis guilty of a category D felony and shall be punished as provided in
2. A person who was previously convicted three timesof a misdemeanor under the provisions of this section, or of an offense of asimilar 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 bepunished as provided in NRS 193.130. Inaddition to any other penalty, the court shall order the person to payrestitution.
3. A person who willfully issues any check or draftfor the payment of wages in excess of $250, when the person knows he hasinsufficient money or credit with the drawee of the instrument to pay theinstrument in full upon presentation is guilty of a gross misdemeanor.
4. For the purposes of this section, credit means anarrangement or understanding with a person, firm, corporation, bank ordepositary 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)
NRS
1. In a criminal action for issuing a check or draftagainst insufficient or no funds with intent to defraud, that intent and theknowledge that the drawer has insufficient money, property or credit with thedrawee is presumed to exist if:
(a) The instrument is drawn on a purported accountwhich does not exist.
(b) Payment of the instrument is refused by the draweewhen it is presented in the usual course of business, unless within 5 daysafter receiving notice of this fact from the drawee or the holder, the drawerpays the holder of the instrument the full amount due plus any handlingcharges.
(c) Notice of refusal of payment, sent to the drawer byregistered or certified mail at an address printed or written on theinstrument, is returned because of nondelivery.
2. If a complainant causes a criminal action to becommenced for issuing a check or draft with intent to defraud and refuses totestify in the action, he is presumed to have acted maliciously and withoutprobable cause.
(Added to NRS by 1979, 1010; A 1993, 145)
NRS
1. A notice in boldface type which is clearly legibleand is in substantially the following form must be posted in a conspicuousplace in every principal and branch office of every bank and in every place ofbusiness in which retail selling is conducted:
The issuance of a check ordraft without sufficient money or with intent to defraud is punishable byimprisonment in the county jail for not more than 6 months, or by a fine of notmore than $1,000, or by both fine and imprisonment, and the issuance of such acheck or draft in an amount of $250 or more or by a person who previously hasbeen convicted three times of this or a similar offense is punishable as acategory D felony as provided in NRS 193.130.
2. Failure of the owner, operator or manager of a bankor other place of business to post the sign required by this section is not adefense to charge of a violation of NRS205.130.
(Added to NRS by 1979, 1010; A 1985, 250, 456; 1989,1433; 1993, 1518; 1995, 1218; 1997, 9;
NRS
[1911 C&P 417; RL 6682; NCL 10369](NRS A1967, 497; 1973, 174; 1979, 1442; 1995, 1218)
NRS
[1911 C&P 418; RL 6683; NCL 10370]
NRS
[1911 C&P 419; RL 6684; NCL 10371]
NRS
1. A person who:
(a) Fraudulently forges or counterfeits the Seal ofthis State, or the seal of any court or public officer by law entitled to haveand use a seal, or the seal of any corporation, and makes use of the seal;
(b) Forges or counterfeits the signature of any publicofficer, or seal of any corporation;
(c) Unlawfully and corruptly, and with evil intent,affixes a true seal to any commission, deed, warrant, pardon, certificate orother writing; or
(d) Has in his possession or custody a counterfeitseal, and willfully conceals it, knowing it to be falsely made andcounterfeited,
is guilty ofa category D felony and shall be punished as provided in
2. A person who manufactures or knowingly sells orpossesses a counterfeit badge or identification of any law enforcement agencyis guilty of a gross misdemeanor.
[1911 C&P 420; RL 6685; NCL 10372](NRS A1967, 497; 1979, 1442; 1989, 1670; 1995, 1219)
NRS
[1911 C&P 421; RL 6686; NCL 10373](NRS A1967, 497; 1979, 1442; 1995, 1219)
NRS
[1911 C&P 422; RL 6687; NCL 10374](NRS A1967, 498; 1979, 1443; 1995, 1220)
NRS
[1911 C&P 424; RL 6689; NCL 10376](NRS A1967, 498)
NRS
[1911 C&P 425; RL 6690; NCL 10377](NRS A1967, 498)
NRS
[1911 C&P 426; RL 6691; NCL 10378](NRS A1967, 498)
NRS
1. A person shall not knowingly sell, display oradvertise, 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 forrecord 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 tothe person, corporation, association or union under the laws of the UnitedStates, if the label, trademark, term, design, device or form of advertisementhas been used or affixed thereto without the written authority of the person,corporation, association or union, or having affixed thereto any forged orcounterfeit representation, likeness, similitude, copy or imitation thereof.
2. Except as otherwise provided in subsection 3, aviolation 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 beenpreviously convicted one time for a violation of the provisions of subsection1; or
(2) The goods, wares, merchandise, mixture, preparationor compound with respect to which the person violated the provisions ofsubsection 1:
(I) Consists of at least 100 but less than1,000 salable units; or
(II) Has a retail value of at least $1,000but less than $10,000.
(b) A category D felony if:
(1) The person committing the violation has beenpreviously convicted two or more times for a violation of the provisions ofsubsection 1; or
(2) The goods, wares, merchandise, mixture,preparation or compound with respect to which the person violated theprovisions of subsection 1:
(I) Consists of at least 1,000 salableunits; or
(II) Has a retail value of at least$10,000.
4. For the purposes of this section, in accordancewith the provisions of NRS 47.230, itmay be reasonably inferred that a person intends to sell goods, wares, merchandise,a mixture, a preparation or a compound if the person knowingly possesses atleast 26 salable units of the goods, wares, merchandise, mixture, preparationor 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 ofsubsection 1 is a component of a finished product with multiple components, theprice at which the person in violation of subsection 1 regularly sells thefinished product; or
(b) For any other item that is identified by a label,trademark, term, design, device or form of advertisement in violation ofsubsection 1, the price at which the person in violation of subsection 1regularly sells the item.
[1911 C&P 427; RL 6692; NCL 10379](NRS A
NRS
[1911 C&P 428; RL 6693; NCL 10380]
NRS
1. Except as otherwise provided in subsection 5, it isunlawful for a person to, without the consent of the owner or lessee of amotion picture theater, knowingly operate an audiovisual recording function ofany device in the motion picture theater with the intent to record a motionpicture that is being exhibited in that theater.
2. Unless a greater penalty is imposed by a specificstatute, 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 categoryD felony and shall be punished as provided in NRS193.130.
3. An owner or lessee of a motion picture theater andan authorized agent or employee of an owner or lessee of a motion picturetheater who has reason to believe that a person has operated an audiovisualrecording function of any device in the motion picture theater in violation ofsubsection 1 may take the person into custody and detain him, on the premisesof the motion picture theater, in a reasonable manner and for a reasonablelength of time, for the purpose of informing a peace officer of thecircumstances of such detention. The owner, lessee, agent or employee is presumedto have reason to believe that a person has operated an audiovisual recordingfunction of any device in violation of subsection 1 if the owner, lessee, agentor employee observed the person aiming the device at a screen or other surfacewhile a motion picture was being exhibited on the screen or other surface. Suchtaking into custody and detention by an owner, lessee, agent or employee doesnot render the owner, lessee, agent or employee criminally or civilly liablefor false arrest, false imprisonment, slander or unlawful detention unless thetaking into custody and detention are unreasonable under all the circumstances.
4. An owner, lessee, agent or employee is not entitledto the immunity from liability provided for in this section unless there isdisplayed in a conspicuous place on the premises of the motion picture theatera notice in boldface type clearly legible and in substantially the followingform:
It is a crime to record amovie in this theater. If the owner or lessee of the theater or his employee oragent 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 ofnotifying a peace officer. Violators of this crime are subject to arrest andprosecution. NRS 205.216.
5. This section does not prevent a federal, state orlocal governmental agency or officer thereof who is engaged in any lawfulactivity related to an investigation, protecting the public, enforcing the lawsor gathering information from operating any audiovisual recording function ofany device in a motion picture theater as part of that lawful activity.
6. As used in this section:
(a) Audiovisual recording function means a functionwhich is capable of recording or transmitting a motion picture or any partthereof 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 amotion picture.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 3, it isunlawful for any person, firm, partnership, corporation or associationknowingly to:
(a) Transfer or cause to be transferred any soundsrecorded on a phonograph record, disc, wire, tape, film or other article onwhich 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 orcirculation, or cause to be sold, distributed, circulated, offered for sale,distribution or circulation, or possessed for sale, distribution orcirculation, any article or device on which sounds have been transferredwithout the consent of the person who owns the master phonograph record, masterdisc, 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, distributionor circulation, any phonograph record, disc, wire, tape, film or other articleon which sounds have been transferred unless the phonograph record, disc, wire,tape, film or other article bears the actual name and address of the transferorof the sounds in a prominent place on its outside face or package.
3. This section does not apply to any person whotransfers or causes to be transferred any sounds intended for or in connectionwith radio or television broadcast transmission or related uses, for archivalpurposes or solely for the personal use of the person transferring or causingthe transfer and without any compensation being derived by the person from thetransfer.
4. A person who violates the provisions of thissection shall be punished:
(a) For the first offense, for a category D felony asprovided in NRS 193.130.
(b) For a subsequent offense, for a category C felonyas provided in NRS 193.130.
(Added to NRS by 1973, 1121; A 1979, 1443; 1995,1220)
LARCENY
NRS
(Added to NRS by 1997, 339)
NRS
(Added to NRS by 1997, 339)
NRS
(Added to NRS by 1997, 339)
NRS
1. All cattle or animals of the bovine species;
2. All horses, mules, burros and asses or animals ofthe equine species;
3. All swine or animals of the porcine species;
4. All goats or animals of the caprine species; and
5. All sheep or animals of the ovine species.
(Added to NRS by 1997, 339)
NRS
1. Personal goods, personal property and motorvehicles;
2. Money, negotiable instruments and other itemslisted in NRS 205.260;
3. Livestock, domesticated animals and domesticatedbirds; and
4. Any other item of value, whether or not the item islisted in NRS 205.2175 to
(Added to NRS by 1997, 339)
NRS
1. Intentionally steals, takes and carries away, leadsaway or drives away:
(a) Personal goods or property, with a value of $250 ormore, owned by another person;
(b) Bedding, furniture or other property, with a valueof $250 or more, which the person, as a lodger, is to use in or with hislodging and which is owned by another person; or
(c) Real property, with a value of $250 or more, thatthe person has converted into personal property by severing it from realproperty owned by another person.
2. Uses a card or other device for automaticallywithdrawing or transferring money in a financial institution to obtainintentionally money to which he knows he is not entitled.
3. Intentionally steals, takes and carries away, leadsaway, drives away or entices away:
(a) One or more head of livestock owned by anotherperson; or
(b) One or more domesticated animals or domesticatedbirds, with an aggregate value of $250 or more, owned by another person.
4. With the intent to defraud, steal, appropriate orprevent 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 orbrand upon one or more head of livestock owned by another person;
(b) Sells or purchases the hide or carcass of one ormore head of livestock owned by another person that has had a mark or brand cutout or obliterated;
(c) Kills one or more head of livestock owned byanother person but running at large, whether or not the livestock is marked orbranded; or
(d) Kills one or more domesticated animals ordomesticated birds, with an aggregate value of $250 or more, owned by anotherperson but running at large, whether or not the animals or birds are marked orbranded.
[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)
NRS
1. Unless a greater penalty is imposed by a specificstatute, a person who commits grand larceny in violation of
2. If the value of the property involved in the grandlarceny is less than $2,500, the person who committed the grand larceny isguilty of a category C felony and shall be punished as provided in
3. If the value of the property involved in the grandlarceny is $2,500 or more, the person who committed the grand larceny is guiltyof a category B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 10 years, and by a fine of not more than $10,000.
4. In addition to any other penalty, the court shallorder the person who committed the grand larceny to pay restitution.
5. If the grand larceny involved a sale in violationof subsection 3 or 4 of NRS 205.220, allproceeds from the sale are subject to forfeiture.
(Added to NRS by 1997, 339)
NRS
1. A person who intentionally steals, takes andcarries away a firearm owned by another person commits grand larceny of afirearm.
2. A person who commits grand larceny of a firearm isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and by a fine of not more than $10,000.
3. In addition to any other penalty, the court shallorder the person who committed the grand larceny of the firearm to payrestitution.
(Added to NRS by 1997, 340)
NRS
1. A person who intentionally steals, takes andcarries away, drives away or otherwise removes a motor vehicle owned by anotherperson commits grand larceny of a motor vehicle.
2. Except as otherwise provided in subsection 3, aperson who commits grand larceny of a motor vehicle is guilty of a category Cfelony and shall be punished as provided in NRS193.130.
3. If the prosecuting attorney proves that the valueof the motor vehicle involved in the grand larceny is $2,500 or more, theperson who committed the grand larceny of the motor vehicle is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 1 year and a maximum term of not more than 10years, and by a fine of not more than $10,000.
4. In addition to any other penalty, the court shallorder the person who committed the grand larceny of the motor vehicle to payrestitution.
(Added to NRS by 1997, 340)
NRS
1. All state, county, city and township peace and lawenforcement officers are empowered and directed to pursue, apprehend and arrestwhenever or wherever, irrespective of county boundaries within the State, aperson who commits grand larceny in violation of subsection 3 or 4 of
2. Upon apprehension and arrest of a person pursuantto subsection 1, the arresting officer shall take the person before the nearestor most accessible magistrate without unnecessary delay.
[1911 C&P 375a; added 1951, 299] + [1911C&P 375b; added 1951, 299](NRS A 1967, 176; 1983, 855; 1997, 342)
NRS
1. Except as otherwise provided in
(a) Intentionally steals, takes and carries away, leadsaway or drives away:
(1) Personal goods or property, with a value ofless than $250, owned by another person;
(2) Bedding, furniture or other property, with avalue of less than $250, which the person, as a lodger, is to use in or withhis 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 fromreal property owned by another person.
(b) Intentionally steals, takes and carries away, leadsaway, drives away or entices away one or more domesticated animals ordomesticated birds, with an aggregate value of less than $250, owned by anotherperson.
2. A person who commits petit larceny is guilty of amisdemeanor. In addition to any other penalty, the court shall order the personto 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;
NRS
1. The value of property involved in a larceny offenseshall be deemed to be the highest value attributable to the property by anyreasonable standard.
2. The value of property involved in larceny offensescommitted by one or more persons pursuant to a scheme or continuing course ofconduct may be aggregated in determining the grade of the larceny offenses.
(Added to NRS by 1997, 340)
NRS
[1911 C&P 380; RL 6645; NCL 10332](NRS A1973, 175)
NRS
[1911 C&P 387; RL 6652; NCL 10339]
NRS
1. A person who, under circumstances not amounting torobbery, with the intent to steal or appropriate to his own use, takes propertyfrom 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
(b) If the value of the property taken is $2,500 ormore, a category B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 10 years, and by a fine of not more than $10,000.
2. In addition to any other penalty, the court shallorder the person to pay restitution.
3. The court shall not grant probation to or suspendthe sentence of any person convicted of violating subsection 1 if the personfrom whom the property was taken has any infirmity caused by age or otherphysical condition.
[1911 C&P 557; RL 6822; NCL 10502](NRS A1967, 500; 1979, 1445; 1985, 1868; 1995, 1222; 1997, 343)
NRS
1. It is unlawful for any person, in using any lawfulvending machine, coin box, telephone or other receptacle designed to receive orbe operated by lawful coin of the United States of America in furtherance of orin connection with the sale, use or enjoyment of property or service:
(a) To use other than lawful coin, legal tender of theUnited States of America, or coin not of the same denomination as the coinintended to be used in such device; or
(b) To use or have on his person any cheating orthieving device to facilitate removing from any lawful vending machine, coinbox, telephone or other receptacle any part of the contents thereof.
2. Every person who violates any of the provisions ofthis section is guilty of a gross misdemeanor.
(Added to NRS by 1973, 446)
NRS
1. A person who intentionally steals, takes andcarries away property of the value of $250 or more from vending machines withina 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
(b) If the value of the property taken is $2,500 ormore, a category B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 10 years, and by a fine of not more than $10,000.
2. In addition to any other penalty, the court shallorder the person to pay restitution.
3. In determining the value of the property taken, thecost of repairing damaged vending machines and replacing any machine, ifnecessary, must be added to the value of the property.
(Added to NRS by 1985, 710; A 1989, 1434; 1995, 1222;1997, 343)
MOTOR VEHICLES
NRS
(Added to NRS by 1963, 886; A 1969, 531; 1975, 143)
NRS
1. Every person who takes and carries away or drivesaway the vehicle of another without the intent to permanently deprive the ownerthereof but without the consent of the owner of such vehicle is guilty of agross misdemeanor.
2. Every person who is in possession of a vehiclewithout the consent of the owner of such vehicle may reasonably be inferred tohave taken and carried away or driven away the vehicle.
3. Vehicle as used in this section means everydevice in, upon or by which any person or property is or may be transported ordrawn upon a public highway, waterway or airway, excepting devices moved byhuman power or used exclusively upon stationary rails or tracks.
(Added to NRS by 1973, 1686; A 1983, 718)
NRS
1. A person commits an offense involving a stolenvehicle if the person:
(a) With the intent to procure or pass title to a motorvehicle which he knows or has reason to believe has been stolen, receives ortransfers possession of the vehicle from or to another person; or
(b) Has in his possession a motor vehicle which heknows or has reason to believe has been stolen.
2. The provisions of subsection 1 do not apply to anofficer of the law if the officer is engaged in the performance of his duty asan officer at the time of the receipt, transfer or possession of the stolenvehicle.
3. Except as otherwise provided in subsection 4, aperson who violates the provisions of subsection 1 is guilty of a category Cfelony and shall be punished as provided in NRS193.130.
4. If the prosecuting attorney proves that the valueof the vehicle involved is $2,500 or more, the person who violated theprovisions of subsection 1 is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 10 years, and by a fine of notmore than $10,000.
5. In addition to any other penalty, the court shallorder the person to pay restitution.
6. For the purposes of this section, the value of avehicle shall be deemed to be the highest value attributable to the vehicle byany reasonable standard.
(Added to NRS by 1961, 269; A 1967, 501; 1979, 1445;1995, 1222; 1997, 344)
NRS
1. Any person who shall individually or in associationwith one or more other persons willfully break, injure, tamper with or removeany part or parts of any vehicle for the purpose of injuring, defacing ordestroying such vehicle, or temporarily or permanently preventing its usefuloperation, or for any purpose against the will or without the consent of theowner of such vehicle, or who shall in any manner willfully or maliciouslyinterfere with or prevent the running or operation of such vehicle, shall beguilty of a public offense proportionate to the value of the loss resultingtherefrom.
2. Any person who shall without the consent of theowner or person in charge of a vehicle climb into or upon such vehicle with theintent to commit any crime, malicious mischief, or injury thereto, or who whilea vehicle is at rest and unattended shall attempt to manipulate any of thelevers, starting crank or other starting device, brakes or other mechanismthereof, 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 anemergency in furtherance of public safety or convenience or by or under thedirection of an officer in the regulation of traffic or performance of anyother official duty.
(Added to NRS by 1961, 269; A 1967, 501)
NRS
1. It is unlawful for any person:
(a) To throw any stone, rock, missile or any substanceat 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 ofsubsection 1 is guilty of a public offense, as prescribed in
(Added to NRS by 1971, 722; A 1979, 157; 1991, 2232)
NRS
1. A person who owns or operates a building or otherpremises shall not knowingly allow a motor vehicle or part of a motor vehiclethat is illegally obtained by theft, fraud or conspiracy to defraud to bealtered, destroyed, disassembled, reassembled or stored at the building orpremises for the purpose of:
(a) Defacing, destroying or altering the identity ofthe motor vehicle or the part of a motor vehicle, including, withoutlimitation, the identification number, to misrepresent the identity of orprevent the identification of the motor vehicle or the part; or
(b) Selling or disposing of the motor vehicle or thepart of a motor vehicle.
2. A person who violates the provisions of subsection1 is guilty of a category C felony and shall be punished as provided in
3. As used in this section, motor vehicle has themeaning ascribed to it in NRS 482.075.
(Added to NRS by
NRS
1. A person, other than a party to the lease contract,retail installment contract or security agreement, for compensation or someother consideration, shall not transfer or assign, or purport to transfer orassign, any right or interest in a motor vehicle that is subject to a leasecontract, retail installment contract or security agreement the terms of whichprohibit the transfer or assignment of any right or interest in the motorvehicle to any person who is not a party to the contract or agreement.
2. A person shall not assist, cause or arrange for aperson to violate the provisions of subsection 1.
3. This section does not affect the enforceability ofany provision of any lease contract, retail installment contract, securityagreement or direct loan agreement by any party to the contract or agreement.
4. In addition to any other penalty, a person whoviolates 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 motorvehicle pursuant to a retail installment contract.
(b) Direct loan agreement means an agreement betweena lender and a purchaser by which the lender has advanced money pursuant to aloan secured by a motor vehicle which the purchaser has purchased.
(c) Lease contract means a contract for or incontemplation of a lease or bailment for the use of a motor vehicle, and thepurchase of services incidental to the lease or bailment, by a natural personfor a term exceeding 4 months, primarily for personal, family, household,business or commercial purposes.
(d) Lessor means a person who is engaged in thebusiness of leasing, offering to lease or arranging the lease of a motorvehicle under a lease contract. The term includes a bailor.
(e) Motor vehicle means a motor vehicle which isrequired to be registered pursuant to chapter 482of NRS.
(f) Purchaser has the meaning ascribed to it in
(g) Retail installment contract means a retailinstallment contract as defined in NRS97.105 pursuant to which the title to or lien upon a motor vehicle, whichis the subject matter of the retail installment transaction, is retained ortaken by a seller from a buyer as security for the buyers obligation.
(h) Retail installment transaction means atransaction in which a buyer purchases a motor vehicle from a seller pursuantto a retail installment contract which provides for a finance charge and underwhich the buyer agrees to pay the total of payments in one or moreinstallments. As used in this paragraph:
(1) Amount financed means the cash sale priceof the motor vehicle which is the subject matter of a retail installmentcontract less the amount of the buyers down payment in money or goods, orboth, plus the amounts, if any, included therein, if a separate identifiedcharge is made therefor and stated in the contract, for insurance and officialfees.
(2) Finance charge means the cost of creditindicated in a dollar amount. The term includes any charge payable directly orindirectly by the buyer and imposed directly or indirectly by the seller as anincident to or a condition of the extension of credit. The term does notinclude any charge of a type payable in a comparable cash transaction.
(3) Total of payments means the amountfinanced plus the finance charge.
(i) Secured party has the meaning ascribed to it in
(j) Security agreement has the meaning ascribed to itin NRS 104.9102.
(k) Seller means a person engaged in the business ofselling or leasing motor vehicles pursuant to retail installment contracts.
(Added to NRS by
BUYING OR RECEIVING STOLEN GOODS
NRS
1. A person commits an offense involving stolenproperty if the person, for his own gain or to prevent the owner from againpossessing his property, buys, receives, possesses or withholds property:
(a) Knowing that it is stolen property; or
(b) Under such circumstances as should have caused areasonable person to know that it is stolen property.
2. A person who commits an offense involving stolenproperty in violation of subsection 1:
(a) If the value of the property is less than $250, isguilty of a misdemeanor;
(b) If the value of the property is $250 or more butless than $2,500, is guilty of a category C felony and shall be punished asprovided in NRS 193.130; or
(c) If the value of the property is $2,500 or more orif the property is a firearm, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 10 years, and by a fine of notmore than $10,000.
3. In addition to any other penalty, the court shallorder the person to pay restitution.
4. A person may be prosecuted and convicted pursuantto this section whether or not the principal is or has been prosecuted orconvicted.
5. Possession by any person of three or more items ofthe same or a similar class or type of personal property on which a permanentlyaffixed manufacturers serial number or manufacturers identification numberhas been removed, altered or defaced, is prima facie evidence that the personhas violated this section.
6. For the purposes of this section, the value of theproperty involved shall be deemed to be the highest value attributable to theproperty by any reasonable standard.
7. As used in this section, stolen property meansproperty 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 orconvicted 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;
NRS
[1911 C&P 385; A 1935, 370; 1931 NCL 10337](NRS A 1971, 926)
NRS
[1911 C&P 386; RL 6651; NCL 10338]
EMBEZZLEMENT
NRS
1. Any bailee of any money, goods or property, whoconverts it to his own use, with the intent to steal it or to defraud the owneror owners thereof and any agent, manager or clerk of any person, corporation,association or partnership, or any person with whom any money, property oreffects 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 purposethan that for which they were deposited or entrusted, is guilty ofembezzlement, and shall be punished in the manner prescribed by law for thestealing 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 oreffects misappropriated in separate acts of embezzlement must be combined forthe purpose of imposing punishment for the offense charged if:
(a) The separate acts were committed against the sameperson within 6 months before the offense;
(b) None of the individual acts is punishable as afelony; and
(c) The cumulative value of all the money, goods,property and effects misappropriated is sufficient to make the offensepunishable as a felony.
3. Any use of the money, goods or property by anybailee thereof, other than that for which it was borrowed, hired, deposited,carried, received or collected, is prima facie evidence of conversion and ofintent to steal the same and defraud the owner or owners thereof.
4. The term bailee, as used in this section, meansall persons with whom any money, goods or property has been deposited, allpersons to whom any goods or property has been loaned or hired, all persons towhom any goods or property has been delivered, and all persons who are, eitheras 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 A1985, 978)
NRS
[1911 C&P 389; RL 6654; NCL 10341]
NRS
[1911 C&P 390; RL 6655; NCL 10342]
NRS
(Added to NRS by 1963, 393; A 1983, 718)
EXTORTION
NRS
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 ordisgrace; or
5. To expose any secret,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 1 year and a maximum term of not more than10 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 payrestitution.
[1911 C&P 474; RL 6739; NCL 10423](NRS A1967, 502; 1979, 1445; 1995, 1223)
NRS
1. Harm physically the debtor or any other person; or
2. Damage any property belonging to or in the custodyof the debtor,
is guilty ofextortionate collection of debt which is a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 6 years, and may be furtherpunished by a fine of not more than $10,000. In addition to any other penalty,the court shall order the person to pay restitution.
(Added to NRS by 1983, 1494; A 1995, 1223)
FRAUD AND FALSE PERSONATION
NRS
[1911 C&P 430; RL 6695; NCL 10382](NRS A1967, 502)
NRS
1. The debtor in possession of goods subject to asecurity interest shall not sell or dispose of any such property, or remove thesame from the county wherein the goods are located at the time the securityagreement thereupon is executed, during the time the security agreement is inforce, without the written consent of the secured party first had and obtained.
2. Any person violating any of the provisions ofsubsection 1, with intent to hinder, delay or defraud the secured party, shallbe deemed guilty of a gross misdemeanor.
[1911 C&P 432; A 1935, 260; 1931 NCL 10384] +[1911 C&P 433; A 1935, 260; 1931 NCL 10385](NRS A 1965, 928)
NRS
[1911 C&P 434; RL 6699; NCL 10386](NRS A1965, 928)
NRS
1. Every person being in possession thereof, who shallremove, conceal or destroy or connive at or consent to the removal, concealmentor destruction of any personal property or any part thereof, upon which asecurity interest or lease exists, in such a manner as to hinder, delay ordefraud the secured party or lessor, or who, with intent to hinder, delay ordefraud the secured party or lessor, shall sell, remove, conceal or destroy orconnive at or consent to the removal, concealment or destruction of suchproperty, shall be guilty of a gross misdemeanor.
2. In any prosecution under this section anyallegation containing a description of the security agreement or lease byreference to the date thereof and names of the parties thereto, shall besufficiently definite and certain.
[1911 C&P 435; RL 6700; NCL 10387](NRS A1965, 928)
NRS
[1911 C&P 436; RL 6701; NCL 10388](NRS A1967, 503)
NRS
[1911 C&P 437; RL 6702; NCL 10389]
NRS
[1911 C&P 438; RL 6703; NCL 10390]
NRS
1. Where the value of the property involved is $250 ormore, for a category C felony as provided in NRS193.130. In addition to any other penalty, the court shall order the personto 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 A1967, 503; 1979, 1446; 1989, 1435; 1995, 1224)
NRS
1. Where the amount of money or the value of thechattels, goods, wares or merchandise, or other valuable thing so obtained is$250 or more, for a category C felony as provided in
2. Otherwise, for a misdemeanor.
[1911 C&P 431; RL 6696; NCL 103.83](NRS A1967, 503; 1979, 1446; 1989, 1435; 1995, 1224)
NRS
1. Who shall knowingly make or cause to be made,either directly or indirectly, or through any agency whatsoever, any falsestatement in writing, with intent that it shall be relied upon, respecting thefinancial condition or means or ability to pay, of himself, or of any otherperson, firm or corporation, in which he is interested, or for whom or which heis acting, for the purpose of procuring in any form whatsoever, either thedelivery of personal property, the payment of cash, the making of a loan orcredit, the extension of a credit, the discount of an account receivable, orthe making, acceptance, discount, sale or endorsement of a bill of exchange, orpromissory note, for the benefit of either himself or of such person, firm orcorporation;
2. Who, knowing that a false statement in writing hasbeen made, respecting the financial condition or means or ability to pay, ofhimself, or of such person, firm or corporation, in which he is interested, orfor whom he is acting, procures, upon the faith thereof, for the benefit eitherof himself, or of such person, firm or corporation, either or any of the thingsof benefit mentioned in subsection 1; or
3. Who, knowing that a statement in writing has beenmade respecting the financial condition or means or ability to pay, of himselfor of such person, firm or corporation, in which he is interested, or for whomhe is acting, represents on a later day, either orally or in writing, that suchstatement 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 thefaith thereof, for the benefit either of himself or such person, firm orcorporation, either or any of the things of benefit mentioned in subsection 1,
shall beguilty of a misdemeanor.
[1:193:1923; NCL 10599](NRS A 1967, 503)
NRS
1. A person who knowingly and designedly by any falsepretense obtains from any other person any chose in action, money, goods,wares, chattels, effects or other valuable thing, including rent or the laborof another person not his employee, with the intent to cheat or defraud theother person, is a cheat, and, unless otherwise prescribed by law, shall bepunished:
(a) If the value of the thing or labor fraudulentlyobtained was $250 or more, for a category B felony by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 6 years, or by a fine of not more than $10,000, or by both fine andimprisonment. In addition to any other penalty, the court shall order theperson to pay restitution.
(b) If the value of the thing or labor fraudulentlyobtained was less than $250, for a misdemeanor, and must be sentenced to restorethe property fraudulently obtained, if it can be done, or tender payment forrent or labor.
2. For the purposes of this section, it is prima facieevidence of an intent to defraud if the drawer of a check or other instrumentgiven in payment for:
(a) Property which can be returned in the samecondition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever awritten estimate was furnished before the labor was performed and the actualcost of the labor does not exceed the estimate,
stopspayment on that instrument and fails to return or offer to return the propertyin that condition, or to specify in what way the labor was deficient within 5days after receiving notice from the payee that the instrument has not beenpaid by the drawee.
3. The notice must be sent to the drawer by certifiedmail, return receipt requested, at the address shown on the instrument. Thenotice must include a statement of the penalties set forth in this section.Return of the notice because of nondelivery to the drawer raises a rebuttablepresumption of the intent to defraud.
4. A notice in boldface type clearly legible and insubstantially the following form must be posted in a conspicuous place in everyprincipal and branch office of every bank and in every place of business inwhich retail selling is conducted or labor is performed for the public and mustbe furnished in written form by a landlord to a tenant:
The stopping of payment on acheck or other instrument given in payment for property which can be returnedin the same condition in which it was originally received, rent or labor whichwas completed in a workmanlike manner, and the failure to return or offer toreturn the property in that condition or to specify in what way the labor wasdeficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of theproperty, rent or labor fraudulently obtained was $250 or more, as a category Bfelony by imprisonment in the state prison for a minimum term of not less than1 year and a maximum term of not more than 6 years, or by a fine of not morethan $10,000, or by both fine and imprisonment.
2. If the value of theproperty, rent or labor so fraudulently obtained was less than $250, as amisdemeanor by imprisonment in the county jail for not more than 6 months, orby 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;
NRS
[1911 C&P 440; RL 6705; NCL 10393](NRS A1967, 505; 1995, 1225)
NRS
[1911 C&P 441; RL 6706; NCL 10394]
NRS
[1911 C&P 442; RL 6707; NCL 10395](NRS A1967, 505)
NRS
[1911 C&P 446; RL 6711; NCL 10399]
NRS
[1911 C&P 452; RL 6717; NCL 10405](NRS A1967, 505)
NRS
1. Where the amount received from such sales,subscriptions or promises totals $250 or more, for a category C felony asprovided in NRS 193.130. In addition toany 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 A1967, 505; 1979, 1447; 1989, 1437; 1995, 1226)
NRS
[1911 C&P 454; RL 6719; NCL 10407](NRS A
NRS
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 orissued, any certificate or instrument purporting to be a certificate orevidence of ownership of any share of that company or corporation, or anyconveyance or encumbrance of real or personal property, contract, bond or evidenceof debt, or writing purporting to be a conveyance or encumbrance of real orpersonal property, contract, bond or evidence of debt of that company orcorporation, without being first duly authorized by the company or corporation,or contrary to the charter or laws under which the company or corporationexists, or in excess of the power of the company or corporation, or of thelimit imposed by law or otherwise upon its power to create or issue stock orevidence of debt; or
2. Reissues, sells, pledges or disposes of, or causesto be reissued, sold, pledged or disposed of, any surrendered or cancelledcertificate or other evidence of the transfer of ownership of any such share,
is guilty ofa category C felony and shall be punished as provided in
[1911 C&P 457; RL 6722; NCL 10410](NRS A1979, 1447; 1995, 1226)
NRS
[1911 C&P 458; RL 6723; NCL 10411]
NRS
1. It is unlawful for a person:
(a) To obtain food, foodstuffs, lodging, merchandise orother 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 todefraud the proprietor or manager thereof;
(b) To obtain credit at a hotel, inn, trailer park,motor court, boardinghouse, rooming house, lodginghouse, furnished apartmenthouse, 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, merchandiseor 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 payingfor his food or accommodations.
2. A person who violates any of the provisions ofsubsection 1 shall be punished:
(a) Where the total value of the credit, food,foodstuffs, lodging, merchandise or other accommodations received from any oneestablishment is $250 or more, for a category D felony as provided in
(b) Otherwise, for a misdemeanor.
3. Proof that lodging, food, foodstuffs, merchandiseor other accommodations were obtained by false pretense, or by false orfictitious show or pretense of any baggage or other property, or that theperson 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 onwhich payment was refused, or that he absconded without paying or offering topay for the food, foodstuffs, lodging, merchandise or other accommodations, orthat he surreptitiously removed or attempted to remove his baggage, is primafacie evidence of the fraudulent intent mentioned in this section.
4. This section does not apply where there has been anagreement 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)
NRS
[1911 C&P 470; RL 6735; NCL 10419](NRS A1967, 506; 1999, 1344)
NRS
[1911 C&P 471; RL 6736; NCL 10420](NRS A1979, 1448; 1999,1345)
NRS
1. Every person who counterfeits, forges, alters,erases or obliterates, or who attempts to counterfeit, forge, alter, erase orobliterate any card, writing, paper or document, or any photocopy print,photostat, or other replica of any card, writing, paper or document which isdesigned for the purpose of personal identification and which bears the age ofthe holder or purported holder thereof, or which, although not designed for thepurpose of personal identification, is commonly used, or capable of being usedfor the purpose of personal identification and bears the age of the holder or purportedholder thereof, with the intention that such card, writing, paper or document,or photocopy print, photostat or other replica thereof, be used by a personunder the age of 21 years to establish falsely or misrepresent his actual agefor the purpose of purchasing alcoholic liquor or being served alcoholic liquorin a place where it is served for consumption on the premises, or enteringgambling establishments, or engaging in gambling in gambling establishments,shall be guilty of a misdemeanor. For the purposes of this subsection, thecards, writings, papers or documents and the photocopy prints or other replicasthereof which, although not designed for the purpose of personalidentification, are commonly used, or capable of being used, for the purpose ofpersonal identification, include, but are not limited to, an operatorslicense, chauffeurs license, fishing or hunting license, selective servicecard, organizational membership card, certificate of discharge from the ArmedForces, or certificate or other record of birth.
2. Every person who sells, lends, gives away oroffers, or attempts to sell, lend, give away or offer, any counterfeited,forged, altered, erased or obliterated card, writing, paper or document, orphotocopy print, photostat or other replica thereof, of the kind mentioned insubsection 1, to a person under the age of 21 years, shall be guilty of a grossmisdemeanor.
3. Every person under the age of 21 years who uses orattempts to use or proffers any counterfeited, forged, erased or obliteratedcard, writing, paper, document, or any photocopy print, photostat or otherreplica thereof, of the kind mentioned in subsection 1, for the purpose andwith the intention of purchasing alcoholic liquor or being served alcoholicliquor in a place where it is served for consumption on the premises, orentering gambling establishments, or engaging in gambling in gamblingestablishments, or who actually purchases alcoholic liquor or is actuallyserved alcoholic liquor in a place where it is served for consumption on thepremises, or actually enters a gambling establishment or actually gamblestherein, when the purchase, service, entering or gambling is induced orpermitted by the presentation of any such card, writing, paper or document, orany photocopy print, photostat or other replica thereof, shall be guilty of amisdemeanor.
4. In any criminal prosecution or proceeding for thesuspension or revocation of any license based upon the violation of any lawmaking it unlawful to sell, serve or furnish a person under the age of 21 yearsalcoholic liquor or upon violation of any law making it unlawful to allow aperson under the age of 21 years to enter a gambling establishment or engage ingambling in a gambling establishment, proof that the defendant licensee, or hisagent or employee, demanded and was shown, immediately before furnishing anyalcoholic liquor to a person under the age of 21 years or allowing a personunder the age of 21 years to enter a gambling establishment or engage ingambling in a gambling establishment, bona fide documentary evidence of themajority and identity of the person issued by a federal, state, county ormunicipal government, or subdivision or agency thereof, including, but notlimited to, an operators license for a motor vehicle, a registrationcertificate issued under the Federal Selective Service Act, or anidentification card issued to a member of the Armed Forces, is a defense to theprosecution or proceeding for the suspension or revocation of any license.
[1:367:1955] + [2:367:1955] + [3:367:1955](NRS A1959, 149; 1991, 391)
UNLAWFUL ACTS REGARDING PERSONAL IDENTIFYING INFORMATION
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2,personal identifying information means any information designed, commonlyused or capable of being used, alone or in conjunction with any otherinformation, to identify a living or deceased person, including, withoutlimitation:
(a) The current or former name, drivers licensenumber, identification card number, social security number, checking accountnumber, savings account number, credit card number, debit card number,financial services account number, date of birth, place of employment andmaiden 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 electronicidentification number, address or routing code, telecommunication identifyinginformation or access device of a person.
(d) The personal identification number or password of aperson.
(e) The alien registration number, government passportnumber, employer identification number, taxpayer identification number,Medicaid account number, food stamp account number, medical identificationnumber or health insurance identification number of a person.
(f) The number of any professional, occupational,recreational or governmental license, certificate, permit or membership of aperson.
(g) The number, code or other identifying informationof a person who receives medical treatment as part of a confidential clinicaltrial or study, who participates in a confidential clinical trial or studyinvolving the use of prescription drugs or who participates in any otherconfidential medical, psychological or behavioral experiment, study or trial.
(h) The utility account number of a person.
2. To the extent that any information listed insubsection 1 is designed, commonly used or capable of being used, alone or inconjunction with any other information, to identify an artificial person,personal identifying information includes information pertaining to anartificial person.
(Added to NRS by
NRS
1. The State of Nevada, or any agency, instrumentalityor corporation thereof;
2. The Nevada System of Higher Education;
3. Any municipality, county, school district or othertype of district, or a city or town, incorporated or unincorporated; or
4. Any other body corporate and politic comprising apolitical subdivision of this State or acting on behalf thereof.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Is elected or appointed to a position which isestablished by the Constitution or a statute of this state, or by a charter orordinance of a political subdivision of this state; or
2. Otherwise serves as an officer for a public body.
(Added to NRS by
NRS
1. Suffers from a condition of physical or mentalincapacitation because of a developmental disability, organic brain damage ormental illness; or
2. Has one or more physical or mental limitations thatrestrict the ability of the person to perform the normal activities of dailyliving.
(Added to NRS by
NRS
1. Except as otherwise provided in subsections 2 and3, a person who knowingly:
(a) Obtains any personal identifying information ofanother person; and
(b) Uses the personal identifying information to harmthat 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 thatperson,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 1 year and a maximum term of not more than20 years, and may be further punished by a fine of not more than $100,000.
2. Except as otherwise provided in subsection 3, aperson who knowingly:
(a) Obtains any personal identifying information ofanother person; and
(b) Uses the personal identifying information to avoidor delay being prosecuted for an unlawful act,
is guilty ofa category C felony and shall be punished as provided in
3. A person who violates:
(a) Subsection 1 or 2 by obtaining and using thepersonal identifying information of an older person or a vulnerable person; or
(b) Subsection 2 to avoid or delay being prosecuted foran unlawful act that is punishable as a category A felony or category B felony,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 3 years and a maximum term of not more than20 years, and may be further punished by a fine of not more than $100,000.
4. In addition to any other penalty, the court shallorder a person convicted of violating subsection 1 to pay restitution,including, without limitation, any attorneys fees and costs incurred to:
(a) Repair the credit history or rating of the personwhose personal identifying information he obtained and used in violation ofsubsection 1; and
(b) Satisfy a debt, lien or other obligation incurredby the person whose personal identifying information he obtained and used inviolation of subsection 1.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, apublic officer or public employee who knowingly:
(a) Obtains any personal identifying information ofanother person from any document, file, database, source or process used by apublic body to collect, store, maintain, transfer, reproduce, manage oradminister personal identifying information; and
(b) Uses the personal identifying information to harmthat 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 thatperson,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 5 years and a maximum term of not more than20 years, and may be further punished by a fine of not more than $100,000.
2. A public officer or public employee who violatessubsection 1 by obtaining and using the personal identifying information of anolder person or a vulnerable person is guilty of a category B felony and shallbe punished by imprisonment in the state prison for a minimum term of not lessthan 7 years and a maximum term of not more than 20 years, and may be furtherpunished by a fine of not more than $100,000.
3. Except as otherwise provided in subsection 4, apublic officer or public employee who knowingly:
(a) Obtains any personal identifying information ofanother person from any document, file, database, source or process used by apublic body to collect, store, maintain, transfer, reproduce, manage oradminister personal identifying information; and
(b) Possesses, sells or transfers the personalidentifying information for the purpose of establishing a false status,occupation, membership, license or identity for himself or any other person,
is guilty ofa category C felony and shall be punished as provided in
4. A public officer or public employee who violatessubsection 3 by obtaining and possessing, selling or transferring the personalidentifying information of an older person or a vulnerable person is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 1 year and a maximum term of not more than20 years, and may be further punished by a fine of not more than $100,000.
5. Except as otherwise provided in subsection 6, apublic officer or public employee who knowingly aids another public officer orpublic employee to commit a violation of any provision of this section isguilty of a category C felony and shall be punished as provided in
6. A public officer or public employee who violatessubsection 5 by knowingly aiding another public officer or public employee incommitting a violation of this section by obtaining the personal identifyinginformation of an older person or a vulnerable person is guilty of a category Bfelony and shall be punished by imprisonment in the state prison for a minimumterm of not less than 1 year and a maximum term of not more than 20 years, andmay be further punished by a fine of not more than $100,000.
7. The provisions of this section do not prohibit thepossession or use of any personal identifying information by officers of localpolice, sheriff and metropolitan police departments and by agents of theInvestigation Division of the Department of Public Safety while engaged inundercover investigations related to the lawful discharge of their duties.
8. In addition to any other penalty, the court shallorder a public officer or public employee convicted of violating any provisionof this section to pay restitution, including, without limitation, anyattorneys fees and costs incurred, to:
(a) Repair the credit history or rating of the personwhose personal identifying information the public officer or public employeeobtained and used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation incurredby the person whose personal identifying information the public officer orpublic employee obtained and used in violation of this section.
(Added to NRS by
NRS
1. It is unlawful for a person to possess, sell ortransfer any document or personal identifying information for the purpose ofestablishing a false status, occupation, membership, license or identity forhimself or any other person.
2. Except as otherwise provided in subsection 3, aperson who:
(a) Sells or transfers any such document or personalidentifying information in violation of subsection 1; or
(b) Possesses any such document or personal identifyinginformation in violation of subsection 1 to commit any of the crimes set forthin NRS 205.085 to
is guilty ofa category C felony and shall be punished as provided in
3. A person who violates subsection 2 by selling ortransferring the personal identifying information of an older person or avulnerable person is guilty of a category B felony and shall be punished byimprisonment in the state prison for a minimum term of not less than 1 year anda maximum term of not more than 20 years, and may be further punished by a fineof not more than $100,000.
4. Except as otherwise provided in this subsection andsubsections 2 and 3, a person who possesses any such document or personalidentifying information in violation of subsection 1 is guilty of a category Efelony and shall be punished as provided in NRS193.130. If a person possesses any such document or personal identifyinginformation in violation of subsection 1 for the sole purpose of establishingfalse proof of age, including, without limitation, establishing false proof ofage to game, purchase alcoholic beverages or purchase cigarettes or othertobacco products, the person is guilty of a misdemeanor.
5. Subsection 1 does not:
(a) Preclude the adoption by a city or county of anordinance prohibiting the possession of any such document or personalidentifying information; or
(b) Prohibit the possession or use of any such documentor personal identifying information by officers of local police, sheriff andmetropolitan police departments and by agents of the Investigation Division ofthe Department of Public Safety while engaged in undercover investigationsrelated 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,
NRS
1. A person who is a victim of identity theft in thisState and who has filed with a law enforcement agency a written report statingthat the person is a victim of identity theft may apply for an identity theftpassport through any law enforcement agency.
2. A law enforcement agency that receives anapplication for an identity theft passport shall submit the application and acopy of the written report described in subsection 1 to the Attorney Generalfor processing for issuance of an identity theft passport.
3. The Attorney General, in cooperation with any lawenforcement agency, may issue an identity theft passport to a person who is avictim of identity theft.
4. A person who is issued an identity theft passportpursuant to subsection 3 may present his identity theft passport to:
(a) A law enforcement agency to help prevent the arrestor detention of the person for an offense committed by another person using hispersonal identifying information; or
(b) A creditor to aid in the investigation of anyfraudulent account that is opened in his name or any fraudulent charge that ismade against an account in his name.
5. The law enforcement agency or creditor that ispresented with an identity theft passport pursuant to subsection 4 has solediscretion to accept or reject such passport. In determining whether to acceptor reject the identity theft passport, the law enforcement agency or creditormay consider the surrounding circumstances and available information regardingthe identity theft of the person.
6. An application for an identity theft passportsubmitted pursuant to this section, including any supporting documentation, isnot a public record and no part of it may be released except to a lawenforcement agency in this or another state.
7. The Attorney General may adopt regulationsnecessary to carry out the provisions of this section.
8. The Attorney General may accept gifts, grants anddonations from any source for the purpose of carrying out the provisions ofthis section.
9. As used in this section:
(a) Identity theft means a violation of theprovisions of NRS 205.463,
(b) Identity theft passport means a card orcertificate issued by the Attorney General that identifies a person who hasfiled with a local or state law enforcement agency in the State of Nevada asigned written crime report that he is a victim of an alleged crime of identitytheft and, except as otherwise provided in this section, must be given areasonable opportunity to prove to a law enforcement agency, creditor or otherlawfully interested person or governmental entity that he is the victim and notthe perpetrator of any alleged crime, breach of contract or other wrongdoing normallyassociated with victims of the crime of identity theft.
(Added to NRS by
NRS
1. A person shall not establish or possess a financialforgery laboratory with the intent to commit any unlawful act.
2. Unless a greater penalty is provided pursuant tospecific statute, a person who violates this section is guilty of a category Bfelony and shall be punished by imprisonment in the state prison for a minimumterm of not less than 1 year and a maximum term of not more than 20 years, andmay be further punished by a fine of not more than $100,000.
3. For the purposes of prosecuting a violation of thissection, the prosecuting attorney may present expert testimony to provide aprima facie case that any computer, system, program or electronic or mechanicaldevice, or any combination thereof, is specifically configured for any purposeset 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
(b) Financial forgery laboratory means any computer,system, program or other electronic or mechanical device, or any combinationthereof, that is specifically configured for the purpose of unlawfully:
(1) Obtaining personal identifying informationof another person to commit an unlawful act; or
(2) Manufacturing any forged or fraudulentfinancial instrument, document or item, including, without limitation, anynegotiable instrument, check, draft, bond, credit card, debit card, stockcertificate, annuity, bank bill or note, draft, bill of exchange, contract,promissory note, travelers check or money order.
(c) Personal identifying information has the meaningascribed to it in NRS 205.4617.
(d) Program has the meaning ascribed to it in
(e) System has the meaning ascribed to it in
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Is living or deceased during the course of theviolation or the prosecution.
2. Is an artificial person.
3. Suffers financial loss or injury as the result ofthe violation.
(Added to NRS by
NRS
1. In the ordinary course of his business oremployment; or
2. Pursuant to a financial transaction entered intowith an authorized user of a payment card who has given permission for thefinancial transaction.
(Added to NRS by
NRS
1. In any prosecution for a violation of any provisionof NRS 205.461 to
(a) An accessory has not been convicted, apprehended oridentified; or
(b) Some of the acts constituting elements of the crimedid not occur in this State or that where such acts did occur they were not acrime or elements of a crime.
2. In any prosecution for a violation of any provisionof NRS 205.461 to
(a) The person whose personal identifying informationforms a part of the violation currently resides or is found; or
(b) Any act constituting an element of the crimeoccurred, regardless of whether the defendant was every physically present inthat jurisdiction.
(Added to NRS by
PROGRAMS FOR RESTITUTION BY CERTAIN PERSONS
NRS
1. A district attorney may create within his office aprogram for restitution for persons referred to the district attorney by a lawenforcement officer who has probable cause to believe the person violatedparagraph (i) of subsection 1 of NRS205.0832 or NRS 205.130 or
2. The district attorney may adopt standards for thelaw enforcement agency which indicate the minimum requirements of investigationby the agency for its referral of a person to the district attorney foracceptance in the program.
3. If such a person is referred to the districtattorney, the district attorney shall determine if the person is appropriatefor acceptance in the program. The district attorney may consider:
(a) The amount of the check or draft drawn or passedwithout 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 violatedparagraph (i) of subsection 1 of NRS205.0832 or NRS 205.130 or
(e) Whether other allegations of drawing or passingchecks or drafts without sufficient money or credit to pay them in full arepending against the person; and
(f) The strength of the evidence, if any, of thepersons intent to defraud the alleged victim.
4. Except as otherwise provided in
(Added to NRS by 1989, 607; A 1989, 1206;
NRS
1. After the acceptance of a person to the program forrestitution, a notice must be sent by registered or certified mail to thatperson by a representative of the program.
2. The notice must contain:
(a) The date and amount of the check or draft theperson is alleged to have drawn or passed;
(b) The name of the payee;
(c) The date before which the person must contact thedesignated representative of the program concerning the check or draft;
(d) A demand for full restitution of the face amount ofthe check or draft and any fees authorized pursuant to
(e) A statement that failure to pay restitution andfees may result in criminal prosecution.
(Added to NRS by 1989, 607)
NRS
1. Voluntarily agree to participate in the program;and
2. Contact the designated representative of theprogram concerning the check or draft on or before the date required in thenotice pursuant to subsection 2 of NRS205.467.
(Added to NRS by 1989, 608)
NRS
1. The district attorney may enter into an agreementwith a person accepted to the program for restitution to suspend prosecutionfor a period to be determined by the district attorney, but in no case toexceed 6 months, pending the following:
(a) Completion by the person of a class conducted bythe district attorney, his designee or a private entity under contract with thedistrict attorney, which offers instruction in dealing with a checking accountand developing a budget;
(b) Payment by the person of the fee required toparticipate in the class;
(c) Full restitution made to the alleged victim; and
(d) Full payment of the fee authorized by
2. As additional consideration for the agreement, thedistrict attorney shall agree not to file criminal charges if the personaccepted to the program completes the conditions of the agreement.
(Added to NRS by 1989, 608)
NRS
1. The district attorney, the designatedrepresentative of the program for restitution or a private entity under contractwith the district attorney, may collect a fee from any person who draws orpasses a check or draft in violation of a provision of this chapter, if theoffice 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 checkor draft does not exceed $100;
(b) Fifty dollars if the face amount of the check ordraft is greater than $100 but does not exceed $300;
(c) Seventy-five dollars if the face amount of thecheck or draft is greater than $300 but does not exceed $1,000;
(d) One hundred and fifty dollars if the face amount ofthe check or draft is greater than $1,000 but does not exceed $2,500;
(e) Five hundred dollars if the face amount of the checkor draft is greater than $2,500 but does not exceed $10,000; or
(f) Ten percent of the face amount of the check ordraft if the face amount of the check or draft is greater than $10,000.
3. Money collected pursuant to this section must bedeposited in the county treasury in an account to be administered by thedistrict attorney. The district attorney may use the money in the account onlyto:
(a) Carry out the purposes of
(b) Defray the cost of:
(1) A program of instruction in managing achecking account and developing a budget; or
(2) Any other program of education orinstruction designed to prevent the drawing or passing of a check or draft inviolation of the provisions of this chapter; and
(c) Assist a victim of a crime. As used in thisparagraph, victim has the meaning ascribed to it in
(Added to NRS by 1989, 608; A 1997, 177)
NRS
(Added to NRS by 1989, 608)
UNLAWFUL ACTS REGARDING COMPUTERS AND INFORMATION SERVICES
NRS
(Added to NRS by 1983, 1203; A 1991, 50;
NRS
(Added to NRS by 1991, 49)
NRS
(Added to NRS by 1983, 1203)
NRS
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,
any otherdata, information, image, program, signal or sound contained in a computer,system or network without the knowledge or consent of the person who owns theother 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
NRS 205.4737
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,
any otherdata, information, image, program, signal or sound contained in a computer,system or network without the knowledge or consent of the person who owns theother data, information, image, program, signal or sound or the computer, systemor network.
2. The term includes, without limitation:
(a) A virus, worm or Trojan horse;
(b) Spyware that tracks computer activity and iscapable 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 inNRS 332.047.
(b) Spyware does not include:
(1) An Internet browser;
(2) Software for transmitting messages instantlythat informs the user whether other users are on-line at the same time;
(3) Software that is designed to detect orprevent the use of computer contaminants;
(4) Software that is designed to detectfraudulent on-line bidding;
(5) Software that is designed to preventchildren from accessing pornography on the Internet;
(6) Software that conducts remote maintenance orrepair of a computer or its systems;
(7) Software that is designed to manage or toperform maintenance on a network of computers;
(8) Software for media players; and
(9) Software that authenticates a user.
(Added to NRS by
NRS
(Added to NRS by 1983, 1203)
NRS
1. Prevent, impede, delay or disrupt access to anydata, 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 normaloperation or use of any component, device, equipment, system or network.
(Added to NRS by
NRS
1. Information service means a service that isdesigned 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 ornetwork that uses analog, digital, electronic, electromagnetic, magnetic oroptical technology.
2. The term does not include a community antennatelevision company, as defined in NRS711.030.
(Added to NRS by
NRS
1. Internet or network site means any identifiablesite on the Internet or on a network.
2. The term includes, without limitation:
(a) A website or other similar site on the World WideWeb;
(b) A site that is identifiable through a UniformResource 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
NRS
(Added to NRS by 1983, 1203; A
NRS
(Added to NRS by 1983, 1203)
NRS
(Added to NRS by 1983, 1203)
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Response costs means any reasonable costs thatarise in response to and as a proximate result of a crime described in
2. The term includes, without limitation, anyreasonable 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 futureloss, injury or other damage; or
(d) Test, examine, restore or verify the integrity ofor the normal operation or use of any Internet or network site, electronic mailaddress, computer, system, network, component, device, equipment, data,information, image, program, signal or sound.
(Added to NRS by
NRS
(Added to NRS by 1983, 1203)
NRS
1. Except as otherwise provided in subsection 6, aperson 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, permitsaccess to or causes to be accessed; or
(l) Enters,
data, aprogram 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, aperson 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, permitsaccess to or causes to be accessed,
equipment orsupplies that are used or intended to be used in a computer, system or networkis guilty of a misdemeanor.
3. Except as otherwise provided in subsection 6, aperson 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, permitsaccess to or causes to be accessed,
a computer,system or network is guilty of a misdemeanor.
4. Except as otherwise provided in subsection 6, aperson who knowingly, willfully and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
a deviceused to access a computer, network or data is guilty of a misdemeanor.
5. Except as otherwise provided in subsection 6, aperson who knowingly, willfully and without authorization introduces, causes tobe 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 todefraud or illegally obtain property;
(b) Caused response costs, loss, injury or other damagein excess of $500; or
(c) Caused an interruption or impairment of a publicservice, including, without limitation, a governmental operation, a system ofpublic communication or transportation or a supply of water, gas orelectricity,
the personis guilty of a category C felony and shall be punished as provided in
(Added to NRS by 1983, 1203; A 1991, 50; 1995, 1228;
NRS
1. Except as otherwise provided in subsections 3 and4, a person who knowingly, willfully and without authorization interferes with,denies or causes the denial of access to or use of a computer, system ornetwork to a person who has the duty and right to use it is guilty of amisdemeanor.
2. Except as otherwise provided in subsections 3 and4, a person who knowingly, willfully and without authorization uses, causes theuse of, accesses, attempts to gain access to or causes access to be gained to acomputer, system, network, telecommunications device, telecommunicationsservice 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 todefraud or illegally obtain property;
(b) Causedresponse costs, loss, injury or other damage in excess of $500; or
(c) Caused aninterruption or impairment of a public service, including, without limitation,a governmental operation, a system of public communication or transportation ora supply of water, gas or electricity,
the personis guilty of a category C felony and shall be punished as provided in
4. It is an affirmative defense to a charge madepursuant to this section that at the time of the alleged offense the defendantreasonably believed that:
(a) He was authorized to use or access the computer,system, network, telecommunications device, telecommunications service orinformation service and such use or access by the defendant was within thescope of that authorization; or
(b) The owner or other person authorized to giveconsent would authorize the defendant to use or access the computer, system,network, telecommunications device, telecommunications service or informationservice.
5. A defendant who intends to offer an affirmativedefense described in subsection 4 at a trial or preliminary hearing must, notless than 14 days before the trial or hearing or at such other time as thecourt may direct, file and serve on the prosecuting attorney a written noticeof that intent.
(Added to NRS by 1983, 1204; A 1991, 51; 1995, 1229;
NRS
(Added to NRS by 1991, 49; A 1995, 1229;
NRS
1. A person shall not willfully use or attempt to useencryption, directly or indirectly, to:
(a) Commit, facilitate, further or promote any criminaloffense;
(b) Aid, assist or encourage another person to commitany criminal offense;
(c) Conceal the commission of any criminal offense;
(d) Conceal or protect the identity of a person who hascommitted any criminal offense; or
(e) Delay, hinder or obstruct the administration of thelaw.
2. A person who violates any provision of thissection:
(a) Is guilty of a gross misdemeanor, unless theencryption was used or attempted to be used to commit a crime for which agreater penalty is provided by specific statute. If the encryption was used orattempted to be used to commit a crime for which a greater penalty is providedby specific statute, the person shall be punished as prescribed by statute forthat crime.
(b) Commits a criminal offense that is separate anddistinct from any other criminal offense and may be prosecuted and convictedpursuant to this section whether or not the person or any other person is orhas been prosecuted or convicted for any other criminal offense arising out ofthe same facts as the violation of this section.
(Added to NRS by
NRS
1. A person shall not willfully falsify or forge anydata, information, image, program, signal or sound that:
(a) Is contained in the header, subject line or routinginstructions of an item of electronic mail; or
(b) Describes or identifies the sender, source, pointof origin or path of transmission of an item of electronic mail,
with theintent to transmit or cause to be transmitted the item of electronic mail toany Internet or network site or to the electronic mail address of one or morerecipients without their knowledge of or consent to the transmission.
2. Except as otherwise provided in subsection 7, aperson shall not willfully transmit or cause to be transmitted an item ofelectronic mail to any Internet or network site or to the electronic mailaddress of one or more recipients without their knowledge of or consent to thetransmission if the person knows or has reason to know that the item ofelectronic mail contains or has been generated or formatted with:
(a) An Internet domain name that is being used withoutthe consent of the person who holds the Internet domain name; or
(b) Any data, information, image, program, signal orsound that has been used intentionally in the header, subject line or routinginstructions 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 oftransmission of the item of electronic mail.
3. A person shall not knowingly sell, give orotherwise distribute or possess with the intent to sell, give or otherwisedistribute any data, information, image, program, signal or sound which isdesigned 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 routinginstructions of an item of electronic mail; or
(b) Describes or identifies the sender, source, pointof origin or path of transmission of an item of electronic mail.
4. Except as otherwise provided in subsection 7, aperson shall not willfully and without authorization transmit or cause to betransmitted an item of electronic mail or any other data, information, image,program, signal or sound to any Internet or network site, to the electronicmail address of one or more recipients or to any other computer, system ornetwork:
(a) With the intent to prevent, impede, delay ordisrupt the normal operation or use of the Internet or network site, electronicmail address, computer, system or network, whether or not such a resultactually occurs; or
(b) Under circumstances in which such conduct isreasonably likely to prevent, impede, delay or disrupt the normal operation oruse of the Internet or network site, electronic mail address, computer, systemor network, whether or not such a result actually occurs.
5. Except as otherwise provided in subsection 6, aperson 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 todefraud or illegally obtain property;
(b) Caused response costs, loss, injury or other damagein excess of $500; or
(c) Caused an interruption or impairment of a publicservice, including, without limitation, a governmental operation, a system ofpublic communication or transportation or a supply of water, gas orelectricity,
the personis guilty of a category C felony and shall be punished as provided in
7. The provisions of subsections 2 and 4 do not applyto 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 ofanother person, unless the provider of Internet service is the person who firstgenerates the item of electronic mail.
8. As used in this section, item of electronic mailincludes, without limitation:
(a) A single item of electronic mail;
(b) Multiple copies of one or more items of electronicmail;
(c) A collection, group or bulk aggregation of one ormore items of electronic mail;
(d) A constant, continual or recurring pattern orseries of one or more items of electronic mail; or
(e) Any other data, information, image, program, signalor sound that is included or embedded in or attached or connected to one ormore items of electronic mail.
(Added to NRS by
NRS
1. A provider of Internet service shall keepconfidential:
(a) All information concerning a subscriber, other thanthe electronic mail address of the subscriber, unless the subscriber givespermission, in writing or by electronic mail, to the provider of Internetservice to disclose the information.
(b) The electronic mail address of a subscriber, if thesubscriber requests, in writing or by electronic mail, to have the electronicmail address of the subscriber kept confidential. Upon receiving such a requestfrom a subscriber, a provider of Internet service shall keep confidential theelectronic mail address of the subscriber, unless the subscriber givespermission, in writing or by electronic mail, to the provider of Internetservice to disclose the electronic mail address of the subscriber.
2. A provider of Internet service shall provide noticeof the requirements of subsection 1 to each of its subscribers. The notice mustinclude, without limitation, a conspicuous statement that a subscriber mayrequest, in writing or by electronic mail, to have the electronic mail addressof the subscriber kept confidential.
3. A provider of Internet service who violates anyprovision of this section is guilty of a misdemeanor and shall be punished by afine of not less than $50 or more than $500 for each violation.
4. As used in this section, provider of Internetservice means a provider of Internet service who charges a subscriber foraccess to the Internet or the electronic mail address of the subscriber.
(Added to NRS by
NRS
1. It is unlawful for a person knowingly and with theintent to avoid payment in full for the service obtained to:
(a) Obtain or attempt to obtain an information servicefrom a provider by deception, use of an illegal device or other fraudulentmeans. The requisite intent may be inferred from the presence on the propertyor 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 informationservice without payment. The inference is rebutted if the person shows that hepurchased the device for a legitimate purpose.
(b) Give to another person technical assistance orinstruction in obtaining an information service without full payment to aprovider.
(c) Maintain an ability to connect, by physical,electronic or other means, with facilities, components or devices used in aninformation service for the purpose of obtaining the information servicewithout payment of all lawful compensation to the provider.
(d) Make or maintain a modification of a deviceinstalled with the authorization of a provider to obtain any service that theperson is not authorized by the provider to obtain. The requisite intent may beinferred from proof that the standard procedure of the provider is to placelabels on its devices warning that modifying the device is a violation of lawand that the device has been modified without the permission of the provider.
(e) Possess, manufacture, deliver, offer to deliver oradvertise, without permission from the provider, a device or a kit for a devicedesigned to:
(1) Receive from the provider a service offeredfor sale by the provider, whether or not the service is encoded or otherwisemade unintelligible; or
(2) Perform or facilitate an act prohibited byparagraphs (a) to (d), inclusive.
Intent toviolate this paragraph for commercial advantage or financial gain may beinferred if the circumstances, including, without limitation, quantity orvolume, 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 devicedesigned to receive an information service offered for sale by a provider,whether or not the service is encoded or otherwise made unintelligible, withoutfull payment. The requisite intent may be inferred from proof that the personhas sold, leased or offered to sell or lease any such device, plan or kit andstated or implied to the buyer or lessee that it will enable him to obtain aninformation service without charge.
(g) Possess any other materials for the purpose ofcreating a device or a kit for a device designed to obtain an informationservice in any manner prohibited pursuant to this section.
2. This section does not prohibit or restrict a holderof an amateur service license issued by the Federal Communications Commissionfrom possessing or using a radio receiver or transceiver that is intendedprimarily for use in the amateur radio service and is used for lawful purposes.
3. A person who violates any provision of this sectionis guilty of a category D felony and shall be punished as provided in
(Added to NRS by 1993, 871; A 1997, 491;
NRS
1. A computer, system or network owned or operated byhis employer; and
2. Any supporting document to and any data,information, image, program, signal or sound contained in such a computer,system or network,
unless thepresumption is overcome by clear and convincing evidence to the contrary.
(Added to NRS by 1991, 50; A
NRS
1. Any victim of a crime described in
(a) Damages for any response costs, loss or injurysuffered as a result of the crime;
(b) Punitive damages; and
(c) Costs and reasonable attorneys fees incurred inbringing the civil action.
2. A victim of a crime described in
3. The provisions of this section do not abrogate orlimit the right of a victim of a crime described in
(Added to NRS by
NRS
1. If it appears that a person has engaged in or isabout to engage in any act or practice which violates any provision of
2. An injunction:
(a) May be issued without proof of actual damagesustained by any person.
(b) Does not preclude the criminal prosecution andpunishment of a violator.
(Added to NRS by 1991, 50; A
DOCUMENTS OF TITLE
NRS
1. Where the value of the goods purported to becovered by the document of title is $250 or more, for a category D felony asprovided in NRS 193.130. In addition toany other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $250, for amisdemeanor.
(Added to NRS by 1965, 927; A 1967, 510; 1979, 1450;1989, 1439; 1995, 1230)
NRS
(Added to NRS by 1965, 927; A 1967, 510)
NRS
1. Where the value of the goods purported to becovered by the document of title is $250 or more, for a category D felony asprovided in NRS 193.130. In addition toany other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $250, for amisdemeanor.
(Added to NRS by 1965, 927; A 1967, 510; 1979, 1450;1989, 1439; 1995, 1230)
NRS
(Added to NRS by 1965, 927; A 1967, 511)
NRS
(Added to NRS by 1965, 927; A 1967, 511)
NRS
1. Where the value of the goods purported to becovered by the document of title is $250 or more, for a category D felony asprovided in NRS 193.130. In addition toany other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $250, for amisdemeanor.
(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450;1989, 1439; 1995, 1230)
NRS
1. Where the value of the goods purported to becovered by the document of title is $250 or more, for a category D felony asprovided in NRS 193.130. In addition toany other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $250, for amisdemeanor.
(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450;1989, 1440; 1995, 1230)
NRS
1. Where the value of the goods purported to becovered by the document of title is $250 or more, for a category D felony asprovided in NRS 193.130. In addition toany other penalty, the court shall order the person to pay restitution.
2. Where the value is less than $250, for amisdemeanor.
(Added to NRS by 1965, 928; A 1967, 511; 1979, 1450;1989, 1440; 1995, 1231)
PAYMENT CARDS, REENCODERS AND SCANNING DEVICES
NRS
(Added to NRS by
NRS
1. Is issued to an authorized card user; and
2. Allows the user to obtain, purchase or receivecredit, money, a good, a service or anything of value.
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. A person shall not:
(a) Use a scanning device to access, read, obtain,memorize or store, temporarily or permanently, information encoded on themagnetic strip or stripe of a payment card:
(1) Without the permission of the authorizeduser of the payment card; and
(2) With the intent to defraud the authorizeduser, the issuer of the payment card or any other person.
(b) Use a reencoder to place information encoded on themagnetic strip or stripe of a payment card onto the magnetic strip or stripe ofa different card:
(1) Without the permission of the authorizeduser of the card from which the information is being reencoded; and
(2) With the intent to defraud the authorizeduser, the issuer of the payment card or any other person.
2. A person who violates any provision of this sectionis guilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot 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 shallorder a person who violates any provision of this section to pay restitution,including, without limitation, any attorneys fees and costs incurred to:
(a) Repair the credit history or rating of each personwho is a victim of the violation; and
(b) Satisfy a debt, lien or other obligation incurredby each person who is a victim of the violation.
(Added to NRS by
NRS
1. A person shall not possess a scanning device orreencoder with the intent to use the scanning device or reencoder for anunlawful purpose.
2. A person who violates any provision of this sectionis guilty of a category C felony and shall be punished as provided in
(Added to NRS by
NRS
1. In the ordinary course of his business oremployment; or
2. Pursuant to a financial transaction entered intowith an authorized user of a payment card who has given permission for thefinancial transaction.
(Added to NRS by
NRS
1. An accessory has not been convicted, apprehended oridentified; or
2. Some of the acts constituting elements of the crimedid not occur in this state or that where such acts did occur they were not acrime or elements of a crime.
(Added to NRS by
CREDIT CARDS AND DEBIT CARDS
NRS
(Added to NRS by 1971, 359; A 1977, 155;
NRS
(Added to NRS by 1971, 359; A
NRS
(Added to NRS by 1971, 359)
NRS
(Added to NRS by
NRS
(Added to NRS by 1971, 360; A
NRS
(Added to NRS by 1971, 360; A
NRS
(Added to NRS by 1971, 360)
NRS
(Added to NRS by 1971, 360; A
NRS
(Added to NRS by 1971, 360; A
NRS
1. A person who steals, takes or removes a credit cardor debit card from the person, possession, custody or control of anotherwithout the cardholders consent or who, with knowledge that a credit card ordebit card has been so taken, removed or stolen receives the credit card ordebit card with the intent to circulate, use or sell it or to transfer it to aperson other than the issuer or the cardholder, is guilty of a category D felonyand shall be punished as provided in NRS193.130. In addition to any other penalty, the court shall order the personto pay restitution.
2. A person who possesses a credit card or debit cardwithout 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 isguilty of a category D felony and shall be punished as provided in
3. A person who has in his possession or under hiscontrol two or more credit cards or debit cards issued in the name of anotherperson is presumed to have obtained and to possess the credit cards or debitcards with the knowledge that they have been stolen and with the intent tocirculate, use, sell or transfer them with the intent to defraud. Thepresumption established by this subsection does not apply to the possession oftwo or more credit cards or debit cards used in the regular course of thepossessors business or employment or where the possession is with the consentof the cardholder.
4. The provisions of this section do not apply to aperson employed by or operating a business, including, but not limited to, abank or other financial institution, credit bureau, collection agency or creditreporting agency, who, without the intent to defraud, lawfully furnishes toanother person or obtains the number or other identifying description of acredit card, debit card or credit account in the ordinary course of thatbusiness or employment or pursuant to a financial transaction entered into witha customer.
5. As used in this section:
(a) Credit card includes, without limitation, thenumber or other identifying description of a credit card or credit account.
(b) Debit card includes, without limitation, thenumber 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;
NRS
1. A person, except the issuer, who:
(a) Sells a credit card or debit card or the number orother identifying description of a credit card, debit card or credit account;or
(b) Buys a credit card, debit card or the number orother identifying description of a credit card, debit card or credit accountfrom a person other than the issuer,
is guilty ofa category D felony and shall be punished as provided in
2. The provisions of this section do not apply to aperson employed by or operating a business, including, but not limited to, abank or other financial institution, credit bureau, collection agency or creditreporting agency, who, without the intent to defraud, lawfully furnishes toanother person or obtains the number or other identifying description of acredit card, debit card or credit account in the ordinary course of thatbusiness or employment or pursuant to a financial transaction entered into witha customer.
(Added to NRS by 1971, 360; A 1985, 1457; 1991, 156;1995, 1232; 1999, 48)
NRS
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 atelephone calling card;
(c) An account number; or
(d) Any other code or number,
that can beused to obtain telephone service.
2. Except as otherwise provided in
(Added to NRS by 1993, 1205; A 1995, 1232)
NRS
(Added to NRS by 1971, 360; A 1985, 1457; 1995, 1232;1999, 48)
NRS
1. A person who, with the intent to defraud, falselymakes or falsely embosses a purported credit card or debit card or utters sucha credit card or debit card is guilty of a category D felony and shall bepunished as provided in NRS 193.130. Inaddition to any other penalty, the court shall order the person to payrestitution.
2. A person, except the purported issuer, whopossesses two or more credit cards or debit cards are falsely made or falselyembossed is presumed to have violated this section.
3. For the purpose of this section:
(a) A person falsely makes a credit card or debitcard when he alters a validly issued credit card or debit card or makes ordraws, in whole or in part, a device or instrument which purports to be thecredit card or debit card of a named issuer where the issuer did not authorizethe making or drawing.
(b) A person falsely embosses a credit card or debitcard when, without the authorization of the named issuer, he completes a creditcard or debit card by adding any matter, except the signature of thecardholder, which the issuer requires to appear on the credit card or debitcard before the credit card or debit card can be used by a cardholder.
(Added to NRS by 1971, 360; A 1979, 1451; 1995, 1232;1999, 48)
NRS
(Added to NRS by 1971, 361; A 1973, 1035; 1979, 1452;1995, 1233; 1999, 48)
NRS
1. Unless a greater penalty is provided pursuant to
(a) Uses a credit card or debit card to obtain money,goods, property, services or anything of value where the credit card or debitcard was obtained or retained in violation of NRS205.690 to 205.750, inclusive, orwhere the person knows the credit card or debit card is forged or is theexpired or revoked credit card or debit card of another;
(b) Uses the number or other identifying description ofa credit account, customarily evidenced by a credit card or the number or otheridentifying 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 oranything 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 holderof a card where the card has not in fact been issued,
is guilty ofa public offense and shall be punished for a category D felony as provided in
2. Unless a greater penalty is provided pursuant to
(a) One hundred dollars or more, for a category Dfelony as provided in NRS 193.130. Inaddition 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 therevocation of a credit card or debit card 4 days after notice of the revocationhas 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 knownaddress. 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 UnitedStates, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice maybe 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;
NRS
(Added to NRS by 1987, 1191; A
NRS
(Added to NRS by 1971, 361; A 1979, 1452; 1985, 1458;1995, 1234; 1999, 50)
NRS
(Added to NRS by 1971, 362; A 1979, 1453; 1985, 1458;1995, 1234; 1999, 50)
NRS
1. A person, except the cardholder, who possesses twoor more incomplete credit cards or debit cards with the intent to complete themwithout the consent of the issuer, or a person who, with knowledge of itscharacter, possesses machinery, plates or any other contrivance designed toproduce instruments which purport to be the credit cards or debit cards of anissuer who has not consented to the preparation of such credit cards or debitcards is guilty of a category D felony and shall be punished as provided in
2. As used in this section, a credit card or debitcard is incomplete if part of the matter, except the signature of thecardholder, required by an issuer to appear on the credit card or debit cardhas not yet been stamped, embossed, imprinted or written on the credit card ordebit card.
(Added to NRS by 1971, 362; A 1985, 1459; 1995, 1234;1999, 50)
NRS
1. A person who receives money, property, goods,services or anything of value obtained in violation of
2. A person who obtains at a discount price from asource other than the issuing company a ticket issued by an airline, railroad,steamship or other transportation company and acquired in violation of
(Added to NRS by 1971, 362; A 1979, 1453; 1985, 1459;1995, 1235; 1997, 1602)
NRS
1. An accessory has not been convicted, apprehended oridentified; or
2. Some of the acts constituting elements of the crimedid not occur in this state or that where such acts did occur they were not acrime or elements of a crime.
(Added to NRS by 1971, 362)
CARTS USED IN RETAIL STORES AND LAUNDRIES
NRS
1. Cart means a small, wheeled vehicle, drawn orpushed 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, totransport 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 acustomers use to park his vehicle.
(Added to NRS by 1985, 976)
NRS
1. The name, address and telephone number of hisbusiness; and
2. A statement that the unauthorized removal orpossession of the cart is a misdemeanor.
(Added to NRS by 1985, 977)
NRS
(Added to NRS by 1985, 977)
NRS
1. Any person who:
(a) Knowingly possesses a cart that has been removedfrom the owners premises;
(b) Possesses a cart with the serial numbers removed,obliterated or altered with the intent to deprive the owner of the cart of itspossession either temporarily or permanently;
(c) Leaves or abandons a cart at a location other thanthe owners premises with the intent to deprive the owner of its possessioneither temporarily or permanently;
(d) Alters, converts or tampers with a cart; or
(e) Removes, obliterates or alters the carts serialnumbers,
is guilty ofa 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 orestablishment for dry cleaning who has written permission from the owner of thecart, his agents or employees to possess the cart or remove it from thepremises; or
(c) The operator of a service to retrieve carts if hehas complied with NRS 205.850.
(Added to NRS by 1985, 977)
OBTAINING CHILD CARE WITH INTENT TO DEFRAUD
NRS
1. Care includes board, laundry, lodging, teaching,incidental materials and supplies, necessary articles of apparel or clothing andnecessary medical, nursing or hospital service for which a child careestablishment is liable.
2. Child care establishment includes any childrenshome, day nursery, kindergarten, nursery school or other similar establishmenthowever designated, maintained or operated for the care of children forcompensation or hire.
(Added to NRS by 1987, 1302)
NRS
1. Any person who obtains care for any child in anychild care establishment with intent to defraud the keeper or proprietor ofthat establishment is guilty of a misdemeanor.
2. This section does not apply where there has been anagreement in writing for delay in payment for a period exceeding 10 days.
(Added to NRS by 1987, 1302)
NRS
(Added to NRS by 1987, 1302)
MISCELLANEOUS CRIMES AGAINST PROPERTY
NRS
1. Any person who has unauthorized possession of a keyor other device used by a guest in a hotel or by the hotel to gain entrance toa room in a hotel, under circumstances which demonstrate the persons intent touse or to allow the use of the device in the commission of a crime is guilty ofa gross misdemeanor.
2. As used in this section, hotel means everybuilding used as or held out to the public to be a place where accommodationsfor sleeping or rooming are furnished to the public, either with or withoutmeals.
(Added to NRS by 1987, 545)
NRS
1. Any person who without authority:
(a) Leads or attempts to lead from its uses or make useof the electrical signal or any portion thereof from any posts, wires, towersor other materials or fixtures employed in the construction or use of any lineof a television coaxial cable or a microwave radio system;
(b) Attaches any device to a television receiver of anykind for the purpose of intercepting or decoding the transmission of any payprogram of a multipoint distribution system in a manner not authorized by thesystem; or
(c) Knowingly or willfully and for profit manufactures,distributes or sells any device, kit or plan designed to intercept or decodethe transmission of a multipoint distribution system in a manner not authorizedby the system,
is guilty ofa misdemeanor.
2. The provisions of this section do not apply to theinterception by a person of any direct transmission of a television signal froma communication satellite if the person does not charge a fee for admission toview the television show.
(Added to NRS by 1963, 9; A 1965, 63; 1967, 507;1979, 1448; 1981, 2058; 1985, 1828)(Substituted in revision for NRS 205.470)
NRS
1. It is unlawful for a person to obtain orattempt to obtain telephone or telegraph service with the intent to avoidpayment for that service by himself or to avoid payment for that service by anyother person, by:
(a) Charging the service to an existing telephonenumber without authority of the subscriber, to a nonexistent telephone numberor to a number associated with telephone service which is suspended orterminated after notice of suspension or termination has been given to thesubscriber;
(b) Charging the service to a credit card withoutauthority of the lawful holder, to a nonexistent credit card or to a revoked orcancelled, as distinguished from expired, credit card after notice ofrevocation or cancellation has been given to the holder;
(c) Using a code, prearranged scheme or other similardevice to send or receive information;
(d) Rearranging, tampering with or making connectionwith any facilities or equipment, whether physically, electrically,acoustically, inductively or otherwise;
(e) Using any other deception, false token or othermeans to avoid payment for the service; or
(f) Concealing, or assisting another to conceal, fromany telephone or telegraph company or from any lawful authority the existenceor place of origin or destination of any message.
2. A person who violates the provisions of thissection is guilty of a category D felony and shall be punished as provided in
3. This section applies when the service involvedeither originates or terminates, or both originates and terminates, in theState of Nevada, or when the charges for the service would have been billablein the normal course by a person, firm or corporation providing the service inthis state but for the fact that the service was obtained or attempted to beobtained by one or more of the means set forth in subsection 1.
(Added to NRS by 1965, 324; A 1967, 507; 1979, 1449;1989, 1438; 1993, 872, 1206; 1995, 1235; 1997, 492)
NRS
1. It is unlawful to make or possess any instrument,apparatus or device or to sell, give or otherwise transfer to another or tooffer or advertise for sale any instrument, apparatus, device or information,or plans or instructions for making or assembling such equipment, withknowledge or reason to believe that it is intended to be used to obtaintelephone or telegraph service with intent to avoid payment therefor by any ofthe means listed in paragraph (c), (d) or (f) of subsection 1 of
2. A person who violates any of the provisions ofsubsection 1 is guilty of a category D felony and shall be punished as providedin NRS 193.130.
(Added to NRS by 1965, 325; A 1967, 508; 1993, 1206;1997, 493)
NRS
1. Any person who in renting or leasing any personalproperty obtains or retains possession of such personal property by means of anyfalse or fraudulent representation, fraudulent concealment, false pretense orpersonation, trick, artifice or device, including, but not limited to, a falserepresentation as to his name, residence, employment or operators license, isguilty of larceny and shall be punished as provided in
2. Any person who, after renting or leasing anypersonal property under an agreement in writing which provides for the returnof the personal property to a particular place at a particular time fails toreturn 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 propertywithout the lessors permission, thereafter fails to return such property toany place of business of the lessor within 72 hours after a written demand forthe return of such property is made upon him by registered mail addressed tohis address as shown in the written agreement, or in the absence of suchaddress, to his last known place of residence, is guilty of larceny and shallbe punished as provided in NRS 205.2175to 205.2707, inclusive. The failure toreturn the personal property to the place specified in the agreement is primafacie evidence of an intent to defraud the lessor or to retain possession ofsuch property without the lessors permission. It is a complete defense to anycivil action arising out of or involving the arrest or detention of any personupon whom such demand was made that he failed to return the personal propertyto any place of business of the lessor within 20 days after such demand.
(Added to NRS by 1971, 1017; A 1997, 345)
NRS
1. It is unlawful for a person to receive an advancefee, salary, deposit or money to obtain a loan for another unless he places theadvance fee, salary, deposit or money in escrow pending completion of the loanor a commitment for the loan.
2. Advance payments to cover reasonably estimatedcosts paid to third persons are excluded from the provisions of subsection 1 ifthe person making them first signs a written agreement which specifies theestimated costs by item and the estimated aggregate cost, and which recitesthat money advanced for costs will not be refunded. If an itemized service isnot performed and the estimated cost thereof is not refunded, the recipient ofthe advance payment is subject to the penalties provided in subsection 3.
3. A person who violates the provisions of thissection:
(a) Is guilty of a misdemeanor if the amount is lessthan $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
(Added to NRS by 1977, 618; A 1979, 1396; 1989, 1439;1991, 179; 1995, 1236; 1997, 519)
NRS
1. It is unlawful for a person to enter into anagreement to act as an intermediary to hold the money of another personpursuant to an exchange of property which is or is purported to be tax freepursuant to 26 U.S.C. 1031 unless:
(a) The intermediary is a qualified intermediary asdefined in 26 C.F.R. 1.1031(k)-1(g);
(b) The money is deposited in a qualified escrowaccount 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 notbe withdrawn from the escrow account without the written approval of theintermediary and the person for whom he is holding the money.
2. A person who violates the provisions of thissection is guilty of a category D felony and shall be punished as provided in
3. In addition to any other penalty imposed, the courtshall order a person who violates subsection 1 to pay a civil penalty of notless than $10,000. The money so collected:
(a) Must not be deducted from any penal fine imposed bythe court;
(b) Must be stated separately on the courts docket;and
(c) Must be remitted forthwith to the Administrator ofthe Real Estate Division of the Department of Business and Industry.
(Added to NRS by 1993, 2021; A 1995, 668, 1236)
NRS
1. A person shall not, with the intent to cheat ordefraud a retailer, possess, make, alter, forge or counterfeit any salesreceipt or inventory pricing label.
2. Unless a greater penalty is imposed by a specificstatute and except as otherwise provided in subsection 3, a person who violatesany provision of subsection 1 is guilty of a category E felony and shall bepunished as provided in NRS 193.130.
3. Unless a greater penalty is imposed by a specificstatute, a person who violates any provision of subsection 1 and who possesses15 or more fraudulent sales receipts or inventory pricing labels is guilty of acategory D felony and shall be punished as provided in
4. As used in this section, inventory pricing labelincludes, without limitation, any written or electronic record or label used bya retailer to identify, inventory or price any product or item it offers forsale.
(Added to NRS by
NRS
1. A person shall not, with the intent to commit, aidor abet a theft, possess any theft detection shielding device or theftdetection device deactivator.
2. A person shall not, with the intent to commit, aidor abet a theft, manufacture, sell or distribute any theft detection shieldingdevice or theft detection device deactivator.
3. A person who violates any provision of this sectionis guilty of a category D felony and shall be punished as provided in
4. As used in this section:
(a) Theft detection device deactivator includes,without limitation, any tool or device designed to allow, or capable ofallowing, the deactivation or removal of a theft detection device from anymerchandise.
(b) Theft detection shielding device includes,without limitation, any laminated or coated bag or device intended to shieldmerchandise from detection by an electronic or magnetic theft detector.
(Added to NRS by
CIVIL LIABILITY FOR LOSS OR DAMAGE TO PROPERTY
NRS
1. A person who is convicted of violating anyprovision of NRS 205.060 or
2. A person who is convicted of any other crimeinvolving damage to property is civilly liable for the amount of damage done tothe property.
3. The prosecutor shall notify the victim concerningthe disposition of the criminal charges against the defendant within 30 daysafter the disposition. The notice must be sent to the last known address of thevictim.
4. An order of restitution signed by the judge inwhose court the conviction was entered shall be deemed a judgment against thedefendant for the purpose of collecting damages.
5. Nothing in this section prohibits a victim fromrecovering additional damages from the defendant.
(Added to NRS by 1993, 77)
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