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Nevada Theft Laws
Nevada Theft Laws

 

THEFT

NRS 205.0821 Definitions.

As used in NRS 205.0821 to 205.0835 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 205.0822 to 205.0831 , inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 1203; A 1999, 2706 ; 2007, 683 )

NRS 205.0822 "Check" defined.

"Check" means any check, draft or other negotiable instrument of any kind.

      (Added to NRS by 1989, 1203)

NRS 205.0823 "Control" defined.

"Control" means to act so as to prevent a person from using his own property except on the actor's terms.

      (Added to NRS by 1989, 1204)

NRS 205.0824 "Deprive" defined.

"Deprive" means to withhold a property interest of another person permanently or for so long a time that a substantial portion of its value, usefulness or enjoyment is lost, or to withhold it with the intent to restore it only upon the payment of a reward or other compensation, or to transfer or dispose of it so that it is unlikely to be recovered.

      (Added to NRS by 1989, 1204)

NRS 205.0825 "Draw" defined.

"Draw" means making, drawing, uttering, preparing, writing or delivering a check.

      (Added to NRS by 1989, 1204)

NRS 205.08255 "Intangible property" defined.

"Intangible property" means property that lacks a physical existence yet possesses value, including, without limitation, customer lists, trade secrets, copyrighted material or other confidential information.

      (Added to NRS by 1999, 2703 )

NRS 205.0826 "Issue" defined.

"Issue" means to deliver or cause to be delivered a check to a person who by that delivery acquires a right against the drawer of the check. A person who draws a check with intent that it be so delivered shall be deemed to have issued it if the delivery occurs.

      (Added to NRS by 1989, 1204)

NRS 205.0827 "Obtain" defined.

"Obtain" means to bring about or receive the transfer of any interest in property, or to secure performance of a service.

      (Added to NRS by 1989, 1204)

NRS 205.0828 "Property of another person" defined.

"Property of another person" means real, personal or intangible property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, including, without limitation, property in which the defendant also has an interest, notwithstanding that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in the possession of the defendant in which another person has only a security interest shall be deemed not to be the property of that other person, even if that person holds legal title to the property pursuant to a security agreement.

      (Added to NRS by 1989, 1204; A 1999, 2706 )

NRS 205.0829 "Services" defined.

"Services" includes labor, professional services, transportation, cable television or other video service, telephone, gas or electricity services, accommodations in hotels, restaurants, leased premises or elsewhere, admissions to exhibitions and the use of vehicles or other movable property.

      (Added to NRS by 1989, 1204; A 2007, 1376 )

NRS 205.083 "Transfer" defined. "Transfer" means to change the possession or control of property.

      (Added to NRS by 1989, 1204)

NRS 205.0831 "Value" defined.

"Value" means the fair market value of the property or services at the time of the theft. The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument. The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making that determination, consider all relevant evidence, including evidence of the value of the property to its owner.

      (Added to NRS by 1989, 1204)

NRS 205.0832 Actions which constitute theft.

      1.  Except as otherwise provided in subsection 2, a person commits theft if, without lawful authority, he knowingly:

      (a) Controls any property of another person with the intent to deprive that person of the property.

      (b) Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or prescribed duration or for a limited use.

      (c) Obtains real, personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this paragraph, "material misrepresentation" means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.

      (d) Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his own use or that of another person without reasonable efforts to notify the true owner.

      (e) Controls property of another person knowing or having reason to know that the property was stolen.

      (f) Obtains services or parts, products or other items related to such services which he knows are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his own benefit or that of another person without lawful authority to do so.

      (g) Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person.

      (h) Commits any act that is declared to be theft by a specific statute.

      (i) Draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented.

      (j) Obtains gasoline or other fuel or automotive products which are available only for compensation without paying or agreeing to pay compensation.

      2.  A person who commits an act that is prohibited by subsection 1 which involves the repair of a vehicle has not committed theft unless, before the repair was made, he received a written estimate of the cost of the repair.

      (Added to NRS by 1989, 1204; A 1999, 2706 ; 2001, 3024 )

NRS 205.0833 Theft constitutes single offense embracing certain separate offenses; specification of charge in indictment or information.

      1.  Conduct denominated theft in NRS 205.0821 to 205.0835 , inclusive, constitutes a single offense embracing the separate offenses commonly known as larceny, receiving or possessing stolen property, embezzlement, obtaining property by false pretenses, issuing a check without sufficient money or credit, and other similar offenses.

      2.  A criminal charge of theft may be supported by evidence that an act was committed in any manner that constitutes theft pursuant to NRS 205.0821 to 205.0835 , inclusive, notwithstanding the specification of a different manner in the indictment or information, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if it determines that, in a specific case, strict application of the provisions of this subsection would result in prejudice to the defense by lack of fair notice or by surprise.

      (Added to NRS by 1989, 1205; A 2007, 683 )

NRS 205.0834 Determination of amount involved in particular theft.

The amount involved in a theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained. Amounts involved in thefts committed pursuant to a scheme or continuing course of conduct, whether from one or more persons, may be aggregated in determining the grade of the offense.

      (Added to NRS by 1989, 1205)

NRS 205.08345 Participation in organized retail theft ring; penalties; determination of amount involved in thefts committed by organized retail theft ring; venue.

      1.  A person who participates in an organized retail theft ring is guilty of a category B felony and shall be punished by imprisonment in the state prison for:

      (a) If the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring in this State during a period of 90 days is at least $2,500 but less than $10,000, a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      (b) If the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring in this State during a period of 90 days is $10,000 or more, a minimum term of not less than 2 years and a maximum term of not more than 15 years, and by a fine of not more than $20,000.

      2.  In addition to any other penalty, the court shall order a person who violates this section to pay restitution.

      3.  For the purposes of this section, in determining the aggregated value of the property or services involved in all thefts committed by an organized retail theft ring in this State during a period of 90 days:

      (a) The amount involved in a single theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained; and

      (b) The amounts involved in all thefts committed by all participants in the organized retail theft ring must be aggregated.

      4.  In any prosecution for a violation of this section, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which any theft committed by any participant in an organized retail theft ring was committed, regardless of whether the defendant was ever physically present in that jurisdiction.

      5.  As used in this section:

      (a) "Merchant" has the meaning ascribed to it in NRS 597.850 .

      (b) "Organized retail theft ring" means three or more persons who associate for the purpose of engaging in the conduct of committing a series of thefts of retail merchandise against more than one merchant in this State or against one merchant but at more than one location of a retail business of the merchant in this State.

      (Added to NRS by 2007, 682 )

NRS 205.0835 Penalties.

1.  Unless a greater penalty is imposed by a specific statute and unless the provisions of NRS 205.08345 apply under the circumstances, a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835 , inclusive, shall be punished pursuant to the provisions of this section.

      2.  If the value of the property or services involved in the theft is less than $250, the person who committed the theft is guilty of a misdemeanor.

      3.  If the value of the property or services involved in the theft is $250 or more but less than $2,500, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

      4.  If the value of the property or services involved in the theft is $2,500 or more, the person who committed the theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      5.  In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.

      (Added to NRS by 1989, 1205; A 1995, 1216; 1997, 340; 2007, 683 )

 

 

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