S.B. 264
- *SB264*
SENATE BILL NO. 264–SENATOR STONE
MARCH 3, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to crimes against
property. (BDR 15-219)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; revising provisions governing the crime
of burglary of a business; revising provisions governing
the crime of organized retail theft; lowering the monetary
threshold for the classification of certain theft and related
offenses; providing a penalty for certain conduct
determined to be habitual theft; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that a person who, by day or night, unlawfully enters or 1
unlawfully remains in a business structure with the intent to commit grand or petit 2
larceny, assault or battery on any person or any felony is guilty of the crime of 3
burglary of a business. (NRS 205.060) Section 1 of this bill removes the elements 4
of unlawfully entering or unlawfully remaining from the offense, thereby making it 5
a crime to enter any business structure with the intent to commit grand or petit 6
larceny, assault or battery on any person or any felony. 7
Existing law: (1) makes it a crime to knowingly participate directly or 8
indirectly in or engage in conduct with the intent to further an organized retail theft; 9
and (2) defines “organized retail theft” as committing, either alone or with any 10
other person or persons, a series of thefts of retail merchandise against one or more 11
merchants, either on the premises of a merchant or through the use of an Internet or 12
network site, in this State with the intent to return the merchandise to the merchant 13
for value or to resell, trade or barter the merchandise for value under certain 14
circumstances. (NRS 205.08345) Section 2 of this bill: (1) expands the crime of 15
organized retail theft by making it unlawful to buy, receive, possess or withhold 16
retail merchandise knowing that it was obtained through an organized retail theft or 17
under such circumstances as should have caused a reasonable person to know that it 18
was obtained through an organized retail theft, whether or not the person involved 19
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in the theft committed in the organized retail theft is or has been prosecuted or 20
convicted for the offense; (2) defines “retail merchandise” for purposes of the crime 21
of organized retail theft; and (3) revises the definition of “organized retail theft” to 22
include a single theft and remove the elements of the crime requiring the return of 23
the merchandise to the merchant for value or the reselling, trading or bartering of 24
such merchandise. 25
Existing law establishes certain crimes making it unlawful to take or obtain 26
property, including: (1) theft; (2) grand larceny; (3) petit larceny; and (4) receiving 27
or possessing stolen property. (NRS 205.0821-205.0835, 205.2175-205.2705, 28
205.275) Existing law provides that a person who commits theft is guilty of: (1) a 29
misdemeanor if the value of the property or services involved in the theft is less 30
than $1,200; (2) a category D felony if the value is $1,200 or more but less than 31
$5,000; (3) a category C felony if the value is $5,000 or more but less than $25,000; 32
(4) a category B felony, punishable by imprisonment in the state prison for a 33
minimum term of not less than 1 year and a maximum term of not more than 10 34
years, and by a fine of not more than $10,000, if the value is $25,000 or more but 35
less than $100,000; and (5) a category B felony punishable by imprisonment in the 36
state prison for a minimum term of not less than 1 year and a maximum term of not 37
more than 20 years, and by a fine of not more than $15,000, if the value is $100,000 38
or more. (NRS 205.0835) Section 3 of this bill reduces the felony theft threshold to 39
$650 and revises the tier of felony penalties based on the value of the property or 40
services involved in the theft. Sections 4-22 and 28-31 of this bill make 41
conforming changes to various theft and related offenses that use similar monetary 42
thresholds for purposes of determining the applicable criminal penalties. 43
Existing law: (1) authorizes a prosecuting attorney to prosecute a person as a 44
habitual criminal, habitual felon or habitually fraudulent felon under certain 45
conditions; and (2) prescribes the punishment for a habitual criminal, habitual felon 46
or habitually fraudulent felon. (NRS 207.010, 207.012, 207.014) Section 23 of this 47
bill: (1) authorizes a prosecuting attorney to prosecute a person as a habitual theft 48
offender if the person is convicted of certain theft offenses punishable as a 49
misdemeanor and has previously been convicted two or more times of certain theft 50
offenses punishable as a misdemeanor; and (2) makes the punishment for a habitual 51
theft offender a category B felony punishable by imprisonment in the state prison 52
for a minimum term of not less than 1 year and a maximum term of not more than 53
10 years. Sections 24-27, 32 and 33 of this bill make conforming changes for 54
consistency with the existing habitual criminal, habitual felon and habitually 55
fraudulent felon statutory scheme. 56
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.060 is hereby amended to read as follows: 1
205.060 1. A person who, by day or night, unlawfully enters 2
or unlawfully remains in any: 3
(a) Dwelling with the intent to commit grand or petit larceny, 4
assault or battery on any person or any felony, or to obtain money or 5
property by false pretenses, is guilty of residential burglary. 6
(b) [Business structure with the intent to commit grand or petit 7
larceny, assault or battery on any person or any felony is guilty of 8
burglary of a business. 9
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(c)] Motor vehicle, or any part thereof, with the intent to commit 1
grand or petit larceny, assault or battery on any person or any felony 2
is guilty of burglary of a motor vehicle. 3
[(d)] (c) Structure other than a dwelling [, business structure or] 4
or motor vehicle or a business structure pursuant to subsection 2 5
with the intent to commit grand or petit larceny, assault or battery on 6
any person or any felony is guilty of burglary of a structure. 7
2. A person who, by day or night, enters any business 8
structure with the intent to commit grand or petit larceny, assault 9
or battery on any person or any felony is guilty of burglary of a 10
business. 11
3. Except as otherwise provided in this section, a person 12
convicted of: 13
(a) Burglary of a motor vehicle: 14
(1) For the first offense, is guilty of a category E felony and 15
shall be punished as provided in NRS 193.130. 16
(2) For a second or subsequent offense, is guilty of a 17
category D felony and shall be punished as provided in 18
NRS 193.130. 19
(b) Burglary of a structure is guilty of a category D felony and 20
shall be punished as provided in NRS 193.130. 21
(c) Burglary of a business is guilty of a category C felony and 22
shall be punished as provided in NRS 193.130. 23
(d) Residential burglary is guilty of a category B felony and 24
shall be punished by imprisonment in the state prison for a 25
minimum term of not less than 1 year and a maximum term of not 26
more than 10 years. 27
[3.] 4. If mitigating circumstances exist, a person who is 28
convicted of residential burglary may be released on probation and 29
granted a suspension of sentence if the person has not previously 30
been convicted of residential burglary or another crime involving 31
the unlawful entry or invasion of a dwelling. 32
[4.] 5. Whenever any burglary pursuant to this section is 33
committed on a vessel, vehicle, vehicle trailer, semitrailer, house 34
trailer, airplane, glider, boat or railroad car, in motion or in rest, in 35
this State, and it cannot with reasonable certainty be ascertained in 36
what county the crime was committed, the offender may be arrested 37
and tried in any county through which the vessel, vehicle, vehicle 38
trailer, semitrailer, house trailer, airplane, glider, boat or railroad car 39
traveled during the time the burglary was committed. 40
[5.] 6. A person convicted of any burglary pursuant to this 41
section who has in his or her possession or gains possession of any 42
firearm or deadly weapon at any time during the commission of the 43
crime, at any time before leaving the dwelling, structure or motor 44
vehicle or upon leaving the dwelling, structure or motor vehicle, is 45
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guilty of a category B felony and shall be punished by imprisonment 1
in the state prison for a minimum term of not less than 2 years and a 2
maximum term of not more than 15 years, and may be further 3
punished by a fine of not more than $10,000. 4
[6.] 7. As used in this section: 5
(a) “Business structure” means any structure or building, the 6
primary purpose of which is to carry on any lawful effort for a 7
business, including, without limitation, any business with an 8
educational, industrial, benevolent, social or political purpose, 9
regardless of whether the business is operated for profit. 10
(b) “Dwelling” means any structure, building, house, room, 11
apartment, tenement, tent, conveyance, vessel, boat, vehicle, house 12
trailer, travel trailer, motor home or railroad car, including, without 13
limitation, any part thereof that is divided into a separately occupied 14
unit: 15
(1) In which any person lives; or 16
(2) Which is customarily used by a person for overnight 17
accommodations, 18
regardless of whether the person is inside at the time of the 19
offense. 20
(c) “Motor vehicle” means any motorized craft or device 21
designed for the transportation of a person or property across land or 22
water or through the air which does not qualify as a dwelling or 23
business structure pursuant to this section. 24
(d) “Unlawfully enters or unlawfully remains” means for a 25
person to enter or remain in a dwelling, structure or motor vehicle or 26
any part thereof, including, without limitation, under false pretenses, 27
when the person is not licensed or privileged to do so. For purposes 28
of this definition, a license or privilege to enter or remain in a part of 29
a dwelling, structure or motor vehicle that is open to the public is 30
not a license or privilege to enter or remain in a part of the dwelling, 31
structure or motor vehicle that is not open to the public. 32
Sec. 2. NRS 205.08345 is hereby amended to read as follows: 33
205.08345 1. A person [who knowingly] commits an offense 34
involving organized retail theft if the person: 35
(a) Knowingly participates directly or indirectly in or engages in 36
conduct with the intent to further an organized retail theft ; or 37
(b) Buys, receives, possesses or withholds retail merchandise 38
knowing that it was obtained through an organized retail theft or 39
under such circumstances as should have caused a reasonable 40
person to know that it was obtained through an organized retail 41
theft, whether or not the person involved in the theft committed in 42
the organized retail theft is or has been prosecuted or convicted 43
for the offense. 44
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2. A person who violates the provisions of subsection 1 is 1
guilty of a category B felony and shall be punished by imprisonment 2
in the state prison for: 3
(a) If the aggregated value of the property or services involved 4
in all thefts committed in the organized retail theft in this State 5
during a period of 120 days is at least $3,500 but less than $10,000, 6
a minimum term of not less than 1 year and a maximum term of not 7
more than 10 years, and by a fine of not more than $10,000. 8
(b) If the aggregated value of the property or services involved 9
in all thefts committed in the organized retail theft in this State 10
during a period of 120 days is $10,000 or more, a minimum term of 11
not less than 2 years and a maximum term of not more than 15 12
years, and by a fine of not more than $20,000. 13
[2.] 3. In addition to any other penalty, the court shall order a 14
person who violates this section to pay restitution. 15
[3.] 4. For the purposes of this section, in determining the 16
aggregated value of the property or services involved in all thefts 17
committed in the organized retail theft in this State during a period 18
of 120 days: 19
(a) The amount involved in a single theft shall be deemed to be 20
the highest value, by any reasonable standard, of the property or 21
services which are obtained; and 22
(b) The amounts involved in all thefts committed by all 23
participants in the organized retail theft must be aggregated. 24
[4.] 5. In any prosecution for a violation of this section, the 25
violation shall be deemed to have been committed and may be 26
prosecuted in any jurisdiction in this State in which any theft 27
committed by any participant in the organized retail theft was 28
committed, regardless of whether the defendant was ever physically 29
present in that jurisdiction. 30
[5.] 6. The Attorney General may investigate and prosecute a 31
violation of this section and any other statute violated in the course 32
of committing a violation of this section. 33
[6.] 7. As used in this section: 34
(a) “Internet or network site” has the meaning ascribed to it in 35
NRS 205.4744. 36
(b) “Merchant” has the meaning ascribed to it in NRS 597.850. 37
(c) “Organized retail theft” means committing, either alone or 38
with any other person or persons, a theft or series of thefts of retail 39
merchandise against one or more merchants, either on the premises 40
of a merchant or through the use of an Internet or network site, in 41
this State . [with the intent to: 42
(1) Return the merchandise to the merchant for value; or 43
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(2) Resell, trade or barter the merchandise for value in any 1
manner, including, without limitation, through the use of an Internet 2
or network site.] 3
(d) “Retail merchandise” means any good, product, item, 4
property or anything of value that is typically displayed, held, 5
stored or offered for sale, trade or other transfer, at a store, 6
warehouse, building or other premises. 7
Sec. 3. NRS 205.0835 is hereby amended to read as follows: 8
205.0835 1. Unless a greater penalty is imposed by a specific 9
statute and unless the provisions of NRS 205.08345 apply under the 10
circumstances, a person who commits theft in violation of any 11
provision of NRS 205.0821 to 205.0835, inclusive, shall be 12
punished pursuant to the provisions of this section. 13
2. If the value of the property or services involved in the theft: 14
(a) Is less than [$1,200,] $650, the person who committed the 15
theft is guilty of a misdemeanor. 16
(b) Is [$1,200] $650 or more but less than [$5,000,] $3,000, the 17
person who committed the theft is guilty of a category D felony and 18
shall be punished as provided in NRS 193.130. 19
(c) Is [$5,000] $3,000 or more but less than [$25,000,] $10,000, 20
the person who committed the theft is guilty of a category C felony 21
and shall be punished as provided in NRS 193.130. 22
(d) Is [$25,000] $10,000 or more but less than $100,000, the 23
person who committed the theft is guilty of a category B felony and 24
shall be punished by imprisonment in the state prison for a 25
minimum term of not less than 1 year and a maximum term of not 26
more than 10 years, and by a fine of not more than $10,000. 27
(e) Is $100,000 or more, the person who committed the theft is 28
guilty of a category B felony and shall be punished by imprisonment 29
in the state prison for a minimum term of not less than [1 year] 2 30
years and a maximum term of not more than 20 years, and by a fine 31
of not more than $15,000. 32
3. In addition to any other penalty, the court shall order the 33
person who committed the theft to pay restitution. 34
Sec. 4. NRS 205.130 is hereby amended to read as follows: 35
205.130 1. Except as otherwise provided in this subsection 36
and subsections 2 and 3, a person who willfully, with an intent to 37
defraud, draws or passes a check or draft to obtain: 38
(a) Money; 39
(b) Delivery of other valuable property; 40
(c) Services; 41
(d) The use of property; or 42
(e) Credit extended by any licensed gaming establishment, 43
drawn upon any real or fictitious person, bank, firm, partnership, 44
corporation or depositary, when the person has insufficient money, 45
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property or credit with the drawee of the instrument to pay it in full 1
upon its presentation, is guilty of a misdemeanor. If that instrument, 2
or a series of instruments passed in the State during a period of 90 3
days, is in the amount of [$1,200] $650 or more, the person is guilty 4
of a category D felony and shall be punished as provided in NRS 5
193.130. In addition to any other penalty, the court shall order the 6
person to pay restitution. 7
2. A person who was previously convicted three times of a 8
misdemeanor under the provisions of this section, or of an offense 9
of a similar nature, in this State or any other state, or in a federal 10
jurisdiction, who violates this section is guilty of a category D 11
felony and shall be punished as provided in NRS 193.130. In 12
addition to any other penalty, the court shall order the person to pay 13
restitution. 14
3. A person who willfully issues any check or draft for the 15
payment of wages in excess of [$1,200,] $650, when the person 16
knows he or she has insufficient money or credit with the drawee of 17
the instrument to pay the instrument in full upon presentation is 18
guilty of a gross misdemeanor. 19
4. For the purposes of this section, “credit” means an 20
arrangement or understanding with a person, firm, corporation, bank 21
or depositary for the payment of a check or other instrument. 22
Sec. 5. NRS 205.134 is hereby amended to read as follows: 23
205.134 1. A notice in boldface type which is clearly legible 24
and is in substantially the following form must be posted in a 25
conspicuous place in every principal and branch office of every 26
bank and in every place of business in which retail selling is 27
conducted: 28
29
The issuance of a check or draft without sufficient money 30
or with intent to defraud is punishable by imprisonment in the 31
county jail for not more than 6 months, or by a fine of not 32
more than $1,000, or by both fine and imprisonment, and the 33
issuance of such a check or draft in an amount of [$1,200] 34
$650 or more or by a person who previously has been 35
convicted three times of this or a similar offense is punishable 36
as a category D felony as provided in NRS 193.130. 37
38
2. Failure of the owner, operator or manager of a bank or other 39
place of business to post the sign required by this section is not a 40
defense to charge of a violation of NRS 205.130. 41
Sec. 6. NRS 205.220 is hereby amended to read as follows: 42
205.220 Except as otherwise provided in NRS 205.226 and 43
205.228, a person commits grand larceny if the person: 44
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1. Intentionally steals, takes and carries away, leads away or 1
drives away: 2
(a) Personal goods or property, with a value of [$1,200] $650 or 3
more, owned by another person; 4
(b) Bedding, furniture or other property, with a value of 5
[$1,200] $650 or more, which the person, as a lodger, is to use in or 6
with his or her lodging and which is owned by another person; or 7
(c) Real property, with a value of [$1,200] $650 or more, that 8
the person has converted into personal property by severing it from 9
real property owned by another person. 10
2. Uses a card or other device for automatically withdrawing or 11
transferring money in a financial institution to obtain intentionally 12
money to which the person knows he or she is not entitled. 13
3. Intentionally steals, takes and carries away, leads away, 14
drives away or entices away: 15
(a) One or more head of livestock owned by another person; or 16
(b) One or more domesticated animals or domesticated birds, 17
with an aggregate value of [$1,200] $650 or more, owned by 18
another person. 19
4. With the intent to defraud, steal, appropriate or prevent 20
identification: 21
(a) Marks or brands, causes to be marked or branded, alters or 22
defaces a mark or brand, or causes to be altered or defaced a mark or 23
brand upon one or more head of livestock owned by another person; 24
(b) Sells or purchases the hide or carcass of one or more head of 25
livestock owned by another person that has had a mark or brand cut 26
out or obliterated; 27
(c) Kills one or more head of livestock owned by another person 28
but running at large, whether or not the livestock is marked or 29
branded; or 30
(d) Kills one or more domesticated animals or domesticated 31
birds, with an aggregate value of [$1,200] $650 or more, owned by 32
another person but running at large, whether or not the animals or 33
birds are marked or branded. 34
Sec. 7. NRS 205.222 is hereby amended to read as follows: 35
205.222 1. Unless a greater penalty is imposed by a specific 36
statute, a person who commits grand larceny in violation of NRS 37
205.220 shall be punished pursuant to the provisions of this section. 38
2. If the value of the property involved in the grand larceny: 39
(a) Is less than [$5,000,] $3,000, the person who committed the 40
grand larceny is guilty of a category D felony and shall be punished 41
as provided in NRS 193.130. 42
(b) Is [$5,000] $3,000 or more but less than [$25,000,] $10,000, 43
the person who committed the grand larceny is guilty of a category 44
C felony and shall be punished as provided in NRS 193.130. 45
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(c) Is [$25,000] $10,000 or more but less than $100,000, the 1
person who committed the grand larceny is guilty of a category B 2
felony and shall be punished by imprisonment in the state prison for 3
a minimum term of not less than 1 year and a maximum term of not 4
more than 10 years, and by a fine of not more than $10,000. 5
(d) Is $100,000 or more, the person who committed the grand 6
larceny is guilty of a category B felony and shall be punished by 7
imprisonment in the state prison for a minimum term of not less 8
than [1 year] 2 years and a maximum term of not more than 20 9
years, and by a fine of not more than $15,000. 10
3. In addition to any other penalty, the court shall order the 11
person who committed the grand larceny to pay restitution. 12
4. If the grand larceny involved a sale in violation of 13
subsection 3 or 4 of NRS 205.220, all proceeds from the sale are 14
subject to forfeiture. 15
Sec. 8. NRS 205.240 is hereby amended to read as follows: 16
205.240 1. Except as otherwise provided in NRS 205.220, 17
205.226, 205.228, 475.105 and 501.3765, a person commits petit 18
larceny if the person: 19
(a) Intentionally steals, takes and carries away, leads away or 20
drives away: 21
(1) Personal goods or property, with a value of less than 22
[$1,200,] $650, owned by another person; 23
(2) Bedding, furniture or other property, with a value of less 24
than [$1,200,] $650, which the person, as a lodger, is to use in or 25
with his or her lodging and which is owned by another person; or 26
(3) Real property, with a value of less than [$1,200,] $650, 27
that the person has converted into personal property by severing it 28
from real property owned by another person. 29
(b) Intentionally steals, takes and carries away, leads away, 30
drives away or entices away one or more domesticated animals or 31
domesticated birds, with an aggregate value of less than [$1,200,] 32
$650, owned by another person. 33
2. Unless a greater penalty is provided pursuant to NRS 34
205.267, a person who commits petit larceny is guilty of a 35
misdemeanor. In addition to any other penalty, the court shall order 36
the person to pay restitution. 37
Sec. 9. NRS 205.267 is hereby amended to read as follows: 38
205.267 1. A person who intentionally steals, takes and 39
carries away scrap metal or utility property with a value of less than 40
[$1,200] $650 within a period of 90 days is guilty of a 41
misdemeanor. 42
2. A person who intentionally steals, takes and carries away 43
scrap metal or utility property with a value of [$1,200] $650 or more 44
within a period of 90 days is guilty of: 45
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(a) If the value of the scrap metal or utility property taken is 1
[$1,200] $650 or more but less than [$5,000,] $3,000, a category D 2
felony and shall be punished as provided in NRS 193.130. 3
(b) If the value of the scrap metal or utility property taken is 4
[$5,000] $3,000 or more but less than [$25,000,] $10,000, a 5
category C felony and shall be punished as provided in 6
NRS 193.130. 7
(c) If the value of the scrap metal or utility property taken is 8
[$25,000] $10,000 or more but less than $100,000, a category B 9
felony and shall be punished by imprisonment in the state prison for 10
a minimum term of not less than 1 year and a maximum term of not 11
more than 10 years, and by a fine of not more than $10,000. 12
(d) If the value of the scrap metal or utility property taken is 13
$100,000 or more, a category B felony and shall be punished by 14
imprisonment in the state prison for a minimum term of not less 15
than [1 year] 2 years and a maximum term of not more than 20 16
years, and by a fine of not more than $15,000. 17
3. In addition to any other penalty, the court shall order a 18
person who violates the provisions of subsection 1 or 2 to pay 19
restitution and: 20
(a) For a first offense, to perform 100 hours of community 21
service. 22
(b) For a second offense, to perform 200 hours of community 23
service. 24
(c) For a third or subsequent offense, to perform up to 300 hours 25
of community service for up to 1 year, as determined by the court. 26
4. In determining the value of the scrap metal or utility 27
property taken, the cost of repairing and, if necessary, replacing any 28
property damaged by the theft of the scrap metal or utility property 29
must be added to the value of the property. 30
5. As used in this section: 31
(a) “Scrap metal” has the meaning ascribed to it in 32
NRS 647.017. 33
(b) “Utility property” has the meaning ascribed to it in 34
NRS 202.582. 35
Sec. 10. NRS 205.275 is hereby amended to read as follows: 36
205.275 1. Except as otherwise provided in NRS 205.08345 37
and 501.3765, a person commits an offense involving stolen 38
property if the person, for his or her own gain or to prevent the 39
owner from again possessing the owner’s property, buys, receives, 40
possesses or withholds property: 41
(a) Knowing that it is stolen property; or 42
(b) Under such circumstances as should have caused a 43
reasonable person to know that it is stolen property. 44
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2. A person who commits an offense involving stolen property 1
in violation of subsection 1: 2
(a) If the value of the property is less than [$1,200,] $650, is 3
guilty of a misdemeanor; 4
(b) If the value of the property is [$1,200] $650 or more but less 5
than [$5,000,] $3,000, is guilty of a category D felony and shall be 6
punished as provided in NRS 193.130; 7
(c) If the value of the property is [$5,000] $3,000 or more but 8
less than [$25,000,] $10,000, is guilty of a category C felony and 9
shall be punished as provided in NRS 193.130; 10
(d) If the value of the property is [$25,000] $10,000 or more but 11
less than $100,000 or if the property is a firearm, is guilty of a 12
category B felony and shall be punished by imprisonment in the 13
state prison for a minimum term of not less than 1 year and a 14
maximum term of not more than 10 years, and by a fine of not more 15
than $10,000; or 16
(e) If the value of the property is $100,000 or more, is guilty of a 17
category B felony and shall be punished by imprisonment in the 18
state prison for a minimum term of not less than [1 year] 2 years and 19
a maximum term of not more than 20 years, and by a fine of not 20
more than $15,000. 21
3. In addition to any other penalty, the court shall order the 22
person to pay restitution. 23
4. A person may be prosecuted and convicted pursuant to this 24
section whether or not the principal is or has been prosecuted or 25
convicted. 26
5. Possession by any person of three or more items of the same 27
or a similar class or type of personal property on which a 28
permanently affixed manufacturer’s serial number or manufacturer’s 29
identification number has been removed, altered or defaced, is prima 30
facie evidence that the person has violated this section. 31
6. For the purposes of this section, the value of the property 32
involved shall be deemed to be the highest value attributable to the 33
property by any reasonable standard. 34
7. As used in this section, “stolen property” means property 35
that has been taken from its owner by larceny, robbery, burglary, 36
embezzlement, theft or any other offense that is a crime against 37
property, whether or not the person who committed the taking is or 38
has been prosecuted or convicted for the offense. 39
Sec. 11. NRS 205.365 is hereby amended to read as follows: 40
205.365 A person, after once selling, bartering or disposing of 41
any tract of land, town lot, or executing any bond or agreement for 42
the sale of any land or town lot, who again, knowingly and 43
fraudulently, sells, barters or disposes of the same tract of land or 44
lot, or any part thereof, or knowingly and fraudulently executes any 45
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bond or agreement to sell, barter or dispose of the same land or lot, 1
or any part thereof, to any other person, for a valuable consideration, 2
shall be punished: 3
1. Where the value of the property involved is [$1,200] $650 or 4
more, for a category D felony as provided in NRS 193.130. In 5
addition to any other penalty, the court shall order the person to pay 6
restitution. 7
2. Where the value of the property is less than [$1,200,] $650, 8
for a misdemeanor. 9
Sec. 12. NRS 205.370 is hereby amended to read as follows: 10
205.370 1. A person who, by false representations of his or 11
her own wealth, or mercantile correspondence and connections, 12
obtains a credit thereby and defrauds any person of money, goods, 13
chattels or any valuable thing, or if a person causes or procures 14
another to report falsely of his or her wealth or mercantile character, 15
and by thus imposing upon any person obtains credit and thereby 16
fraudulently gets into the possession of goods, wares or 17
merchandise, or other valuable thing, is a swindler, and must be 18
sentenced to return the property fraudulently obtained, if it can be 19
done, or to pay restitution and shall be punished: 20
(a) Where the amount of money or the value of the chattels, 21
goods, wares or merchandise, or other valuable thing so obtained is 22
[$1,200] $650 or more, for a category D felony as provided in 23
NRS 193.130. 24
(b) Otherwise, for a misdemeanor. 25
2. In any prosecution for a violation of this section, the State is 26
not required to establish that all of the acts constituting the crime 27
occurred in this State or within a single city, county or local 28
jurisdiction of this State, and it is no defense that not all of the acts 29
constituting the crime occurred in this State or within a single city, 30
county or local jurisdiction of this State. 31
Sec. 13. NRS 205.377 is hereby amended to read as follows: 32
205.377 1. A person shall not, in the course of an enterprise 33
or occupation, knowingly and with the intent to defraud, engage in 34
an act, practice or course of business or employ a device, scheme or 35
artifice which operates or would operate as a fraud or deceit upon a 36
person by means of a false representation or omission of a material 37
fact that: 38
(a) The person knows to be false or omitted; 39
(b) The person intends another to rely on; and 40
(c) Results in a loss to any person who relied on the false 41
representation or omission, 42
in at least two transactions that have the same or similar pattern, 43
intents, results, accomplices, victims or methods of commission, or 44
are otherwise interrelated by distinguishing characteristics and are 45
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not isolated incidents within 4 years and in which the aggregate loss 1
or intended loss is more than [$1,200.] $650. 2
2. Each act which violates subsection 1 constitutes a separate 3
offense. 4
3. A person who violates subsection 1 is guilty of a category B 5
felony and shall be punished by imprisonment in the state prison for 6
a minimum term of not less than 1 year and a maximum term of not 7
more than 20 years, and may be further punished by a fine of not 8
more than $10,000. 9
4. In addition to any other penalty, the court shall order a 10
person who violates subsection 1 to pay restitution. 11
5. A violation of this section constitutes a deceptive trade 12
practice for the purposes of NRS 598.0903 to 598.0999, inclusive. 13
6. The Attorney General may investigate and prosecute a 14
violation of this section and any other statute violated in the course 15
of committing a violation of this section. 16
7. As used in this section, “enterprise” has the meaning 17
ascribed to it in NRS 207.380. 18
Sec. 14. NRS 205.380 is hereby amended to read as follows: 19
205.380 1. A person who knowingly and designedly by any 20
false pretense obtains from any other person any chose in action, 21
money, goods, wares, chattels, effects or other valuable thing, 22
including rent or the labor of another person not his or her 23
employee, with the intent to cheat or defraud the other person, is a 24
cheat, and, unless otherwise prescribed by law, shall be punished: 25
(a) If the value of the thing or labor fraudulently obtained was 26
less than [$1,200,] $650, for a misdemeanor, and must be sentenced 27
to restore the property fraudulently obtained if it can be done, or 28
tender payment for rent or labor. 29
(b) If the value of the thing or labor fraudulently obtained was 30
[$1,200] $650 or more but less than [$5,000,] $3,000, for a category 31
D felony as provided in NRS 193.130. 32
(c) If the value of the thing or labor fraudulently obtained was 33
[$5,000] $3,000 or more but less than [$25,000,] $10,000, for a 34
category C felony as provided in NRS 193.130. 35
(d) If the value of the thing or labor fraudulently obtained was 36
[$25,000] $10,000 or more but less than $100,000, for a category B 37
felony by imprisonment in the state prison for a minimum term of 38
not less than 1 year and a maximum term of not more than 10 years, 39
and by a fine of not more than $10,000. 40
(e) If the value of the thing or labor fraudulently obtained was 41
$100,000 or more, for a category B felony by imprisonment in the 42
state prison for a minimum term of not less than [1 year] 2 years and 43
a maximum term of not more than 20 years, and by a fine of not 44
more than $15,000. 45
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2. In addition to any other penalty set forth in paragraph (b), 1
(c), (d) or (e) of subsection 1, the court shall order the person to pay 2
restitution. 3
3. For the purposes of this section, it is prima facie evidence of 4
an intent to defraud if the drawer of a check or other instrument 5
given in payment for: 6
(a) Property which can be returned in the same condition in 7
which it was originally received; 8
(b) Rent; or 9
(c) Labor performed in a workmanlike manner whenever a 10
written estimate was furnished before the labor was performed and 11
the actual cost of the labor does not exceed the estimate, 12
stops payment on that instrument and fails to return or offer to 13
return the property in that condition, or to specify in what way the 14
labor was deficient within 5 days after receiving notice from the 15
payee that the instrument has not been paid by the drawee. 16
4. The notice must be sent to the drawer by certified mail, 17
return receipt requested, at the address shown on the instrument. 18
The notice must include a statement of the penalties set forth in this 19
section. Return of the notice because of nondelivery to the drawer 20
raises a rebuttable presumption of the intent to defraud. 21
5. A notice in boldface type clearly legible and in substantially 22
the following form must be posted in a conspicuous place in every 23
principal and branch office of every bank and in every place of 24
business in which retail selling is conducted or labor is performed 25
for the public and must be furnished in written form by a landlord to 26
a tenant: 27
28
The stopping of payment on a check or other instrument 29
given in payment for property which can be returned in the 30
same condition in which it was originally received, rent or 31
labor which was completed in a workmanlike manner, and the 32
failure to return or offer to return the property in that 33
condition or to specify in what way the labor was deficient 34
within 5 days after receiving notice of nonpayment is 35
punishable: 36
1. If the value of the property, rent or labor fraudulently 37
obtained was less than [$1,200,] $650, as a misdemeanor by 38
imprisonment in the county jail for not more than 6 months, 39
or by a fine of not more than $1,000, or by both fine and 40
imprisonment. 41
2. If the value of the property, rent or labor fraudulently 42
obtained was [$1,200] $650 or more but less than [$5,000,] 43
$3,000, as a category D felony by imprisonment in the state 44
prison for a minimum term of not less than 1 year and a 45
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maximum term of not more than 4 years, or by a fine of not 1
more than $5,000, or by both fine and imprisonment. 2
3. If the value of the property, rent or labor fraudulently 3
obtained was [$5,000] $3,000 or more but less than 4
[$25,000,] $10,000, as a category C felony by imprisonment 5
in the state prison for a minimum term of not less than 1 year 6
and a maximum term of not more than 5 years, or by a fine of 7
not more than $10,000, or by both fine and imprisonment. 8
4. If the value of the property, rent or labor fraudulently 9
obtained was [$25,000] $10,000 or more but less than 10
$100,000, as a category B felony by imprisonment in the state 11
prison for a minimum term of not less than 1 year and a 12
maximum term of not more than 10 years, and by a fine of 13
not more than $10,000. 14
5. If the value of the property, rent or labor fraudulently 15
obtained was $100,000 or more, as a category B felony by 16
imprisonment in the state prison for a minimum term of not 17
less than [1 year] 2 years and a maximum term of not more 18
than 20 years, and by a fine of not more than $15,000. 19
Sec. 15. NRS 205.415 is hereby amended to read as follows: 20
205.415 A person who sells one or more tickets to any ball, 21
benefit or entertainment, or asks or receives any subscription or 22
promise thereof, for the benefit or pretended benefit of any person, 23
association or order, without being authorized thereto by the person, 24
association or order for whose benefit or pretended benefit it is 25
done, shall be punished: 26
1. Where the amount received from such sales, subscriptions or 27
promises totals [$1,200] $650 or more, for a category D felony as 28
provided in NRS 193.130. In addition to any other penalty, the court 29
shall order the person to pay restitution. 30
2. Otherwise, for a misdemeanor. 31
Sec. 16. NRS 205.445 is hereby amended to read as follows: 32
205.445 1. It is unlawful for a person: 33
(a) To obtain food, foodstuffs, lodging, merchandise or other 34
accommodations at any hotel, inn, trailer park, motor court, 35
boardinghouse, rooming house, lodging house, furnished apartment 36
house, furnished bungalow court, furnished automobile camp, eating 37
house, restaurant, grocery store, market or dairy, without paying 38
therefor, with the intent to defraud the proprietor or manager 39
thereof; 40
(b) To obtain credit at a hotel, inn, trailer park, motor court, 41
boardinghouse, rooming house, lodging house, furnished apartment 42
house, furnished bungalow court, furnished automobile camp, eating 43
house, restaurant, grocery store, market or dairy by the use of any 44
false pretense; or 45
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(c) After obtaining credit, food, lodging, merchandise or other 1
accommodations at a hotel, inn, trailer park, motor court, 2
boardinghouse, rooming house, lodging house, furnished apartment 3
house, furnished bungalow court, furnished automobile camp, eating 4
house, restaurant, grocery store, market or dairy, to abscond or 5
surreptitiously, or by force, menace or threats, to remove any part of 6
his or her baggage therefrom, without paying for the food or 7
accommodations. 8
2. A person who violates any of the provisions of subsection 1 9
shall be punished: 10
(a) Where the total value of the credit, food, foodstuffs, lodging, 11
merchandise or other accommodations received from any one 12
establishment is [$1,200] $650 or more, for a category D felony as 13
provided in NRS 193.130. In addition to any other penalty, the court 14
shall order the person to pay restitution. 15
(b) Otherwise, for a misdemeanor. 16
3. Proof that lodging, food, foodstuffs, merchandise or other 17
accommodations were obtained by false pretense, or by false or 18
fictitious show or pretense of any baggage or other property, or that 19
the person refused or willfully neglected to pay for the food, 20
foodstuffs, lodging, merchandise or other accommodations, or that 21
the person gave in payment for the food, foodstuffs, lodging, 22
merchandise or other accommodations negotiable paper on which 23
payment was refused, or that the person absconded without paying 24
or offering to pay for the food, foodstuffs, lodging, merchandise or 25
other accommodations, or that the person surreptitiously removed or 26
attempted to remove his or her baggage, is prima facie evidence of 27
the fraudulent intent mentioned in this section. 28
4. This section does not apply where there has been an 29
agreement in writing for delay in payment for a period to exceed 10 30
days. 31
Sec. 17. NRS 205.520 is hereby amended to read as follows: 32
205.520 A bailee, or any officer, agent or servant of a bailee, 33
who issues or aids in issuing a document of title, knowing that the 34
goods covered by the document of title have not been received by 35
him or her, or are not under his or her control at the time the 36
document is issued, shall be punished: 37
1. Where the value of the goods purported to be covered by the 38
document of title is [$1,200] $650 or more, for a category D felony 39
as provided in NRS 193.130. In addition to any other penalty, the 40
court shall order the person to pay restitution. 41
2. Where the value is less than [$1,200,] $650, for a 42
misdemeanor. 43
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Sec. 18. NRS 205.540 is hereby amended to read as follows: 1
205.540 Except as otherwise provided in chapters 104 to 104C, 2
inclusive, of NRS, a bailee, or any officer, agent or servant of a 3
bailee, who issues or aids in issuing a duplicate or additional 4
negotiable document of title, knowing that a former negotiable 5
document for the same goods or any part of them is outstanding and 6
uncancelled, shall be punished: 7
1. Where the value of the goods purported to be covered by the 8
document of title is [$1,200] $650 or more, for a category D felony 9
as provided in NRS 193.130. In addition to any other penalty, the 10
court shall order the person to pay restitution. 11
2. Where the value is less than [$1,200,] $650, for a 12
misdemeanor. 13
Sec. 19. NRS 205.570 is hereby amended to read as follows: 14
205.570 A person who, with the intent to defraud, obtains a 15
negotiable document of title for goods to which the person does not 16
have title, or which are subject to a security interest, and negotiates 17
the document for value, without disclosing the want of title or the 18
existence of the security interest, shall be punished: 19
1. Where the value of the goods purported to be covered by the 20
document of title is [$1,200] $650 or more, for a category D felony 21
as provided in NRS 193.130. In addition to any other penalty, the 22
court shall order the person to pay restitution. 23
2. Where the value is less than [$1,200,] $650, for a 24
misdemeanor. 25
Sec. 20. NRS 205.580 is hereby amended to read as follows: 26
205.580 A person who, with the intent to defraud, secures the 27
issue by a bailee of a negotiable document of title, knowing at the 28
time of issue that any or all of the goods are not in possession of 29
the bailee, by inducing the bailee to believe that the goods are in the 30
bailee’s possession, shall be punished: 31
1. Where the value of the goods purported to be covered by the 32
document of title is [$1,200] $650 or more, for a category D felony 33
as provided in NRS 193.130. In addition to any other penalty, the 34
court shall order the person to pay restitution. 35
2. Where the value is less than [$1,200,] $650, for a 36
misdemeanor. 37
Sec. 21. NRS 205.590 is hereby amended to read as follows: 38
205.590 A person who, with the intent to defraud, negotiates or 39
transfers for value a document of title, which by the terms thereof 40
represents that goods are in possession of the bailee who issued the 41
document, knowing that the bailee is not in possession of the goods 42
or any part thereof, without disclosing this fact, shall be punished: 43
1. Where the value of the goods purported to be covered by the 44
document of title is [$1,200] $650 or more, for a category D felony 45
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as provided in NRS 193.130. In addition to any other penalty, the 1
court shall order the person to pay restitution. 2
2. Where the value is less than [$1,200,] $650, for a 3
misdemeanor. 4
Sec. 22. NRS 205.950 is hereby amended to read as follows: 5
205.950 1. It is unlawful for a person to receive an advance 6
fee, salary, deposit or money to obtain a loan for another unless the 7
person places the advance fee, salary, deposit or money in escrow 8
pending completion of the loan or a commitment for the loan. 9
2. Advance payments to cover reasonably estimated costs paid 10
to third persons are excluded from the provisions of subsection 1 if 11
the person making them first signs a written agreement which 12
specifies the estimated costs by item and the estimated aggregate 13
cost, and which recites that money advanced for costs will not be 14
refunded. If an itemized service is not performed and the estimated 15
cost thereof is not refunded, the recipient of the advance payment is 16
subject to the penalties provided in subsection 3. 17
3. A person who violates the provisions of this section: 18
(a) Is guilty of a misdemeanor if the amount is less than 19
[$1,200;] $650; or 20
(b) Is guilty of a category D felony if the amount is [$1,200] 21
$650 or more and shall be punished as provided in NRS 193.130. 22
Sec. 23. Chapter 207 of NRS is hereby amended by adding 23
thereto a new section to read as follows: 24
1. A person who: 25
(a) Has been convicted in this State of any theft offense 26
punishable as a misdemeanor committed on or after October 1, 27
2025; and 28
(b) Has previously been two times convicted, whether in this 29
State or elsewhere, of any theft offense punishable as a 30
misdemeanor committed before, on or after October 1, 2025, 31
is a habitual theft offender and shall be punished for a category 32
B felony by imprisonment in the state prison for a minimum term 33
of not less than 1 year and a maximum term of not 34
more than 10 years. 35
2. The prosecuting attorney shall include a count under this 36
section in any information or shall file a notice of habitual theft 37
offender if an indictment is found, if the prior convictions and the 38
alleged theft offenses committed by the accused are 39
misdemeanors. 40
3. As used in this section, “theft offense” means: 41
(a) Theft in violation of any provision of NRS 205.0821 to 42
205.0835, inclusive, if the value of the property or services 43
involved in the theft is less than $650; 44
(b) Petit larceny pursuant to NRS 205.240; 45
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(c) An offense involving stolen property pursuant to NRS 1
205.275, if the value of the property is less than $650; 2
(d) Any other offense involving theft or stolen property which 3
is punishable as a misdemeanor; or 4
(e) A violation of the law of any other jurisdiction that 5
prohibits the same or similar conduct as set forth in paragraphs 6
(a) to (d), inclusive. 7
Sec. 24. NRS 207.012 is hereby amended to read as follows: 8
207.012 1. A person who: 9
(a) Has been convicted in this State of a felony listed in 10
subsection 2; and 11
(b) Before the commission of that felony, was twice convicted 12
of any crime which under the laws of the situs of the crime or of this 13
State would be a felony listed in subsection 2, whether the prior 14
convictions occurred in this State or elsewhere, 15
is a habitual felon and shall be punished for a category A felony 16
by imprisonment in the state prison: 17
(1) For life without the possibility of parole; 18
(2) For life with the possibility of parole, with eligibility for 19
parole beginning when a minimum of 10 years has been served; or 20
(3) For a definite term of 25 years, with eligibility for parole 21
beginning when a minimum of 10 years has been served. 22
2. The district attorney shall include a count under this section 23
in any information or shall file a notice of habitual felon if an 24
indictment is found, if each prior conviction and the alleged offense 25
committed by the accused constitutes a violation of subparagraph 26
(1) of paragraph (a) of subsection 1 of NRS 193.153, NRS 199.160, 27
199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, 28
subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of 29
NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 30
200.4631, 200.464, 200.465, 200.467, 200.468, subsection 1, 31
paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) 32
of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 33
201.450, 202.170, subsection 2 of NRS 202.780, paragraph (b) of 34
subsection 2 of NRS 202.820, paragraph (b) of subsection 1 or 35
subsection 2 of NRS 202.830, NRS 205.010, subsection [5] 6 of 36
NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 37
207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 38
453.3325, 453.333, 484C.130, 484C.430 or 484E.010. 39
3. The trial judge may not dismiss a count under this section 40
that is included in an indictment or information. 41
Sec. 25. NRS 207.016 is hereby amended to read as follows: 42
207.016 1. A conviction pursuant to NRS 207.010, 207.012 43
or 207.014 or section 23 of this act operates only to increase, not to 44
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reduce, the sentence otherwise provided by law for the principal 1
crime. 2
2. If a count pursuant to NRS 207.010, 207.012 or 207.014 or 3
section 23 of this act is included in an information charging the 4
primary offense, each previous conviction must be alleged in the 5
accusatory pleading, but no such conviction may be alluded to on 6
trial of the primary offense, nor may any allegation of the conviction 7
be read in the presence of a jury trying the offense or a grand jury 8
considering an indictment for the offense. A count pursuant to NRS 9
207.010, 207.012 or 207.014 or section 23 of this act may be filed 10
separately from the indictment or information charging the primary 11
offense, but if it is so filed, the count pursuant to NRS 207.010, 12
207.012 or 207.014 or section 23 of this act must be filed not less 13
than 2 days before the start of the trial on the primary offense, 14
unless an agreement of the parties provides otherwise or the court 15
for good cause shown makes an order extending the time. For good 16
cause shown, the prosecution may supplement or amend a count 17
pursuant to NRS 207.010, 207.012 or 207.014 or section 23 of this 18
act at any time before the sentence is imposed, but if such a 19
supplement or amendment is filed, the sentence must not be 20
imposed, or the hearing required by subsection 3 held, until 15 days 21
after the separate filing. 22
3. If a defendant charged pursuant to NRS 207.010, 207.012 or 23
207.014 or section 23 of this act pleads guilty or guilty but mentally 24
ill to, or is found guilty or guilty but mentally ill of, the primary 25
offense but denies any previous conviction charged, the court shall 26
determine the issue of the previous conviction after hearing all 27
relevant evidence presented on the issue by the prosecution and the 28
defendant. At such a hearing, the defendant may not challenge the 29
validity of a previous conviction. The court shall impose sentence: 30
(a) Pursuant to NRS 207.010 upon finding that the defendant 31
has suffered previous convictions sufficient to support an 32
adjudication of habitual criminality; 33
(b) Pursuant to NRS 207.012 upon finding that the defendant 34
has suffered previous convictions sufficient to support an 35
adjudication of habitual felon; [or] 36
(c) Pursuant to NRS 207.014 upon finding that the defendant 37
has suffered previous convictions sufficient to support an 38
adjudication of habitually fraudulent felon [.] ; or 39
(d) Pursuant to section 23 of this act upon finding that the 40
defendant has suffered previous convictions sufficient to support 41
an adjudication of habitual theft offender. 42
4. Nothing in the provisions of this section, NRS 207.010, 43
207.012 or 207.014 or section 23 of this act limits the prosecution 44
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in introducing evidence of prior convictions for purposes of 1
impeachment. 2
5. For the purposes of NRS 207.010, 207.012 and 207.014, a 3
certified copy of a felony conviction is prima facie evidence of 4
conviction of a prior felony. 5
6. For the purposes of section 23 of this act, a certified copy 6
of a misdemeanor conviction is prima facie evidence of conviction 7
of a prior misdemeanor. 8
[6.] 7. Nothing in the provisions of this section, NRS 207.010, 9
207.012 or 207.014 or section 23 of this act prohibits a court from 10
imposing an adjudication of habitual criminality, adjudication of 11
habitual felon , [or] adjudication of habitually fraudulent felon or 12
adjudication of habitual theft offender based upon an agreement of 13
the parties. 14
Sec. 26. NRS 173.095 is hereby amended to read as follows: 15
173.095 1. The court may permit an indictment or 16
information to be amended at any time before verdict or finding if 17
no additional or different offense is charged and if substantial rights 18
of the defendant are not prejudiced. 19
2. If an indictment is found charging a primary offense upon 20
which a charge of habitual criminality may be based, the 21
prosecuting attorney may file a notice of habitual criminality with 22
the court. If an indictment is found charging a primary offense upon 23
which a charge of: 24
(a) Habitually fraudulent felon may be based, the prosecuting 25
attorney shall file a notice of habitually fraudulent felon with the 26
court. 27
(b) Habitual felon may be based, the prosecuting attorney shall 28
file a notice of habitual felon with the court. 29
(c) Habitual theft offender may be based, the prosecuting 30
attorney shall file a notice of habitual theft offender with the 31
court. 32
3. The court shall permit an information to be amended 33
pursuant to subsection 4 of NRS 173.035. 34
Sec. 27. NRS 176A.100 is hereby amended to read as follows: 35
176A.100 1. Except as otherwise provided in this section and 36
NRS 176A.110 and 176A.120, if a person is found guilty in a 37
district court upon verdict or plea of: 38
(a) Murder of the first or second degree, kidnapping in the first 39
degree, sexual assault, attempted sexual assault of a child who is 40
less than 16 years of age, lewdness with a child pursuant to NRS 41
201.230, an offense for which the suspension of sentence or the 42
granting of probation is expressly forbidden, or if the person is 43
found to be a habitual criminal pursuant to NRS 207.010, a 44
habitually fraudulent felon pursuant to NRS 207.014 , [or] a habitual 45
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felon pursuant to NRS 207.012 [,] or a habitual theft offender 1
pursuant to section 23 of this act, the court shall not suspend the 2
execution of the sentence imposed or grant probation to the person. 3
(b) A category E felony, except as otherwise provided in this 4
paragraph, the court shall suspend the execution of the sentence 5
imposed and grant probation to the person. The court may, as it 6
deems advisable, decide not to suspend the execution of the 7
sentence imposed and grant probation to the person if, at the time of 8
sentencing, it is established that the person had previously been two 9
times convicted, whether in this State or elsewhere, of a crime that 10
under the laws of the situs of the crime or of this State would 11
amount to a felony. If the person denies the existence of a previous 12
conviction, the court shall determine the issue of the previous 13
conviction after hearing all relevant evidence presented on the issue 14
by the prosecution and the person. At such a hearing, the person 15
may not challenge the validity of a previous conviction. For the 16
purposes of this paragraph, a certified copy of a felony conviction is 17
prima facie evidence of conviction of a prior felony. 18
(c) Another felony, a gross misdemeanor or a misdemeanor, the 19
court may suspend the execution of the sentence imposed and grant 20
probation as the court deems advisable. 21
2. In determining whether to grant probation to a person, the 22
court shall not consider whether the person has the financial ability 23
to participate in a program of probation secured by a surety bond 24
established pursuant to NRS 176A.300 to 176A.370, inclusive. 25
3. If the court determines that a person is otherwise eligible for 26
probation but requires more supervision than would normally be 27
provided to a person granted probation, the court may, in lieu of 28
sentencing the person to a term of imprisonment, grant probation 29
pursuant to the Program of Enhanced Supervision established 30
pursuant to NRS 176A.440. 31
4. Except as otherwise provided in this subsection, if a person 32
is convicted of a felony and the Division is required to make a 33
presentence investigation and report to the court pursuant to NRS 34
176.135, the court shall not grant probation to the person until the 35
court receives the report of the presentence investigation from the 36
Chief Parole and Probation Officer. The Chief Parole and Probation 37
Officer shall submit the report of the presentence investigation to 38
the court not later than 45 days after receiving a request for a 39
presentence investigation from the county clerk. If the report of the 40
presentence investigation is not submitted by the Chief Parole and 41
Probation Officer within 45 days, the court may grant probation 42
without the report. 43
5. If the court determines that a person is otherwise eligible for 44
probation, the court shall, when determining the conditions of that 45
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probation, consider the imposition of such conditions as would 1
facilitate timely payments by the person of an obligation, if any, for 2
the support of a child and the payment of any such obligation which 3
is in arrears. 4
Sec. 28. NRS 475.105 is hereby amended to read as follows: 5
475.105 A person who steals a device intended for use in 6
preventing, controlling, extinguishing or giving warning of a fire: 7
1. If the device has a value of less than [$1,200,] $650, is guilty 8
of a misdemeanor. 9
2. If the device has a value of [$1,200] $650 or more, is guilty 10
of a category D felony and shall be punished as provided in 11
NRS 193.130. 12
Sec. 29. NRS 501.3765 is hereby amended to read as follows: 13
501.3765 1. Any person who intentionally steals, takes and 14
carries away one or more traps, snares or similar devices owned by 15
another person with an aggregate value of less than [$1,200] $650 is 16
guilty of a gross misdemeanor. 17
2. Any person who buys, receives, possesses or withholds one 18
or more traps, snares or similar devices owned by another person 19
with an aggregate value of less than [$1,200:] $650: 20
(a) Knowing that the traps, snares or similar devices are stolen 21
property; or 22
(b) Under such circumstances as should have caused a 23
reasonable person to know that the traps, snares or similar devices 24
are stolen property, 25
is guilty of a gross misdemeanor. 26
Sec. 30. NRS 598.0999 is hereby amended to read as follows: 27
598.0999 1. Except as otherwise provided in NRS 598.0974, 28
a person who violates a court order or injunction issued pursuant to 29
the provisions of NRS 598.0903 to 598.0999, inclusive, upon a 30
complaint brought by the Commissioner, the Director, the district 31
attorney of any county of this State or the Attorney General shall 32
forfeit and pay to the State General Fund a civil penalty of not more 33
than $10,000 for each violation. For the purpose of this section, the 34
court issuing the order or injunction retains jurisdiction over the 35
action or proceeding. Such civil penalties are in addition to any 36
other penalty or remedy available for the enforcement of the 37
provisions of NRS 598.0903 to 598.0999, inclusive. 38
2. Except as otherwise provided in NRS 598.0974, in any 39
action brought pursuant to the provisions of NRS 598.0903 to 40
598.0999, inclusive, if the court finds that a person has willfully 41
engaged in a deceptive trade practice, the Commissioner, the 42
Director, the district attorney of any county in this State or the 43
Attorney General bringing the action may recover a civil penalty not 44
to exceed $15,000 for each violation. The court in any such action 45
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may, in addition to any other relief or reimbursement, award 1
reasonable attorney’s fees and costs. 2
3. A natural person, firm, or any officer or managing agent of 3
any corporation or association who knowingly and willfully engages 4
in a deceptive trade practice: 5
(a) For an offense involving a loss of property or services valued 6
at [$1,200] $650 or more but less than [$5,000,] $3,000, is guilty of 7
a category D felony and shall be punished as provided in 8
NRS 193.130. 9
(b) For an offense involving a loss of property or services 10
valued at [$5,000] $3,000 or more but less than [$25,000,] $10,000, 11
is guilty of a category C felony and shall be punished as provided in 12
NRS 193.130. 13
(c) For an offense involving a loss of property or services valued 14
at [$25,000] $10,000 or more but less than $100,000, is guilty of a 15
category B felony and shall be punished by imprisonment in the 16
state prison for a minimum term of not less than 1 year and a 17
maximum term of not more than 10 years, and by a fine of not more 18
than $10,000. 19
(d) For an offense involving a loss of property or services 20
valued at $100,000 or more, is guilty of a category B felony and 21
shall be punished by imprisonment in the state prison for a 22
minimum term of not less than [1 year] 2 years and a maximum 23
term of not more than 20 years, and by a fine of not more than 24
$15,000. 25
(e) For any offense other than an offense described in 26
paragraphs (a) to (d), inclusive, is guilty of a misdemeanor. 27
The court may require the natural person, firm, or officer or 28
managing agent of the corporation or association to pay to the 29
aggrieved party damages on all profits derived from the knowing 30
and willful engagement in a deceptive trade practice and treble 31
damages on all damages suffered by reason of the deceptive trade 32
practice. 33
4. If a person violates any provision of NRS 598.0903 to 34
598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 to 35
598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 36
to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to 37
comply with a judgment or order of any court in this State 38
concerning a violation of such a provision, or fails to comply with 39
an assurance of discontinuance or other agreement concerning an 40
alleged violation of such a provision, the Commissioner or the 41
district attorney of any county may bring an action in the name of 42
the State of Nevada seeking: 43
(a) The suspension of the person’s privilege to conduct business 44
within this State; or 45
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(b) If the defendant is a corporation, dissolution of the 1
corporation. 2
The court may grant or deny the relief sought or may order other 3
appropriate relief. 4
5. If a person violates any provision of NRS 228.500 to 5
228.640, inclusive, fails to comply with a judgment or order of any 6
court in this State concerning a violation of such a provision, or fails 7
to comply with an assurance of discontinuance or other agreement 8
concerning an alleged violation of such a provision, the Attorney 9
General may bring an action in the name of the State of Nevada 10
seeking: 11
(a) The suspension of the person’s privilege to conduct business 12
within this State; or 13
(b) If the defendant is a corporation, dissolution of the 14
corporation. 15
The court may grant or deny the relief sought or may order other 16
appropriate relief. 17
6. In an action brought by the Commissioner or the Attorney 18
General pursuant to subsection 4 or 5, process may be served by an 19
employee of the Consumer Affairs Unit of the Department of 20
Business and Industry or an employee of the Attorney General. 21
7. As used in this section: 22
(a) “Property” has the meaning ascribed to it in NRS 193.0225. 23
(b) “Services” has the meaning ascribed to it in NRS 205.0829. 24
(c) “Value” means the fair market value of the property or 25
services at the time the deceptive trade practice occurred. The value 26
of a written instrument which does not have a readily ascertainable 27
market value is the greater of the face amount of the instrument less 28
the portion satisfied or the amount of economic loss to the owner of 29
the instrument resulting from the deprivation of the instrument. The 30
trier of fact shall determine the value of all other property whose 31
value is not readily ascertainable, and may, in making that 32
determination, consider all relevant evidence, including evidence of 33
the value of the property to its owner. 34
Sec. 31. NRS 612.445 is hereby amended to read as follows: 35
612.445 1. A person shall not make a false statement or 36
representation, knowing it to be false, or knowingly fail to disclose a 37
material fact in order to obtain or increase any benefit or other 38
payment under this chapter, including, without limitation, by: 39
(a) Failing to properly report earnings; 40
(b) Filing a claim for benefits using the social security number, 41
name or other personal identifying information of another person; or 42
(c) Filing a claim for or receiving benefits and failing to 43
disclose, at the time he or she files the claim or receives the benefits, 44
any compensation for a temporary total disability or a temporary 45
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partial disability or money for rehabilitative services pursuant to 1
chapters 616A to 616D, inclusive, or 617 of NRS received by the 2
person or for which a claim has been submitted pursuant to those 3
chapters. 4
A person who violates the provisions of this subsection commits 5
unemployment insurance fraud. 6
2. When the Administrator finds that a person has committed 7
unemployment insurance fraud pursuant to subsection 1, the person 8
shall repay to the Administrator for deposit in the Fund a sum equal 9
to all of the benefits received by or paid to the person for each week 10
with respect to which the false statement or representation was made 11
or to which the person failed to disclose a material fact in addition to 12
any interest, penalties and costs related to that sum. Except as 13
otherwise provided in subsection 3 of NRS 612.480, the 14
Administrator may make an initial determination finding that a 15
person has committed unemployment insurance fraud pursuant to 16
subsection 1 at any time within 4 years after the first day of the 17
benefit year in which the person committed the unemployment 18
insurance fraud. 19
3. Except as otherwise provided in this subsection and 20
subsection 8, the person is disqualified from receiving 21
unemployment compensation benefits under this chapter: 22
(a) For a period beginning with the week in which the 23
Administrator issues a finding that the person has committed 24
unemployment insurance fraud pursuant to subsection 1 and ending 25
not more than 52 consecutive weeks after the week in which it is 26
determined that a claim was filed in violation of subsection 1; or 27
(b) Until the sum described in subsection 2, in addition to any 28
interest, penalties or costs related to that sum, is repaid to the 29
Administrator, 30
whichever is longer. The Administrator shall fix the period of 31
disqualification according to the circumstances in each case. 32
4. It is a violation of subsection 1 for a person to file a claim, 33
or to cause or allow a claim to be filed on his or her behalf, if: 34
(a) The person is incarcerated in the state prison or any county 35
or city jail or detention facility or other correctional facility in this 36
State; and 37
(b) The claim does not expressly disclose his or her 38
incarceration. 39
5. A person who obtains benefits of [$1,200] $650 or more in 40
violation of subsection 1 shall be punished in the same manner as 41
theft pursuant to subsection 2 of NRS 205.0835. 42
6. In addition to the repayment of benefits required pursuant to 43
subsection 2, the Administrator: 44
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(a) Shall impose a penalty equal to 15 percent of the total 1
amount of benefits received by the person in violation of subsection 2
1. Money recovered by the Administrator pursuant to this paragraph 3
must be deposited in the Unemployment Trust Fund in accordance 4
with the provisions of NRS 612.590. 5
(b) May impose a penalty equal to not more than: 6
(1) If the amount of such benefits is greater than $25 but not 7
greater than $1,000, 5 percent; 8
(2) If the amount of such benefits is greater than $1,000 but 9
not greater than $2,500, 10 percent; or 10
(3) If the amount of such benefits is greater than $2,500, 35 11
percent, 12
of the total amount of benefits received by the person in violation 13
of subsection 1 or any other provision of this chapter. Money 14
recovered by the Administrator pursuant to this paragraph must be 15
deposited in the Employment Security Fund in accordance with the 16
provisions of NRS 612.615. 17
7. Except as otherwise provided in subsection 8, a person may 18
not pay benefits as required pursuant to subsection 2 by using 19
benefits which would otherwise be due and payable to the person if 20
he or she was not disqualified. 21
8. The Administrator may waive the period of disqualification 22
prescribed in subsection 3 for good cause shown or if the person 23
adheres to a repayment schedule authorized by the Administrator 24
that is designed to fully repay benefits received from an improper 25
claim, in addition to any related interest, penalties and costs, within 26
18 months. If the Administrator waives the period of 27
disqualification pursuant to this subsection, the person may repay 28
benefits as required pursuant to subsection 2 by using any benefits 29
which are due and payable to the person, except that benefits which 30
are due and payable to the person may not be used to repay any 31
related interest, penalties and costs. 32
9. The Administrator may recover any money required to be 33
paid pursuant to this section in accordance with the provisions of 34
NRS 612.365 and may collect interest on any such money in 35
accordance with the provisions of NRS 612.620. 36
Sec. 32. NRS 646.060 is hereby amended to read as follows: 37
646.060 A pawnbroker, and a clerk, agent or employee of a 38
pawnbroker, is guilty of a misdemeanor if he or she: 39
1. Fails to make an entry of any material matter in a book or 40
record kept as provided for in NRS 646.020. 41
2. Makes a false entry in the book or record. 42
3. Obliterates, destroys or removes from his or her place of 43
business the book or record. 44
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4. Refuses to allow the prosecuting attorney or a peace officer 1
to inspect the book or record or any goods in his or her possession, 2
during the ordinary hours of business. 3
5. Reports a material matter falsely to the sheriff or to the chief 4
of police. 5
6. Fails to report immediately to the sheriff or to the chief of 6
police the possession of property which he or she may have good 7
cause to believe has been lost or stolen, together with the name of 8
the owner, if known, and the date when and the name of the person 9
from whom he or she received the property. 10
7. Removes property received or allows it to be removed from 11
his or her place of business in violation of NRS 646.040. 12
8. Receives property from a person under the age of 18 years, 13
common drunkard, habitual user of controlled substances, habitual 14
criminal, habitual felon, habitually fraudulent felon, habitual theft 15
offender, person in an intoxicated condition, known thief or receiver 16
of stolen property, or known associate of a thief or receiver of stolen 17
property, whether the person is acting in his or her own behalf or as 18
the agent of another. 19
9. Violates any of the provisions of NRS 646.050. 20
Sec. 33. NRS 647.140 is hereby amended to read as follows: 21
647.140 A secondhand dealer and a clerk, agent or employee 22
of a secondhand dealer is guilty of a misdemeanor if he or she: 23
1. Fails to make an entry of any material matter in a book or 24
record kept as provided for in NRS 647.110. 25
2. Makes a false entry in the book or record. 26
3. Obliterates, destroys or removes from his or her place of 27
business the book or record. 28
4. Refuses to allow the prosecuting attorney or a peace officer 29
to inspect the book or record or any goods in his or her possession, 30
during the ordinary hours of business. 31
5. Reports a material matter falsely to the sheriff or to the chief 32
of police. 33
6. Fails to report immediately to the sheriff or to the chief of 34
police the possession of property which he or she may have good 35
cause to believe has been lost or stolen, together with the name of 36
the owner, if known, and the date when and the name of the person 37
from whom he or she received the property. 38
7. Removes specifically marked or otherwise individually 39
identifiable property received or allows it to be removed from his or 40
her place of business or place of storage in violation of the 41
provisions of NRS 647.130. 42
8. Receives property from a person under the age of 18 years, 43
common drunkard, habitual user of controlled substances, habitual 44
criminal, habitual felon, habitually fraudulent felon, habitual theft 45
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offender, person in an intoxicated condition, known thief or receiver 1
of stolen property, or known associate of a thief or receiver of stolen 2
property, whether the person is acting in his or her own behalf or as 3
the agent of another. 4
H