Week 12 crime elements

NRS 205.690

OBTAIN/POSSESS CREDIT/DEBIT CARD WITHOUT OWNERS CONSENT (F)

• Steals, takes or removes a credit/debit card (or number or other identifying description of card),

• From the person, possession, custody or control of another,

• Without the cardholder’s consent

OR

• With knowledge that a credit/debit card (or number or other identifying description of card) has been so taken, removed, or stolen,

• Receives that credit/debit card (or number or other identifying description of card),

• With the intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder.

OR

• Possesses a credit card or debit card (or number or other identifying description of card) without the consent of the cardholder,

• With the intent to circulate, use, sell or transfer the credit/debit card with the intent to defraud

NOTE: Person is presumed to have obtained and possessed credit/debit cards with the knowledge that they have been stolen, and with the intent to defraud, if person has in his possession or under his control two or more credit/debit cards issued in the name of another person. (Exception: Possession of two or more credit cards or debit cards when used in the regular course of the processor’s business or employment, or where the possession is with the consent of the cardholder.)

NRS 205.750

UNAUTHORIZED SIGNING OF CREDIT CARD (F)

• The signing of a credit/debit card, sales slip, sales draft or instrument for the payment of money which evidences a credit card or debit card transaction,

• Without authorization by the cardholder,

• With the intent to defraud.

NRS 205.760

FRAUDULENT USE OF CREDIT CARD (M/F)

• Using a credit/debit card,

• To obtain money, goods, property, services or anything of value,

• Where the credit card/debit card is stolen, or when person knows the card is forged, expired, revoked, or fraudulently signed, obtained or retained, or is the expired or revoked credit/debit card of another;

OR

• Using the number or other identifying description of credit account or card,

• To obtain money, goods, property, services or anything of value without the consent of the cardholder;

OR

• Obtaining money, goods, property, services or anything else of value,

• By representing, without the consent of the cardholder,

• That s/he is the authorized holder of a specific card or a card that has never been issued

NRS 205.0832

THEFT (F/M)

• Without lawful authority, knowingly

• Controls any property of another person with the intent to deprive that person of the property.

• 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 prescribed duration or for a limited used.

• 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.

• Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of injury 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.

• Controls property of another person knowing or having reason to know that the property was stolen

• Obtains services or parts, products or other related items 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

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

• Commits any act that is declared to be theft by a specific statute.

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

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

• If value is $1200 or more, (F)

• If under $1200, (M)

NRS 205.090

FORGERY (F)

• Falsely makes, alters, forges or counterfeits any document listed in statute (bank bill, note, check, draft, deed, will, etc.), or

• Utters, publishes, passes or attempts to pass,

• Any of the above false, altered, forged, or counterfeit instruments,

• Knowing it to be false, altered, forged or counterfeit,

• With intent to defraud.

NRS 205.130

ISSUANCE OF CHECK WITH INSUFFICIENT FUNDS (M/GM/F)

• Willfully drawing or passing a check or draft without sufficient money/credit,

• With intent to defraud and knowledge of insufficiency,

• To obtain money, property, services or credit,

• In the amount of $1200 or less (M)

• In the amount of $1200 or more, (F)

OR

• For wages in the amount of $1200 or more (GM)

OR

• A series of checks during a 90-day period,

• In the amount of $1200 or more (F)

OR

• Convicted three times in Nevada or elsewhere of misdemeanor bad check charges (F)

HMC 2.27.030L/I/M