Arson: Degrees and Penalties

Crimes Against Property Overview

• Crimes against property fall under Categories I, II, Reserve, and Reciprocity, as per NAC 289.140, 150, 170, and 200.

Arson

• Arson involves intentionally burning structures, buildings, or forest land.
• Penalties are more severe if bodily injury occurs, an inhabited building is involved, or there's an intent to defraud insurers.
• Setting fire to a building, structure, or property includes scorching, charring, or burning, according to NRS 205.005.
• Arson's degrees and penalties are outlined in NRS 205.010 to 205.025.

Arson in the First Degree

• Willfully and maliciously setting fire to or burning a dwelling house, other structure, or mobile home (occupied or vacant) is arson in the first degree.
• Burning personal property occupied by one or more persons is also arson in the first degree, a category B felony under NRS 205.010.

Arson in the Second Degree

• Willfully and maliciously setting fire to or burning any abandoned building or structure is arson in the second degree.
• This is a category B felony according to NRS 205.015.

Arson in the Third Degree

• Willfully and maliciously setting fire to or burning:
  • Unoccupied personal property of another valued at $25 or more.
  • Unoccupied personal property owned by the perpetrator in which another person has a legal interest.
  • Timber, forest, shrubbery, crops, grass, vegetation, or other flammable material not belonging to the perpetrator.
• Arson in the third degree is a category D felony under NRS 205.020.

Arson in the Fourth Degree

• Willfully and maliciously attempting to set fire to or burn buildings or property mentioned in NRS 205.010, 205.015, and 205.020 is arson in the fourth degree.
• Committing any preliminary act in furtherance of such burning also constitutes fourth-degree arson, a category D felony under NRS 205.025.

Burglary

• Burglary involves unlawful entry into a dwelling or closed structure, often with force or coercion.
• Burglary perpetrators typically intend to steal property or commit another crime.

Penalties for Burglary

• Unlawfully entering or remaining in a dwelling with the intent to commit grand or petit larceny, assault, battery, any felony, or to obtain money/property by false pretenses constitutes residential burglary.
• Unlawfully entering a business structure with the intent to commit grand or petit larceny, assault, battery, or any felony is burglary of a business.
• Unlawfully entering a motor vehicle (or part thereof) with the intent to commit grand or petit larceny, assault, battery, or any felony is burglary of a motor vehicle.
• Unlawfully entering a structure (other than a dwelling, business structure, or motor vehicle) with the intent to commit grand or petit larceny, assault, or battery, or any felony is burglary of a structure as per NRS 205.060.
• If a burglary on a vessel, vehicle, trailer, airplane, glider, boat, or railroad car occurs in motion and the county is uncertain, the offender can be tried in any county the conveyance traveled through.
• Possessing a firearm or deadly weapon during a burglary results in a category B felony, punishable by 2-15 years in state prison and a fine up to $10,000
• Entering a commercial establishment during business hours to commit petit larceny is not burglary unless the person has two prior petit larceny convictions within the last 7 years or a prior felony conviction.

Inference of Burglarious Intent

• Unlawfully breaking and entering or entering any structure may reasonably be inferred as intent to commit grand or petit larceny, assault, battery, or a felony.
• This inference stands unless evidence is provided to satisfy the jury that the entry was made without criminal intent NRS 205.065.

Burglary Tool Possession

• Making, mending, or possessing tools such as engines, machines, false keys, picklocks, bits, nippers, or implements adapted for burglary, invasion of the home, larceny, or other crimes, with intent to use them, is a gross misdemeanor under NRS 205.080.
• Possession by a mechanic, artificer, or tradesman in their established and publicly open shop is considered evidence of intent to use the tools in a crime.

Home Invasion

• Forcibly entering a dwelling without the owner's permission, whether or not a person is present, is invasion of the home under NRS 205.067.
• Invasion of the home is a category B felony.
• Home invasion committed on a vessel, vehicle, trailer, airplane, glider, boat, or railroad car shares the same rules as burglary regarding geographical jurisdiction if in motion.
• Possession of a firearm/deadly weapon during the commission, before leaving/upon leaving a dwelling, constitutes a category B felony under NRS 205.067.
• Forcibly entering is defined as entry into an inhabited dwelling using physical force that damages the structure.

Other Crimes During Burglary or Home Invasion

• Committing another crime during a burglary or invasion of the home allows prosecution for each crime separately under NRS 205.070.

Theft

• Theft occurs when property belonging to another is taken without their consent.
• Theft encompasses various deceitful takings, including swindling, embezzlement, and false pretenses.
• "Property of another person" includes real, personal, and intangible property in which someone other than the defendant has an interest that the defendant isn't privileged to infringe, even if the defendant also has an interest.
• Actions that Constitute Theft
  • Knowingly controlling another person's property with the intent to deprive them of it.
  • Converting or making an unauthorized transfer of an interest in another's property.
  • Using another person's services/property entrusted to them for an unauthorized period/use.
  • Obtaining property/services by material misrepresentation with intent to deprive the person of that property/services.
  • A material misrepresentation is the use of deceit or promises instrumental in causing wrongful control/transfer of property/services.

Theft of Lost, Mislaid, or Undelivered Property

• Taking control of lost, mislaid, or undelivered property of another person while knowing/having reason to know the property was stolen and without reasonable effort to notify the true owner.
• Obtaining services or related items knowing they are available only for compensation without paying or agreeing to pay.
• Diverting another person's services to one's own benefit without lawful authority
• Taking, destroying, concealing, or disposing of property in which another person has a security interest, with intent to defraud.
• Drawing or passing a check knowing it will not be paid, and obtaining property or services in exchange.
• Obtaining gasoline or other fuel or automotive products that are available only for compensation without paying or agreeing to pay NRS 205.0832.

Definitions of Theft

• NRS 205.0821: The definitions in NRS 205.0822 to 205.0831 apply to NRS 205.0821 to 205.0835 inclusive, unless context indicates the contrary.
• "Check" is defined as any check, draft, or negotiable instrument per NRS 205.0822.
• "Control" means acting to prevent a person from using their property, according to NRS 205.0823.
• "Deprive" means withholding a property interest of another person permanently or for an extended period that diminishes its value, enjoyment or usefulness, intending to restore it only upon payment/compensation, or transferring/disposing of it so it is unlikely to be recovered, as indicated in NRS 205.0824.
• "Draw" means making, drawing, uttering, preparing, writing, or delivering a check, as per NRS 205.0825.
• "Intangible property" includes property lacking physical existence yet possessing value, like customer lists, trade secrets, copyrighted material, and confidential information per NRS 205.08255.
• "Issue" means delivering or causing delivery of a check to someone who acquires a right against the drawer; drawing a check with intent to deliver is considered issuing it if delivery occurs, according to NRS 205.0826.
• "Obtain" is bringing about or receiving a transfer of any interest in property, or securing performance of a service, as specified in NRS 205.0827.
• "Property of another person" includes real, personal, or intangible property in which another person has an interest the defendant isn't privileged to infringe, despite the defendant also having an interest and even if the other person is precluded from civil recovery due to the property's unlawful use/subject to forfeiture, per NRS 205.0828.
• "Services" includes labor, professional services, transportation, cable television, telephone, gas, or electricity services, hotel accommodations, restaurants, leased premises, admissions, and use of vehicles, according to NRS 205.0829.
• "Transfer" changes the possession or control of property, NRS 205.083.
• "Value" is the fair market value of the property/services at the time of theft, especially for written instruments which do not have a readily ascertainable market value, the greater being face value of instrument less satisfaction or the amount of economic loss to the instrument's owner resulting from deprivation NRS 205.0831.

Determination of Amount in Theft

• Determination of amount involved in particular theft.
• The amount involved in a theft shall be the highest value, by any reasonable standard, of the property or services which are obtained.
• The value of thefts pursuant to a scheme or continuing course of conduct may be aggregated in determining the grade of the offense NRS 205.0834.

Larceny

• Grand larceny is addressed in NRS 205.0835.
• Committing theft in violation of NRS 205.0821 to 205.0835 results in punishment as outlined in this section, unless a greater penalty is specified by another law or NRS 205.08345 applies.
  • A misdemeanor is charged if the value of the property/services involved in the theft is less than $1,200.
  • A category D felony with punishment under NRS 193.130 is charged if the value is $1,200-$5,000.
  • A category C felony with punishment under NRS 193.130 is charged if the value is $5,000-$25,000.
  • A category B felony, imprisonment for 1-10 years, and a fine up to $10,000 is charged if the value is $25,000-$100,000.
  • A category B felony, imprisonment for 1-20 years, and a fine up to $15,000 is charged if the value is $100,000 or more.
• Grand larceny of a firearm, under NRS 205.226, occurs when a person intentionally steals, takes, and carries away a firearm owned by another and is a category B felony.
• Grand larceny of a motor vehicle, under NRS 205.228, occurs when a person intentionally steals, takes, carries away, drives away, or otherwise removes a motor vehicle owned by another and a category C felony.
  • If the prosecuting attorney proves that the value of the motor vehicle involved in the grand larceny is $3,500 or more, the person who committed the grand larceny of the motor vehicle is guilty of a category B felony.
  • Petit larceny is covered under NRS 205.240 and results in a misdemeanor.
• Committing Petit Larceny: - Intentionally stealing goods/property ($1,200) of another. - As a lodger, using bedding/furniture ($1,200) owned by another. - Converting real property ($1,200 value) into persona property by severing from other real property - Stealing, taking, or enticing away domestic animals/birds ($1,200 aggregate value) of another

Punishment For Taking Another's Property

• Committing theft of property from another person, with the intention to steal or appropriate it without consent, is a category C felony, referencing NRS 205.270.

Motor Vehicles

• Motor vehicles are covered under PO 5ia-c:
  • Under NRS 205.2715, unlawfully taking a vehicle is described - Taking/driving away the vehicle of another without intent to deprive, but lacking permission is a gross misdemeanor. - Possession of a vehicle without the owner’s consent infers taking. - “Vehicle” here includes any device transporting people/property on public highways or waterways except those human-powered or used on stationary rails.
• Offense Involving Stolen Vehicle, as per NRS 205.273: Committing an offense involving a stolen vehicle includes: - Intending to procure or pass title to a motor vehicle which is known or believed to be stolen. - Receiving or transferring the vehicle from/to another. Having possession of the vehicle that is known/believed to be stolen is a category C felony.

Injuring/Tampering

• Injuring/tampering with vehicles, as per NRS 205.274, involves willfully working alone or with others, breaking/injuring, tampering with or removing of vehicle parts to injure/deface temporarily/permanently preventing operation is a public offense proportionate to the resulting loss.
  • Maliciously interfere with or preventing operation is a public offense based on the value of the loss.
  • Climbing into/upon a vehicle without consent of the owner/person in charge to commit a crime or starting a vehicle without permission is a misdemeanor:.
  • Buying or Receiving Stolen Goods, as described in NRS 205.275 (PO A6i-ii):
• A person is considered in violation of the offense of buying and/or receiving stolen goods if:
• For his/her own gain or to prevent owner from gaining possession of property, a person purchased, received, possesses or withholds property that they know reasonable person would know has been stolen:.
• penalties for violation depend on the value of the property:
• less than $1,200, is guilty of a misdemeanor.
• $1,200 or more but less than $5,000, is category D felony.
• $5,000 or more but less than $25,000, is category C felony.
• $25,000 or more, but less than $100,000, or firearm, is category B felony.
• $100,000 or more, is category B felony.
• Possession by person of three or more items of personal property removed a manufacturer’s serial number is prima facie evidence of violation,.
• Value of property defined-property involved is the highest value attributable to property.
• Stolen property means-property that has been taken from its owner by Larceny, robbery, burglary, embezzlement, theft, whether or not the person has been convicted for the offense or not.

Embezzlement

• Embezzlement is covered under NRS 205.300 (PO A7i). Any bailee of money or property who converts it with intent to steal/defraud owner, or agent/clerk of person/corporation with entrusted funds who uses it for any other purpose, is guilty of embezzlement. Punishment prescribed by law for the stealing/larceny of the money, goods, property so taken/converted. Value of money or goods misappropriated in a single scheme combined for punishment if;
• acts committed within 6 months span.
• acts not punishable as felony alone.
• cumulative value makes offense felony.
• Using money other than was borrowed for is prima evidence evidence of conversion intent to steal.
• Bailee defined- Means all persons with money, goods, property deposited, loaned, delivered, agent/collecotr/servent who is authorized to carry/collect/receive money, goods, and property.
• Embezzlement, Prima Facie Evidence.If any clerk/apprentice or persons trusted money/goods/chattels to by master/employer runs with items from master/employer with th intent to steel/defraud master this is prima facie evidence of intent to defraud -NRS 205.305.

Extortion

• Extortion covered under PO A8i.
• With intent to extort, gain money: A person who threatens to injure another so that they concede to unlawful demand. To accuse someone of a crime. To expose a secret. Threatens public officer to influence action. Shall be a category B felony.
• Extortionate Collection elements needed NRS 205.322.:To use threats that places fear.Category B felony.

Forgery

• Forgery, covered under NRS 205.085
• Instrument in whole or in part where a written signature is included. Alteration erasure is included in false forgery. Elements:
• Falsely making. Altering.Erasing. Counterfeiting With intent to injure, punish to category D felony. Any check drawn without sufficient funds with intent to defraud. Shall be misdemeanor.In an amount during the year, felony category D. Willlfuly, to intent to defraud. With intent to defraud.passes checks to obtain bank or casino credits

Presumption of Knowledge of Insufficeint funds

• Account does not exist. Payment refused maker does not good.Retail must poat back checks. Possing or revieving Forged Documents any forgey promissory note/order etc in tention.
• Is Guiloty of Category C Felony.

Fraud

• Every person shall be a party to any fraudulent contract: Fraudulent conveyances of goods intended to decieve /or defraud
• A person or part involved is gullty of felony.

False Perrmitt

Use of false permit; every person who conducts business by under file or record any puiblic document is guillty

• defrauding a hotel/motel without a permit shall category D felont -
• Any person forges; alters, obliterate any paper or document used of persons to get alcohol.

Illicit Use of Another's Personal Information

• Social Security Number posting and penalties - A person must not display in public to display someones social security number without the persons intent.
• Definition: “Artificial person” – defined means any business corporation with limited liablility, means of business to the government and state. “Document”–defined means a replica and copy “personal ” –information design in conjunction with the state. unique data scan Two wasys to commit “personal :
• Knowling obtaining of someone’ information.
• done for unlawfull purpose; a cataegorfy a crime. With a way to avoiding an criminal charges is a categro E charge.

Credit and Debit Cards 205.610-800-

• Nearly every possible offense. Crimes do not mean anything unless NRS.
• Cardhoodler is the person who issued and been authorized
• Credit cards: instumnets to obtain money and stuff
• debit cards: authorize from checking/savings
• Issue is a business firm or agent that usses card.
• expire credit : no longer use.
• revoked: suspended by agent.
• Any knowingly facte data used used a credit card for financial gain it’s a category D. Swindilng has C charges. Theft without transfer intent.
• Category “D” if without cardhooders To identifying card info with lawful charges it Is a Category D felony*
• falseltly forging and used as card is also a category D charge*
• If you do to ahs card without authorization or fraud will be charged Catogry for with d card*
• Fraudulebt uses for a card with own credit will be charged is over $100
• any cridms with provider will be D charge*
• two or more incopmlete will be consider felony “D*