Arson: Degrees and Penalties

Arson

• Arson is intentionally burning structures, buildings, or forest land.
• More severe penalties exist if the act causes bodily injury, involves inhabited buildings, or aims to defraud insurers.
• "Set fire to" includes scorching, charring, or burning any part of a structure or property.

First Degree Arson

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

Second Degree Arson

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

Third Degree Arson

• Willfully and maliciously setting fire to or burning unoccupied personal property of another worth $25+, unoccupied personal property where another has legal interest, or timber/forest that isn't one's own is arson in the third degree, a category D felony.

Fourth Degree Arson

• Attempting to set fire to or burn any of the buildings or properties mentioned in NRS 205.010, 205.015 and 205.020 is arson in the fourth degree, a category D felony.

Burglary

• Burglary is unlawfully entering a closed structure with the intent to steal or commit another crime.

Penalties & Definition

• Unlawfully entering or remaining in a dwelling with intent to commit grand/petit larceny, assault/battery, or any felony is residential burglary.
• Entering a business structure with the intent to commit grand/petit larceny, assault/battery, or any felony is burglary of a business.
• Entering a motor vehicle, or part of it, with the intent to commit grand/petit larceny, assault or battery, or any felony is burglary of a motor vehicle.
• Unlawfully entering or remaining in any other structure with intent to commit grand/petit larceny, assault/battery, or any felony is burglary of a structure.
• If a burglary occurs on a moving or stationary vessel, vehicle, airplane, or railroad car and the county is uncertain, the offender can be tried in any county the conveyance passed through.
• Possession of a firearm or deadly weapon during the commission of burglary results in a category B felony with a 2-15 year prison sentence and a possible $10,000 fine.
• Entering a commercial establishment during business hours to commit petit larceny isn't burglary unless the person has two prior petit larceny convictions within 7 years or a prior felony conviction.
• Intention to commit burglary can be inferred if someone unlawfully enters a structure with satisfactory evidence to the jury.

Possession of Burglary Tools

• Making, repairing, or possessing tools adapted or designed for burglary, home invasion, larceny, or other crimes, with intent to use them, is a gross misdemeanor.
• Possession of burglary tools by a non-tradesman in a non-public place serves as prima facie evidence of intent to commit a crime.

Home Invasion

• Forcibly entering a dwelling without the owner's/occupant's permission is home invasion and a category B felony.
• Home invasion committed on vessels, vehicles, or aircraft within the state, where the jurisdiction is ambiguous, allows the offender to be arrested/tried in any county the conveyance traveled through.
• Possessing a firearm or deadly weapon while committing home invasion results in a category B felony.
• "Forcibly enters" involves physical force causing structural damage.

Additional Laws

• Committing another crime during a burglary or home invasion allows prosecution for each crime separately.

Theft

• Theft is a criminal act of taking another's property without consent.
• "Theft" is a broader term than larceny, including swindling and deceitful property taking.
• "Property of another person" includes real, personal, or intangible property where someone other than the defendant has an interest that the defendant is not allowed to infringe.

Actions That Constitute Theft

• Knowingly controlling another's property with intent to deprive, converting property, unauthorized transfer of interest, or unauthorized control.
• Using another's services or property entrusted for a limited time or use improperly is theft.
• Obtaining property or services through material misrepresentation, which involves fraudulent pretenses or statements, can be a physical act or verbal.
• Appropriation of lost, mislaid, or undelivered property without reasonable effort to notify the owner.
• Controlling property knowing it was stolen.
• Obtaining services without paying, diverting services without authority, or defrauding someone with a security interest in property.
• Drawing a check for property/services knowing it won't be paid or obtaining fuel without payment.

Definitions of Theft

• "Check": Any check, draft, or negotiable instrument.
• "Control": Preventing someone from using their property except on the actor's terms.
• "Deprive": Withholding property permanently or for a long time, demanding reward for return, or disposing so recovery is unlikely.
• "Draw": Making, writing, or delivering a check.
• "Intangible property": Property lacking physical existence but possessing value (e.g., customer lists, trade secrets).
• "Issue": Delivering a check giving the recipient rights against the drawer.
• "Obtain": Securing the transfer of any interest in property or performance of a service.
• "Property of another person": Real, personal, or intangible property in which any person other than the defendant has an interest which the defendant is not privileged to infringe.
• "Services": Labor, professional services, transportation, utilities, accommodations, admissions, and use of movable property.
• "Transfer": Changing the possession or control of property.
• "Value": Fair market value at the time of theft.

Determining Value In Theft

• The amount involved in a theft is the highest reasonable value of the property/services obtained.
• Amounts from thefts as part of a scheme can be aggregated to determine the offense grade.

Grand Larceny

• Grand larceny penalties are determined by property/services value unless a specific statute dictates otherwise.
• Less than $1,200: Misdemeanor.
• $1,200-$5,000: Category D felony.
• $5,000-$25,000: Category C felony.
• $25,000-$100,000: Category B felony (1-10 years prison, up to $10,000 fine).
• $100,000+: Category B felony (1-20 years prison, up to $15,000 fine).

Grand Larceny Specifics

• Intentionally stealing a firearm is grand larceny of a firearm, a category B felony.
• Intentionally stealing a motor vehicle is grand larceny of a motor vehicle, a category C felony; it becomes a category B felony if the vehicle is worth $3,500 or more.

Petit Larceny

• Stealing personal goods/property worth less than $1,200, bedding/furniture worth less than $1,200 from a lodger, converting real property to personal property worth less than $1,200, or stealing domesticated animals/birds worth less than $1,200 is petit larceny.
• Petit larceny is a misdemeanor.

Taking Property From Another

• Taking property from another's person without consent, not amounting to robbery, to steal or appropriate it, is a category C felony.

Unlawful Taking Of a Vehicle

• Taking or driving away a vehicle without intent to permanently deprive but without owner consent is a gross misdemeanor.
• Being in possession of a vehicle without the owner's consent implies taking or driving away.
• "Vehicle" excludes devices moved by human power or used on fixed rails/tracks.

Offenses Involving Stolen Vehicles

• Receiving or transferring a vehicle known/believed to be stolen or possessing a vehicle known/believed to be stolen is a category C felony.

Injuring/Tampering With a Vehicle

• Willfully breaking, injuring, tampering, or removing parts of a vehicle to injure, deface, destroy, prevent operation, or interfering with the vehicle is a public offense based on loss value.
• Climbing into a vehicle without consent to commit a crime, malicious mischief, or tampering is a misdemeanor.

Buying/Receiving Stolen Goods

• Buying, receiving, possessing, or withholding property known to be stolen to gain or prevent the owner from possessing it, or under circumstances that someone should reasonably know it is stolen, is an offense.
• Penalties vary with value and type of property.
• Possessing three+ items of the same type with removed/altered serial numbers is prima facie evidence of violating this section.
• Value is the highest reasonable measure.
• "Stolen property" includes property taken by larceny, robbery, burglary, embezzlement, or any crime against property.

Embezzlement

• A bailee converting money/goods/property to their own use with intent to steal or defraud or an agent/manager/clerk using entrusted money/property for unauthorized purposes is guilty of embezzlement.
• The value of misappropriated items in separate embezzlement acts can be combined for punishment if acts against the same person within 6 months, individual acts not felonies, and cumulative value sufficient for a felony.
• Using money/goods/property by a bailee for other than its intended purpose is prima facie evidence of conversion and intent to steal.
• "Bailee" includes those who are deposited, loaned, hired, delivered to, collectors, etc.

Prima Facie Evidence of Embezzlement

• If a clerk/employee entrusted with money/goods leaves with intent to steal or embezzles/converts them, it is evidence of intent to steal and punished as felonious stealing.

Extortion

• Threatening to extort money/property, compel action, influence a public officer, or procure an illegal act is extortion.
• Threats include: accusing of a crime, injury to person/property, libel, exposing disgrace/secrets.
• Extortion is a category B felony.

Extortionate Collection

• Threatening physical harm or property damage to compel debt payment is a category B felony.

Forgery

• "Written instrument" includes partly written, partly printed, or wholly printed with a signature.
• "Forge" includes false making, counterfeiting, alteration, erasure, or obliteration.
• Forging conveyances, negotiable instruments, stock certificates, and wills is a crime.
• Falsely making, altering, or counterfeiting public records, charters, deeds, wills, bonds, checks, contracts, or any document with intent to defraud is forgery.
• Includes uttering, publishing, passing or attempting to pass any false documentation.
• Elements include: Falsely making, altering, erasing, or counterfeiting written documents with legal significance to injure or defraud.
• Shall be punished as a category D felony.

Issuance of Check or Draft Lacking Sufficient Money or Credit

• Drawing or passing a check/draft with intent to defraud to obtain money, property, services, or credit at a casino, when funds are insufficient, is an offense.
• If the instrument is $650 or more or a series of instruments during 90days is $650 or more, the person is guilty of a category D felony.
• Presumption of knowledge of insufficient funds arises if: Account does not exist; Payment is refused and maker does not make good within 5 days; Notice of non-payment is returned undelivered; Banks and retail stores must post bad check notice
• Elements incluse: Willfully and with intent to defraud Passes check to obtain money, property, services, use of property or credit at a casino When the person has insufficient funds to pay in full upon presentation

Possessing/Receiving Forged Instruments/Bills

• Possessing or receiving forged promissory notes, bank bills, traveler's checks, or possessing blank notes with intent to fill them to defraud is a category C felony.

Fraudulent Conveyances

• Being party to a fraudulent conveyance of property to deceive or defraud is a felony.

Use of False Permit, License or Writing

• Conducting business or filing false permits/licenses is a gross misdemeanor.

Defrauding Proprietor of Hotel, Inn, Restaurant, Motel or Similar Establishment

• Obtaining accommodations without paying with intent to defraud.
• Obtaining credit through false pretenses
• Absconding or removing baggage without paying
• Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one establishment is $1,200 or more, for a category D felony, otherwise, for a misdemeanor
• Prima facie evidence of fraudulent intent includes false pretense, refusal/neglect to pay, giving bad negotiable paper, absconding, or surreptitious removal of baggage.

Personating Another

• Falsely impersonating another to marry, become bail, confess judgment, acknowledge conveyance, or do any act affecting the person's rights is a category C felony.

False Identification Use

• Counterfeiting, altering identification for those under 21 to purchase alcohol or enter gambling establishments is a misdemeanor.

Obtaining And Using Personal Identifying Information

• Obtaining and using personal identification of another to commit an unlawful act is a crime, categorized as a category B felony.

Unlawful Acts Regarding Social Security Numbers

• Willfully and intentionally posting or displaying social security number of another person in any public manner unless the person is authorized or required to do so by specific federal or state law or regulation is guilty of a misdemeanor.

Unlawful Acts Regarding Personal Identifying Information

• "Artificial person" defined NRS 205.4611 “Artificial person” means any corporation, limited-liability company, limited-liability partnership, limited partnership, limited-liability limited partnership, business trust or municipal corporation or any comparable entity which is created and existing under the laws of this State, any other state, territory or foreign government, or the Government of the United States and which is doing business in this State
• “Document” defined NRS 205.4613 “Document” includes, without limitation, a photocopy print, photo-stat and other replica of a document
• "Personal identifying information" includes names, driver’s license numbers, SSN's, account numbers, biometric data, electronic signatures, and utility account numbers.
• This statute provides various punishments for knowingly obtaining and using personal identifying information of another person NRS 205.463.
• “personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including a person’s name, driver’s license number, social security number, savings account number, credit card number, debit card number, date of birth, place of employment, maiden name of “Mom,” fingerprints, voiceprints, retina image or iris image.
• Two ways to commit the crime: Knowingly obtaining and using personal identifying information of another. Done to harm another or for an unlawful purpose, such as to obtain money, property, credit or services in the name of another, Is a category B felony.
• OR, Knowingly obtaining and using personal identifying information of another, to avoid or delay being prosecuted for an unlawful act Is a category E felony.
• A public officer/employee knowingly obtaining another's personal identifying information from a public source and using it to harm or for an unlawful purpose is guilty of a category B felony.

Credit/Debit Card Offenses

• Most offenses involving wrongful possession, use, sale, transfer, or misrepresentation of credit cards are covered. Value is immaterial except for NRS 205-760(2).
• "Cardholder": the person or firm to whose benefit a card is issued. NRS 205.620.
• "Credit card": an instrument or device issued by an issuer to a cardholder to obtain money, property, goods, services or anything of value on credit. NRS 205.630.
• “Debit card”: an instrument or device issued by an issuer to a cardholder to obtain money, property, goods, services or anything of value, subject to the issuer removing money from the checking or savings account of the cardholder
• "Issuer": the business firm or authorized agent, which issues a credit card. NRS 205.650.
• "Expired credit card": a card which is not valid because the date on it has elapsed. NRS 205.640.
• "Revoked credit cards”. An invalid card because permission to use it has been suspended or terminated by the issuer. NRS 205-670.
• False statement regarding identity or financial condition to procure a credit/debit card is a gross misdemeanor
• Stealing, removing or knowledge for transferring a card without consent to use is a Class D felony
• Purchase or sale of a credit or debit card from or by any person other than the issuer is a Class D felony
• Sale of identifying information on telephone calling card without authority of the lawful holder is a category D felony.
• Obtaining control of a credit/debit card as security for debt is a Class D felony.
• Falsely making, embossing, forging or uttering a purported credit or debit card with intent to defraud is a Class D felony.
• Using or signing a credit or debit card, sales slips, draft or instrument for money without cardholder consent, with intent to defraud is a Class D felony
• Using a card to gain something of value, or misrepresenting or using account number with intent to defraud is a Class D felony
• A cardholder fraudulently using their expiring or revoked card, or knowing they cannot pay for value of goods/services so obtained within a 6-month period
• crimes by providers of goods/services upon a credit/debit card, also class D felony
• Possession of two or more incomplete cards with contrivances designed to create purported credit/debit cards is a Class D felony.
• Device-skimming crimes such as installing, accessing or possessing credit card scanning devices are class C felonies.