SUMMARY--Changes penalties for certain crimes related to theft. (BDR 15-1038)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to crimes; changing the penalties for certain crimes related to theft; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 205.0835 is hereby amended to read as follows:
205.0835 Unless a greater penalty is imposed by a specific statute, for the violation of any provision of NRS 205.0821 to 205.0835, inclusive, if the value of the property or services obtained was:
1. Greater than or equal to $250, the person who committed the theft is guilty of a category [C] B felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.
2. Less than $250, the person who committed the theft shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
Sec. 2. NRS 205.225 is hereby amended to read as follows:
205.225 1. A person who:
(a) Feloniously steals, takes and carries, leads, drives or entices away:
(1) One or more horses, cattle, mules, asses, sheep, goats or swine, of any age or sex; or
(2) One or more other domestic animals or poultry having an aggregate value of $250 or more,
not his own property but belonging to some other person;
(b) Marks or brands, or causes to be marked or branded, or alters or defaces or causes to be altered or defaced a mark or brand upon any animal described in subparagraph (1) of paragraph (a), not his own property but belonging to some other person, with the intent to steal the animal or to prevent the identification of the animal by the true owner, or to defraud;
(c) With the intent to defraud or to appropriate to his own use, willfully kills any animal, animals or poultry running at large, of the kinds described in subparagraph (1) of paragraph (a) or having an aggregate value of $250 or more, not his own, whether branded, marked or not; or
(d) Sells or purchases, with the intent to defraud, the hide or carcass of any animal described in subparagraph (1) of paragraph (a) the brand or mark on which has been cut out or obliterated,
is guilty of grand larceny which is a category [C] B felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
2. All proceeds from any sale made in violation of subsection 1 are subject to forfeiture.
3. The court shall order a person convicted pursuant to subsection 1 to make restitution to the victim of his crime for the value of each animal [which] that was involved.
Sec. 3. NRS 205.2707 is hereby amended to read as follows:
205.2707 1. A person who feloniously steals, takes and carries away money, goods or property of the value of $250 or more from vending machines within a period of 1 week is guilty of a category [D] B felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.
2. In determining whether the value of the money, property or goods taken is of the value of $250 or more, the cost of repairing damaged vending machines and replacing any machine, if necessary, must be added to the value of the money, goods or property.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.