SUMMARY--Makes various changes to provisions and penalties relating to certain crimes against property. (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; making various changes to the provisions governing certain crimes against property; changing the penalties for certain crimes against property; 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 Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2 As used in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "Domesticated animals" means all domesticated animals other than livestock.
Sec. 4 "Domesticated birds" means all poultry and domesticated fowl or birds.
Sec. 5 "Livestock" means:
1. All cattle or animals of the bovine species;
2. All horses, mules, burros and asses or animals of the equine species;
3. All swine or animals of the porcine species;
4. All goats or animals of the caprine species; and
5. All sheep or animals of the ovine species.
Sec. 6 "Property" includes, but is not limited to:
1. Personal goods, personal property and motor vehicles;
2. Money, negotiable instruments and other items listed in NRS 205.260;
3. Livestock, domesticated animals and domesticated birds; and
4. Any other item of value, whether or not the item is listed in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive.
Sec. 7 1. Unless a greater penalty is imposed by a specific statute, a person who commits grand larceny in violation of NRS 205.220 shall be punished pursuant to the provisions of this section.
2. If the value of the property involved in the grand larceny is less than $2,500, the person who committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. If the value of the property involved in the grand larceny is $2,500 or more, the person who committed the grand larceny is guilty of a category B felony and shall be punished 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 by a fine of not more than $10,000.
4. In addition to any other penalty, the court shall order the person who committed the grand larceny to pay restitution.
5. If the grand larceny involved a sale in violation of subsection 3 or 4 of NRS 205.220, all proceeds from the sale are subject to forfeiture.
Sec. 8 1. A person who intentionally steals, takes and carries away a firearm owned by another person commits grand larceny of a firearm.
2. A person who commits grand larceny of a firearm is guilty of a category B felony and shall be punished 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 by a fine of not more than $10,000.
3. In addition to any other penalty, the court shall order the person who committed the grand larceny of the firearm to pay restitution.
Sec. 9 1. A person who intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person commits grand larceny of a motor vehicle.
2. Except as otherwise provided in subsection 3, a person who commits grand larceny of a motor vehicle is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. If the prosecuting attorney proves that the value of the motor vehicle involved in the grand larceny is $2,500 or more, the person who committed the grand larceny of the motor vehicle is guilty of a category B felony and shall be punished 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 by a fine of not more than $10,000.
4. In addition to any other penalty, the court shall order the person who committed the grand larceny of the motor vehicle to pay restitution.
Sec. 10 For the purposes of sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive:
1. The value of property involved in a larceny offense shall be deemed to be the highest value attributable to the property by any reasonable standard.
2. The value of property involved in larceny offenses committed by one or more persons pursuant to a scheme or continuing course of conduct may be aggregated in determining the grade of the larceny offenses.
Sec. 11 NRS 205.0835 is hereby amended to read as follows:
205.0835 1. Unless a greater penalty is imposed by a specific statute, [for the] a person who commits theft in 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 felony and shall be punished as provided in NRS 193.130. 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.] shall be punished pursuant to the provisions of this section.
2. If the value of the property or services involved in the theft is less than $250, the person who committed the theft is guilty of a misdemeanor.
3. If the value of the property or services involved in the theft is $250 or more but less than $2,500, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. If the value of the property or services involved in the theft is $2,500 or more, the person who committed the theft is guilty of a category B felony and shall be punished 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 by a fine of not more than $10,000.
5. In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.
Sec. 12 NRS 205.220 is hereby amended to read as follows:
205.220 Except as otherwise provided in [NRS 205.225 and 205.237,] sections 8 and 9 of this act, a person [who feloniously] commits grand larceny if the person:
1. Intentionally steals, takes and carries away, leads away or drives away [the personal] :
(a) Personal goods or property [of another of the] , with a value of $250 or more, [or the motor vehicle or firearm of another regardless of its value, is guilty of grand larceny which is a category B felony and shall be punished 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 by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.] owned by another person;
(b) Bedding, furniture or other property, with a value of $250 or more, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(c) Real property, with a value of $250 or more, that the person has converted into personal property by severing it from real property owned by another person.
2. Uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which he knows he is not entitled.
3. Intentionally steals, takes and carries away, leads away, drives away or entices away:
(a) One or more head of livestock owned by another person; or
(b) One or more domesticated animals or domesticated birds, with an aggregate value of $250 or more, owned by another person.
4. With the intent to defraud, steal, appropriate or prevent identification:
(a) Marks or brands, causes to be marked or branded, alters or defaces a mark or brand, or causes to be altered or defaced a mark or brand upon one or more head of livestock owned by another person;
(b) Sells or purchases the hide or carcass of one or more head of livestock owned by another person that has had a mark or brand cut out or obliterated;
(c) Kills one or more head of livestock owned by another person but running at large, whether or not the livestock is marked or branded; or
(d) Kills one or more domesticated animals or domesticated birds, with an aggregate value of $250 or more, owned by another person but running at large, whether or not the animals or birds are marked or branded.
Sec. 13 NRS 205.230 is hereby amended to read as follows:
205.230 1. All state, county, city and township peace and law enforcement [officials, including sheriffs, their deputies, constables, their deputies and game wardens,] officers are empowered and directed to pursue, apprehend and arrest whenever or wherever, irrespective of county boundaries within the state, [any person who shall feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny or any one or more head of cattle or horses, or any sheep, goat, hog, poultry, shoat or pig not his own property but the property of another.] a person who commits grand larceny in violation of subsection 3 or 4 of NRS 205.220.
2. Upon apprehension and arrest of [any person in violation of NRS 205.225,] a person pursuant to subsection 1, the arresting officer [or officers shall forthwith] shall take the person before the nearest or most accessible magistrate without unnecessary delay . [, to be there dealt with according to law.]
Sec. 14 NRS 205.240 is hereby amended to read as follows:
205.240 1. Except as otherwise provided in NRS 205.220 and 475.105 and sections 8 and 9 of this act, a person [who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of $250; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under $250, except those described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 205.225,] commits petit larceny [and is guilty of a misdemeanor.] if the person:
(a) Intentionally steals, takes and carries away, leads away or drives away:
(1) Personal goods or property, with a value of less than $250, owned by another person;
(2) Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(3) Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.
(b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.
2. A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny two other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months; and
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days.
4. If a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny three or more other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months;
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days; and
(c) Shall impose a fine of at least $500.
5. The provisions of subsections 3 and 4 do not affect the provisions of any other statute providing for a more severe penalty for a first or subsequent conviction of petit larceny.
Sec. 15 NRS 205.270 is hereby amended to read as follows:
205.270 1. A person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his own use, takes property from the person of another, without his consent, [any money, property or thing of value,] is guilty of :
(a) If the value of the property taken is less than $2,500, a category C felony and shall be punished as provided in NRS 193.130 [.] ; or
(b) If the value of the property taken is $2,500 or more, a category B felony and shall be punished 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 by a fine of not more than $10,000.
2. In addition to any other penalty, the court shall order the person to pay restitution.
[2.] 3. The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if the person from whom the [money or] property was taken has any infirmity caused by age or other physical condition.
Sec. 16 NRS 205.2707 is hereby amended to read as follows:
205.2707 1. A person who [feloniously] intentionally 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) If the value of the property taken is less than $2,500, a category [D] C felony and shall be punished as provided in NRS 193.130 [.] ; or
(b) If the value of the property taken is $2,500 or more, a category B felony and shall be punished 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 by a fine of not more than $10,000.
2. In addition to any other penalty, the court shall order the person to pay restitution.
[2.] 3. In determining [whether] the value of the [money, property or goods taken is of the value of $250 or more,] property taken, 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. 17 NRS 205.273 is hereby amended to read as follows:
205.273 1. A person [who, with] commits an offense involving a stolen vehicle if the person:
(a) With the intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, receives or transfers possession of the vehicle from or to another [, or who has] person; or
(b) Has in his possession [any] a motor vehicle which he knows or has reason to believe has been stolen . [, and who is not]
2. The provisions of subsection 1 do not apply to an officer of the law [engaged at the time] if the officer is engaged in the performance of his duty as an officer [,] at the time of the receipt, transfer or possession of the stolen vehicle.
3. Except as otherwise provided in subsection 4, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. If the prosecuting attorney proves that the value of the vehicle involved is $2,500 or more, the person who violated the provisions of subsection 1 is guilty of a category B felony and shall be punished 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 by a fine of not more than $10,000.
5. In addition to any other penalty, the court shall order the person to pay restitution.
6. For the purposes of this section, the value of a vehicle shall be deemed to be the highest value attributable to the vehicle by any reasonable standard.
Sec. 18 NRS 205.275 is hereby amended to read as follows:
205.275 1. A person [who,] commits an offense involving stolen property if the person, for his own gain [,] or to prevent the owner from again possessing his property, buys, receives, possesses or withholds [stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:] property:
(a) Knowing that [the goods or property were so obtained; or] it is stolen property; or
(b) Under such circumstances as should have caused a reasonable man to know that [the goods or property were so obtained,
is guilty of a category B felony and shall be punished 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, or by a fine of not more than $10,000, or by both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal.] it is stolen property.
2. A person who commits an offense involving stolen property in violation of subsection 1:
(a) If the value of the property is less than $250, is guilty of a misdemeanor;
(b) If the value of the property is $250 or more but less than $2,500, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If the value of the property is more than $2,500 or if the property is a firearm, is guilty of a category B felony and shall be punished 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 by a fine of not more than $10,000.
3. In addition to any other penalty, the court shall order the person to pay restitution.
[2.] 4. A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.
5. Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer's serial number or manufacturer's identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.
[3. Except as otherwise provided in subsection 4, a person convicted of the offense specified in this section must not be condemned to imprisonment in the state prison, unless the thing bought, received, possessed or withheld has a value of $250 or more, but the person shall be punished as provided in cases of petit larceny.
4. If the thing bought, received, possessed or withheld is a firearm, regardless of its value, the person convicted of the offense specified in this section is guilty of a category B felony and shall be punished 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 by a fine of not more than $10,000.]
6. For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.
7. As used in this section, "stolen property" means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.
Sec. 19 NRS 205.940 is hereby amended to read as follows:
205.940 1. Any person who in renting or leasing any personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operator's license, is guilty of larceny [according to the value of such property. It shall be] and shall be punished as provided in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by him in obtaining or retaining possession of the personal property is contrary to the fact.
2. Any person who, after renting or leasing any personal property under an agreement in writing which provides for the return of the personal property to a particular place at a particular time fails to return the personal property to such place within the time specified, and who, with the intent to defraud the lessor or to retain possession of such property without the lessor's permission, thereafter fails to return such property to any place of business of the lessor within 72 hours after a written demand for the return of such property is made upon him by registered mail addressed to his address as shown in the written agreement, or in the absence of such address, to his last known place of residence, is guilty of larceny [according to the value of such property.] and shall be punished as provided in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive. The failure to return the personal property to the place specified in the agreement [shall be] is prima facie evidence of an intent to defraud the lessor or to retain possession of such property without the lessor's permission. It [shall be] is a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such demand was made that he failed to return the personal property to any place of business of the lessor within 20 days after such demand.
Sec. 20 NRS 41.0334 is hereby amended to read as follows:
41.0334 1. Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the state or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 202.810, 205.005 to 205.080, inclusive, 205.220, [205.225, 205.235, 205.240, 205.245,] 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 207.210, 331.200 or 393.410, or section 8 or 9 of this act, at the time the injury, wrongful death or damage was caused.
2. Subsection 1 does not apply to any action for injury, wrongful death or other damage:
(a) Intentionally caused or contributed to by an officer or employee of the state or any of its agencies or political subdivisions; or
(b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the constitution of the State of Nevada.
3. As used in this section:
(a) "Public building" includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and
(b) "Public vehicle" includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,
owned, in whole or in part, possessed, used by or leased to the state or any of its agencies or political subdivisions.
Sec. 21 NRS 41.580 is hereby amended to read as follows:
41.580 [Whenever any owner's] If property has been taken from its owner by larceny, robbery, burglary [or embezzlement and thereafter another person, for his own gain or to prevent the owner from again possessing his property, has bought, received, possessed or withheld] , embezzlement, theft or any other offense that is a crime against property and another person buys, receives, possesses or withholds the property under circumstances that make such conduct a violation of subsection 1 of NRS 205.275, the owner of the property may bring a civil action against the [other] person who bought, received, possessed or withheld the property and may recover treble the amount of any damage the owner has [thereby] suffered, together with his costs in the action and a reasonable attorney's fee.
Sec. 22 NRS 475.105 is hereby amended to read as follows:
475.105 A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:
1. If the device has a value of less than $250, is guilty of a gross misdemeanor.
2. If the device has a value of $250 or more, is guilty of grand larceny [which is a category D felony] and shall be punished as provided in [NRS 193.130.] section 7 of this act.
Sec. 23 NRS 569.100 is hereby amended to read as follows:
569.100 1. A person who takes up an estray as provided for in NRS 569.040 to 569.130, inclusive, is entitled to hold the estray lawfully until relieved of custody by the division.
2. A person shall not use or cause to be used, for profit or otherwise, any estray in his keeping under the provisions of NRS 569.040 to 569.130, inclusive. A violation of this subsection shall be deemed grand larceny or petit larceny, [according to the value of the estray.] as set forth in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive, and the person shall be punished as provided in those sections.
3. Any person taking, leading or driving an estray away from the possession of the lawful holder, as specified in NRS 569.040 to 569.130, inclusive, except as herein provided for, is subject to all the penalties under the law, whether he is the claimant of the estray or not.
Sec. 24 NRS 205.225, 205.235, 205.237, 205.245 and 205.255are hereby repealed.
Sec. 25 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 26 The amendatory provisions of this act do not apply to offenses committed before October 1, 1997.
LEADLINES OF REPEALED SECTIONS
205.225Grand larceny: Theft of certain animals; changing of brand or mark; killing of animal running at large; forfeiture; restitution.
205.235Grand larceny: Severing and removing part of realty of value of $250 or more.
205.237Grand larceny: Use of card or device for automatic withdrawal or transfer of money in financial institution.
205.245 Petit larceny: Severing and removing part of realty of value less than $250.
205.255 Larceny by lodger.