Senate Bill No. 265-Senators Titus, Adler, Coffin, Mathews, Neal, O'Donnell, Porter, Regan, Schneider, Shaffer and Wiener
April 3, 1997
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Referred to Committee on Judiciary
SUMMARY--Makes various changes to crimes related to unauthorized use of telephone. (BDR 15-359)
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; increasing the penalty for certain crimes related to the unauthorized use of a telephone to a felony; making other various changes to such crimes; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 205.506 is hereby amended to read as follows:
205.506 It is unlawful for a person knowingly or with the intent to avoid payment in full for the service obtained to:
1. Obtain or attempt to obtain mobile telephone service from a supplier by deception, use of an illegal device, or other fraudulent means. The requisite intent may be inferred from the presence on the property or in the possession of the accused of a device, not authorized by the supplier, the major purpose of which is to permit or facilitate use of mobile telephone service without payment. The inference is rebutted if the accused shows that he purchased the device for a legitimate purpose.
2. Give technical assistance or instruction to another in obtaining mobile telephone service without full payment to a supplier.
3. Maintain an ability to connect, by physical, electronic or other means, with facilities, components or devices used in mobile telephone service for the purpose of obtaining mobile telephone service without payment of all lawful compensation to the supplier.
4. Make or maintain a modification of a device installed with the authorization of a supplier to obtain any service that the accused is not authorized by the supplier to obtain. The requisite intent may be inferred from proof that the supplier's standard procedure is to place labels on its devices warning that modifying the device is a violation of law and that the device has been modified without the supplier's permission.
5. Possess without a supplier's permission a device , plan or kit designed to receive from the supplier a service offered for sale by the supplier, whether or not the service is encoded or otherwise made unintelligible, or designed to perform or facilitate an act prohibited by subsections 1 to 4, inclusive. Intent to violate this subsection for commercial advantage or financial gain may be inferred if the circumstances, including quantity or volume, indicate possession for resale.
6. Manufacture, import, distribute, advertise, sell, lease, or offer to sell or lease a device or a plan or kit for a device designed to receive mobile telephone service offered for sale by a supplier, whether or not the service is encoded or otherwise made unintelligible, without full payment. The requisite intent may be inferred from proof that the accused has sold, leased or offered to sell or lease any such device, plan or kit and stated or implied to the buyer or lessee that it will enable him to obtain mobile telephone service without charge.
7. Possess any other materials for the purpose of creating a device, plan or kit designed to obtain mobile telephone service in any manner prohibited pursuant to this section.
Sec. 2 NRS 205.508 is hereby amended to read as follows:
205.508 Unless a greater penalty is provided in NRS 205.920, a person who violates the provisions of NRS 205.506 is guilty of a [public offense, as prescribed in NRS 193.155, proportionate to the value of the service obtained or the loss resulting from the violation, and in no event less than a misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.
Sec. 3 NRS 205.920 is hereby amended to read as follows:
205.920 1. It is unlawful for a person to obtain or attempt to obtain telephone or telegraph service with the intent to avoid payment for that service by himself or to avoid payment for that service by any other person, by:
(a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber;
(b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled, as distinguished from expired, credit card after notice of revocation or cancellation has been given to the holder;
(c) Using a code, prearranged scheme or other similar device to send or receive information;
(d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise;
(e) Using any other deception, false token or other means to avoid payment for the service; or
(f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.
2. If the value of the service involved is $250 or more, a person violating the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. If the value of the service involved is less than $250, a person violating the provisions of this section is guilty of a [misdemeanor.] category D felony and shall be punished as provided in NRS 193.130. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.
3. This section applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for the service would have been billable in the normal course by a person, firm or corporation providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
Sec. 4 NRS 205.930 is hereby amended to read as follows:
205.930 1. It is unlawful to make or possess any instrument, apparatus or device or to sell, give or otherwise transfer to another or to offer or advertise for sale any instrument, apparatus, device or information, or plans or instructions for making or assembling such equipment, with knowledge or reason to believe that it is intended to be used to obtain telephone or telegraph service with intent to avoid payment therefor by any of the means listed in paragraph (c), (d) or (f) of subsection 1 of NRS 205.920, or to represent or imply that it may lawfully be so used.
2. [Except under the circumstances described] Unless a greater penalty is provided in NRS 205.715, any person who violates any of the provisions of subsection 1 is guilty of a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.
Sec. 5 NRS 207.360 is hereby amended to read as follows:
207.360 "Crime related to racketeering" means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnaping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322;
13. Forgery;
14. Any violation of NRS 199.280 which is punished as a felony;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
18. Battery with intent to commit a crime in violation of NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued at $250 or more;
25. Embezzlement of money or property valued at $250 or more;
26. Obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence;
29. Any violation of NRS 201.300 or 201.360; or
30. Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291.
31. Any violation of NRS 205.506 or 205.920.
Sec. 6 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.