Fact Sheet PENALTIES FOR CATEGORY D FELONIES UNDER NEVADA REVISED STATUTES (NRS) CATEGORY D FELONIES

Transcription

1 Fact Sheet PENALTIES FOR CATEGORY D FELONIES UNDER NEVADA REVISED STATUTES (NRS) RESEARCH DIVISION REVISED FEBRUARY 2018 LEGISLATIVE COUNSEL BUREAU CATEGORY D FELONIES Fraudulently alter the outcome of a common-interest community election for executive board (NRS ) Community manager or executive board member requesting or accepting a bribe (NRS ) Bribing a community manager or executive board member (NRS ) Failure to disclose to tenant that property is subject to foreclosure (deceptive trade practice), third and subsequent offense (NRS 118A.275) Child abduction, concealment, or detention by parent or person under court order (NRS ) Payment to or acceptance by natural parent for adoption (NRS and ) Unlicensed person accepting compensation for placement of child (NRS ) Failure to register as sex offender, to notify law enforcement of change of address, or otherwise provide false information, first offense (NRS 179D.550) Attempted category C felony (NRS ) 1 to 4 years, or punished Not more than $2,000 as gross misdemeanor Improper division of salary by public official (NRS and ) Public officer paying false claim, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Extortion by public officer (NRS ) 1 to 4 years* Not more than $5,000 Oppression under color of office, force or threat of force (NRS ) Fraudulent appropriation of property, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Perjury (NRS and ) False complaint to effect arrest or search (NRS ) Use of fictitious name to effect arrest or search (NRS ) Offering false evidence (NRS ) Preventing person from testifying, force or threat of force (NRS ) Resisting officer, use of dangerous weapon or taking dangerous weapon other than a fiream from officer (NRS ) Compounding or concealing a crime (NRS ) Hindering the reporting of a crime (NRS ) Malicious prosecution of a felony (NRS ) Failure to appear after bail either for a felony or for a misdemeanor or gross misdemeanor and left the State to avoid prosecution (NRS ) Fraudulent birth pretenses, inheritance (NRS ) Extortion of confession; force, threat of force, or substantial bodily harm (NRS ) Disclosure of information to subject of investigation (NRS ) Notification of search or seizure (NRS ) Notification of wire tap (NRS ) Involuntary manslaughter (NRS )

2 2 Killing by overloading a vessel, negligent conduct (NRS ) Harboring vicious animal that goes at-large and kills a person (NRS ) Unlawful storage or manufacture of explosives, death resulting (NRS ) Detention, concealment, or removal of child from person with lawful custody (NRS See also NRS ) Statutory sexual seduction if under 21 and previously convicted of sexual offense (NRS ) Assault upon an officer, school employee, health care provider, taxicab driver, transit officer, or sports official by a probationer, prisoner, or parolee (NRS ) Unlawful interception of wire communication (NRS ) Unlawful dissemination of intimate image, if person did not give prior consent, had reasonable expectation of privacy, and was at least 18 years old at time of creation (NRS ) Demands in exchange for removal of intimate image from public view (NRS ) Bestiality, if the animal dies or suffers serious bodily injury resulting from the crime; or if subsequent offense (NRS 201, new section) Bigamy (NRS ) Marry a married person (NRS ) Sexual acts in public (NRS ) Open or gross lewdness, subsequent offense or previous sexual offense, act committed in the presence of a child or vulnerable person (NRS ) Indecent or obscene exposure, subsequent offense or previous sexual offense, act committed in the presence of a child or vulnerable person (NRS ) Living from the earnings of a prostitute (NRS ) ; plus not more than $100,000 (child 14 or more) OR not more than $500,000 (child under 14); plus not more than $500,000 if conspiracy in addition to offense, child victim Soliciting a child for prostitution, second offense (NRS ) Placing person in house of prostitution, no force or threat of force (NRS ) Sale or injection of liquid silicone (NRS ) Possession of explosive or incendiary device, material, substance, or component in prohibited areas (NRS ) Unlawful possession, manufacture, or disposition of sawed-off shotgun or rifle (NRS ) Knowingly possess firearm with altered serial number (NRS ) Unlawful manufacture, importation, sale, or possession of dangerous weapons, possession of nunchaku or trefoil with intent to harm, or carrying certain concealed weapons; subsequent offense (NRS ) Possession of stun gun by a felon, person adjudicated mentally ill, person unlawfully in the United States, or person under 18 years of age (NRS ) Unlawful sale of stun gun (NRS ) Possession of firearm by a mentally ill person or person unlawfully in the United States (NRS ) Delivering a hoax substance with intent to cause harm (NRS ) 1 to 4 years* Not more than $5,000 Vicious dog attack, substantial bodily harm (NRS )

3 Damage to utility, agricultural, government, or construction property to obtain scrap 1 to 4 years* Not more than $5,000 metal, value $500 or more (NRS ) Unlawful use of public funds, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Misappropriation and falsification of public accounts, value of $650 or more (NRS ) Misappropriation by treasurer, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Arson, third degree (NRS ) Arson, fourth degree (NRS ) Forgery (NRS , , , , and ) 1 to 4 years* Not more than $5,000 False certificate to certain instruments (NRS ) Petitions: forging signature, false alteration, inducing signature for money, or filing with false information (NRS ) Not Sufficient Funds check(s), willful, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Not Sufficient Funds check, willful, three prior convictions in this State or another 1 to 4 years* Not more than $5,000 (NRS ) Forging State seal (NRS ) Selling, displaying, or advertising goods with false trademark; third or subsequent offense, or 1,000 or more units, or $10,000 in value (NRS ) Unlawful operation of recording device in motion picture theater, second or subsequent offense (NRS ) Unlawful reproduction or sale of sound recordings, first offense (NRS ) Obtaining signatures by false pretenses (NRS ) 1 to 4 years* Not more than $5,000 Defrauding restaurant or hotel, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Forgery involving computers (NRS ) Unlawful acts relating to information services (NRS ) Issuance of title to goods not received, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Fraudulent issuance of title to goods, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Fraudulently obtaining title to goods, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 Fraudulent inducement of bailee to release title to goods, value of $650 or more 1 to 4 years* Not more than $5,000 (NRS ) Fraudulent negotiation of document of title when goods are not in bailee s possession, 1 to 4 years* Not more than $5,000 $650 or more (NRS ) Credit or debit card fraud, stolen card (NRS ) 1 to 4 years* Not more than $5,000 Credit or debit card fraud, possession of card with intent to use or sell (NRS ) 1 to 4 years* Not more than $5,000 Sale or purchase of credit or debit card or identifying physical or electronic description of credit or debit card or account (NRS ) Sale of identifying information on telephone calling card (NRS ) Obtaining control of credit or debit card as security for debt (NRS ) 1 to 4 years* Not more than $5,000 Forgery of credit or debit card (NRS ) 1 to 4 years* Not more than $5,000 Unauthorized signing of credit or debit card or related document with intent to defraud 1 to 4 years* Not more than $5,000 (NRS ) Fraudulent use of credit or debit card (NRS ) 1 to 4 years* Not more than $5,000 Fraud by person authorized to provide goods or services, credit or debit card illegally 1 to 4 years* Not more than $5,000 obtained (NRS ) Fraud by person authorized to provide goods or services, misrepresentation to issuer 1 to 4 years* Not more than $5,000 (NRS ) Possession of incomplete credit or debit cards or equipment to produce cards (NRS ) 3

4 Receiving property or services obtained by unlawful use of credit or debit card (NRS ) Obtaining telephone service with intent to avoid payment (NRS ) Manufacture, possession, or sale of equipment or information for obtaining telephone or telegraph service with intent to avoid payment (NRS ) Taking money of another to secure loan, value of $1,000 or more (NRS ) Fraudulent acts by intermediary in tax-free exchange (NRS ) Willfully and maliciously killing, maiming, or disfiguring any animal (other than estray 1 to 4 years Not more than $10,000 or livestock) of another; or exposing animal to poison with criminal intent (NRS ) Fraudulent or malicious destruction of writings (NRS ) Defacing property on protected site (NRS ) Defacing property, public or private, subsequent offense (NRS ) Use of monetary instrument derived from unlawful act (NRS ) Inhumanity to prisoner, substantial bodily harm (NRS ) Unlawful possession of controlled substance by prisoner (NRS ) Possession of portable telecommunications device by prisoner (NRS ) 1 to 4 years; consecutive after current sentence, no Not more than $5,000 probation or suspended sentence Voluntary sexual conduct between prisoner and another person who is not a prison employee, contractor, or volunteer (NRS ) Sexual abuse of a prisoner by a prison employee, contractor, or volunteer (NRS ) Unlawful acts related to human excrement or bodily fluid by prisoner under lawful arrest or in lawful custody, second or subsequent offense (NRS ) 1 to 4 years; consecutive after current sentence, no probation or suspended sentence Not more than $5,000 Altering legislative measure (NRS 218A.950) Altering enrolled bill or resolution (NRS 218A.955) Notary public who willfully violates law, or regulation or order adopted pursuant thereto, resulting in irreparable harm to a person (NRS 245, new section) Officer out of office withholding or destroying records (NRS ) Unlawful commissions, value of $650 or more (NRS ) Elections: Bribery of elector (NRS ) Elections: Tampering with election equipment (NRS ) Elections: Voting without being a qualified elector (NRS ) Elections: Voting under the name of another person (NRS ) Elections: Voting more than once at same election (NRS ) Fraud in use of facsimile signature or State seal (NRS ) Unlawful depository of State money (NRS ) Tax receiver offering false tax receipt (NRS ) Unlawful issuance of county license (NRS ) Make, store, possess, or transport liquor with intent to defraud the State (NRS ) Sale or possession for sale of contraband tobacco products; subsequent offense, value $25 or more but less than $250 (NRS ) Possession, display, exhibit, or sale of artifact or human remains taken from a Native American burial site (NRS ) 4

5 5 County road supervisor accepting gift or reward for influencing expenditures related to position (NRS ) Medicaid card fraud (NRS ) 1 to 4 years* Not more than $5,000 Unlawful sale or purchase of Medicaid card (NRS ) 1 to 4 years* Not more than $5,000 Obtaining Medicaid benefits fraudulently (NRS ) 1 to 4 years* Not more than $5,000 Medicaid provider fraud (NRS ) 1 to 4 years* Not more than $5,000 Welfare programs: False claims, statements, representations; value obtained $650 or 1 to 4 years* Not more than $5,000 more (NRS ) Perjury: Welfare applications, reports, and invoices (NRS ) Medicaid: Offenses regarding sale, purchase, or lease of goods, services, materials, or supplies while acting on behalf of a provider; value of $650 or more (NRS ) Intentional destruction of certain medical records (program for indigent) (NRS ) Willful and malicious killing of a service animal (NRS ) 1 to 4 years* Not more than $5,000 Perjury: Written statements of responsible relatives of applicants or recipients of public assistance for children (NRS ) False application for or admission of another to mental facility (NRS 433A.750) Birth certificate fraud to commit a felony (NRS ) Violations of Clean Water Act, subsequent offense (NRS 445A.705) Opening a grave with intent to remove, removal, or unlawful purchase of dead body or parts thereof (NRS ) Failure to register with pharmacy board (NRS ) Possession not for sale, schedule I through IV drugs, third or subsequent offense 1 to 4 years Not more than $20,000 (NRS ) Possession not for sale, schedule V drugs, subsequent offense (NRS ) Possession for purpose of sale, schedule I or II drugs, flunitrazepam, or GHB; first offense (NRS ) Possession for purpose of sale, schedule III, IV, or V drugs; first and second offense 1 to 4 years Not more than $10,000 (NRS ) Purchase of unlawful quantity of methamphetamine precursors, third or subsequent offense in any jurisdiction (NRS ) False statement or representation in methamphetamine precursor logbook (NRS ) Furnishing dangerous drug without prescription (NRS ) Certain violations of cancer treatment chapter, third or subsequent offense (NRS ) Violation of regulations governing program to prevent accidental release of hazardous substances contributing to bodily harm or death (NRS ) 1 to 4 years Not more than $50,000 per day of violation Unlawful hazardous waste disposal (NRS ) 1 to 4 years Not more than $50,000 per day of violation Sale or removal of property or records of gaming establishment prior to scheduled hearing before the Nevada Gaming Commission (NRS 463B.280) Perjury (unarmed combat laws, Nevada Athletic Commission) (NRS ) Malicious false fire alarm, death or substantial bodily harm (NRS ) Acting as a new or used vehicle dealer, manufacturer, distributor, rebuilder, or lessor without a license, third or subsequent offense (NRS ) Unlawful offer or sale of automobile, value of $650 or more (NRS ) 1 to 4 years* Not more than $5,000 A vehicle dealer, garage operator, automobile wrecker, salvage pool, or body shop that takes possession of a motor vehicle or part knowing the identification number has been falsely attached, removed, destroyed, or altered (NRS )

6 6 Unlawful destruction or alteration of identification number on motor vehicle or part 1 to 4 years Not more than $25,000 (NRS ) DUI and failure to obey signal by officer (NRS 484A.550) Willful disclosure of information from certain automobile insurance databases (NRS ) Unlawful removal of salvage title or title for rebuilt vehicle, value of $650 or more (NRS ) Improper mooring causing death (NRS ) Operating boat in unsafe condition, death resulting (NRS ) Acting as a new or used off-highway vehicle dealer, manufacturer, or lessor without a license, third or subsequent violation (NRS ) Weaponizing or operating a weaponized unmanned aerial vehicle (NRS ) False mining claim (NRS ) Keeping place used for baiting or fighting birds or animals, second or subsequent offense (NRS ) Staging fights between animals (other than dogs) or birds, second or subsequent offense (NRS ) Keeping or selling an animal with the intent to use it to fight another animal, second or subsequent offense (NRS ) (Up to $10,000 mandatory fine if violation is by an entity other than natural person) (Up to $10,000 mandatory fine if violation is by an entity other than natural person) Staging fights between dogs, first offense (NRS ) (Up to $10,000 mandatory fine if violation is by an entity other than natural person) Torture, maim, mutilate, or kill a dog, cat, or other companion animal (NRS ) Mistreatment of police animal (NRS ) Torture, mutilate, injure, poison, or disable a police animal, and police animal is not 1 to 4 years Not more than $10,000 totally disabled or killed (NRS ) Willfully, unjustifiably, and maliciously tampering or interfering with a dog used for certain exhibition types of events (NRS ) Willfully and unjustifiably abusing or injuring a dog used for certain types of events 1 to 4 years Not more than $10,000 (NRS ) Failure to pay for farm products, amount over $1,000 (NRS ) 1 to 4 years* Not more than $5,000 Violations of meat standards, third and subsequent offense (NRS ) Manufacture drug without a license (NRS ) Purchase, sell, offer for sale or possess with intent to sell any item that is, wholly or partially, made of certain restricted animal parts or byproducts, third and subsequent offense (NRS 597, new section) (additional civil penalty of up to $6,500 or amount equal to 4 times market value of item) Deceptive trade practices, third and subsequent offenses (NRS ) Unfair trade practices (price fixing) (NRS 598A.280) Unlawful telephone solicitations, third and subsequent offense within 10 years 1 to 4 years Not more than $50,000 (NRS 599B.255) Failure to register as seller or salesman (NRS 599B.080 and 599B.255) 1 to 4 years Not more than $50,000 Unlawful solicitation in connection with a proposed association of self-insured public or private employees (NRS 616B.374)

7 False statement to obtain workers compensation benefits, value of $250 or more 1 to 4 years* Not more than $5,000 (NRS 616D.300) False statements or representations concerning employment of person receiving benefits (NRS 616D.310) Fraudulent practices: False charges, representations, and statements to obtain workers 1 to 4 years* Not more than $5,000 compensation benefits; value of $650 or more (NRS 616D.370) Certain health care provider violations, value of $650 or more (NRS 616D.390) Unlawful destruction of records regarding accident benefits within 5 years (NRS 616D.400) False statement by employer regarding eligibility for industrial insurance benefits, value of $250 or more (NRS 616D.415) Licensee (guardian) knowingly or willfully neglecting to perform duty or failing to satisfy lawful requirement (NRS 628B.900 ) Improper use of title or practicing without license, no substantial bodily harm (NRS ) Homeopathic practitioners, improper use of title or practicing without certificate (NRS 630A.590) Practicing homeopathic medicine without license (NRS 630A.600) Illegal practice of dentistry: Dental hygiene, third or subsequent offense; licensed dentist practicing in place or manner not permitted, third or subsequent offense (NRS ) Improper use of title or practicing profession without certificate for osteopathic medicine, no substantial bodily harm (NRS ) Improper use of title or practicing profession without certificate for chiropractors (NRS ) Veterinarian providing treatment to human being (NRS ) Improper use of title or practicing profession without certificate for veterinarians (NRS ) False charge against State public assistance program by doctor (NRS ) 1 to 4 years* Not more than $5,000 Brokers, salesmen, and intermediaries: Obtain license or sell interest in real property by 1 to 4 years* Not more than $5,000 misrepresentation, fraud, or deceit (NRS ) Violations relating to escrow or trust accounts; value of $1,000 or more (NRS 645B.960) Violations relating to escrow or trust accounts; value of $1,000 or more (NRS 645E.960) Criminally receiving junk or scrap metal known to belong to utility company or governmental agency (NRS ) Willful violations of banking laws (NRS ) Violation of order requiring removal of officer of bank holding company (NRS and ) False bank financial statements (NRS ) Bank receiving deposits with knowledge of insolvency (NRS ) Perjury (banking officers or employees) (NRS ) Willful violations of trust company laws (NRS ) Willful violation of the Uniform Debt-Management Services Act (deceptive trade practice), third or subsequent offense (NRS 676A.770) Trust company receiving deposits with knowledge of insolvency (NRS ) False statements on insurance application (NRS 686A.290) 1 to 4 years* Not more than $5,000 False claims for insurance benefits (insurance fraud) (NRS 686A.291) Insurance company soliciting without permit (NRS 692B.040) 7

8 Willful deception of Insurance Commissioner with regard to registration requirements (NRS 692C.350) Willful violation of insurance chapter (NRS 692C.480) Corporations: Removal or concealment of records or assets (NRS 693A.070) Obtaining utility service with intent to avoid payment, destruction of utility property, 1 to 4 years* Not more than $5,000 value of $500 or more (NRS ) Unlawful interception or receipt of cable service, 10 or more devices involved (NRS ) 8