Nevada Revised Statutes 205.380 – Obtaining money, property, rent or labor by false pretenses
1. A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his or her employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| category B felony | 1 to 20 years | |
| category C felony | 1 to 5 years | up to $10,000 |
| category D felony | 1 to 4 years | up to $5,000 |
Terms Used In Nevada Revised Statutes 205.380
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) If the value of the thing or labor fraudulently obtained was less than $1,200, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained if it can be done, or tender payment for rent or labor.
(b) If the value of the thing or labor fraudulently obtained was $1,200 or more but less than $5,000, for a category D felony as provided in NRS 193.130.
(c) If the value of the thing or labor fraudulently obtained was $5,000 or more but less than $25,000, for a category C felony as provided in NRS 193.130.
(d) If the value of the thing or labor fraudulently obtained was $25,000 or more but less than $100,000, for a category B felony 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.
(e) If the value of the thing or labor fraudulently obtained was $100,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.
2. In addition to any other penalty set forth in paragraph (b), (c), (d) or (e) of subsection 1, the court shall order the person to pay restitution.
3. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate, stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
4. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.
5. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant: