NRS
205.0832 Actions which constitute theft.
1. Except as otherwise provided in
subsection 2, a person commits theft if, without lawful authority, the person
knowingly:
(a) Controls any property of another person with
the intent to deprive that person of the property.
(b) Converts, makes an unauthorized transfer of
an interest in, or without authorization controls any property of another
person, or uses the services or property of another person entrusted to him or
her or placed in his or her possession for a limited, authorized period of
determined or prescribed duration or for a limited use.
(c) Obtains real, personal or intangible property
or the services of another person by a material misrepresentation with intent
to deprive that person of the property or services. As used in this paragraph,
“material misrepresentation” means the use of any pretense, or the making of
any promise, representation or statement of present, past or future fact which is
fraudulent and which, when used or made, is instrumental in causing the
wrongful control or transfer of property or services. The pretense may be
verbal or it may be a physical act.
(d) Comes into control of lost, mislaid or
misdelivered property of another person under circumstances providing means of
inquiry as to the true owner and appropriates that property to his or her own
use or that of another person without reasonable efforts to notify the true
owner.
(e) Controls property of another person knowing
or having reason to know that the property was stolen.
(f) Obtains services, including, without
limitation, audio or visual services, or parts, products or other items related
to such services which the person knows or, in the case of audio or visual
services, should have known are available only for compensation without paying
or agreeing to pay compensation or diverts the services of another person to
his or her own benefit or that of another person without lawful authority to do
so.
(g) Takes, destroys, conceals or disposes of
property in which another person has a security interest, with intent to
defraud that person.
(h) Commits any act that is declared to be theft
by a specific statute.
(i) Draws or passes a check, and in exchange obtains
property or services, if the person knows that the check will not be paid when
presented.
(j) Obtains gasoline or other fuel or automotive
products which are available only for compensation without paying or agreeing
to pay compensation.
2. A person who commits an act that is
prohibited by subsection 1 which involves the repair of a vehicle has not
committed theft unless, before the repair was made, the person received a
written estimate of the cost of the repair.
(Added to NRS by 1989,
1204; A 1999,
2706; 2001,
3024; 2013,
823)
Notes of Decisions
Cited in
32
cases (
3 in the last 5 years), 1994–2022 · leading case:
Walch v. State
Walch v. State (1996)
nev · cites it 22×
“Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or…”
Siragusa v. Brown (1998)
nev · cites it 4×
“[17] Beckley's brief asserts that one of the asserted predicate crimes was NRS 205.0832(7), which provides that taking property in which another holds a security interest with intent to defraud that person constitutes theft.”
State v. Hancock (1998)
nev · cites it 6×
“Counts III through X each allege violations of NRS 205.0832"Actions which constitute theft.”
Stephen Comstock v. Stefanie Humphries (2015)
ca9
“” Nev. Rev. Stat. § 205.0832 (1)(d). It is also true that the possession of stolen property offense for which Comstock was convicted encompasses possession of property that was lost and misappropriated.”
Murphy v. State (1994)
nev · cites it 3×
“NRS 205.0832. 8 That statute was not enacted until June 28, 1989, eight months after Murphy’s arrest, and the events that led to the possession of stolen goods charge.”
Ibarra v. State (2018)
nev · cites it 2×
“Alternatively, he could be convicted of NRS 205.0832(1)(c) for obtaining E.M.'s property by making a "representation or statement .”
Batin v. State (2002)
nev · cites it 2×
“0832, the Omnibus Theft Crime statute, the evidence presented at trial would have supported a conviction under that statute because there was sufficient evidence to support a finding that Batin was guilty of larceny. However, Batin was neither charged under the Omnibus Theft…”
G.K. Las Vegas Ltd. Partnership v. Simon Property Group, Inc. (2006)
nvd
“§ 205.0832 et seq. Even assuming arguendo that Defendants’ failure to pay distributions or misconduct in the buy-sell transaction could constitute “taking property from another under circumstances not amounting to robbery, including theft and larceny,” the Court finds that these…”
Watson v. State (1994)
nev · cites it 2×
“Under NRS 205.0832(3), part of Nevada’s general theft statute, the state must prove that a person knowingly caused the unlawful transfer of property or services through a misrepresentation.”
City of Oakland v. Desert Outdoor Advertising, Inc. (2011)
nev · cites it 2×
“[9] Our conclusion that the judgment is unenforceable renders moot the question of whether the doctrine of equitable estoppel bars Desert Outdoor's attempt to set aside the domesticated judgment under NRCP 60(b)(4).”
— Nev. Rev. Stat. § 205.0832(1) — 7 cases
Walch v. State (1996)
nev
“Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or…”
— Nev. Rev. Stat. § 205.0832(1)(b) — 5 cases
— Nev. Rev. Stat. § 205.0832(1)(c) — 4 cases
Ibarra v. State (2018)
nev
“Alternatively, he could be convicted of NRS 205.0832(1)(c) for obtaining E.M.'s property by making a "representation or statement .”
— Nev. Rev. Stat. § 205.0832(2) — 1 case
Walch v. State (1996)
nev
“Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or…”
— Nev. Rev. Stat. § 205.0832(3) — 2 cases
State v. Hancock (1998)
nev
“Counts III through X each allege violations of NRS 205.0832"Actions which constitute theft.”
Watson v. State (1994)
nev
“Under NRS 205.0832(3), part of Nevada’s general theft statute, the state must prove that a person knowingly caused the unlawful transfer of property or services through a misrepresentation.”
— Nev. Rev. Stat. § 205.0832(7) — 1 case
Siragusa v. Brown (1998)
nev
“[17] Beckley's brief asserts that one of the asserted predicate crimes was NRS 205.0832(7), which provides that taking property in which another holds a security interest with intent to defraud that person constitutes theft.”
— Nev. Rev. Stat. § 205.0832(c) — 1 case
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