Nev. Rev. Stat. » NRS: CHAPTER 205 - CRIMES AGAINST PROPERTY

Nev. Rev. Stat. § 205.130

Issuance of check or draft without sufficient money or credit: Penalties

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NRS 205.130  Issuance of check or draft without sufficient money or credit: Penalties.

      1.  Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:

      (a) Money;

      (b) Delivery of other valuable property;

      (c) Services;

      (d) The use of property; or

      (e) Credit extended by any licensed gaming establishment,

Ê drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of $1,200 or more, the person is guilty of a category D 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.  A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D 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.

      3.  A person who willfully issues any check or draft for the payment of wages in excess of $1,200, when the person knows he or she has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.

      4.  For the purposes of this section, “credit” means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

      [1911 C&P § 407; A 1917, 10; 1925, 346; 1927, 233; 1929, 93; 1941, 308; 1955, 151]—(NRS A 1960, 380; 1961, 58, 309; 1963, 495; 1967, 495; 1969, 1518; 1971, 1336; 1973, 1453; 1975, 755; 1979, 1011; 1983, 856; 1989, 1432; 1995, 1217; 2011, 162; 2019, 4428)

     

Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1965–2021 · leading case: Tuan Ngoc Nguyen v. State
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Tuan Ngoc Nguyen v. State (2000) nev · cites it 17× “Thereafter, these matters were referred for prosecution and the Clark County District Attorney charged Nguyen in three criminal complaints with violations of NRS 205.130. An amended criminal complaint was filed on April 9, 1998, and a preliminary hearing held on April 14, 1998.”
Houk v. State (1987) nev · cites it 2× “NRS 205.130; 205.110. Appellant received three ten-year sentences on the issuance charges, and two ten-year sentences on the uttering charges; all sentences are consecutive.”
LABARBERA VS. WYNN LAS VEGAS, LLC (2018) nev · cites it 2× “Shortly after LaBarbera left Las Vegas, Wynn filed a complaint with the Clark County District Attorney's Office for passing bad checks in violation of NRS 205.130, 1 resulting in a bench warrant being issued for LaBarbera's arrest.”
Fleeger v. Bell (2000) nvd · cites it 8× “Bell and Douglas County District Attorney Scott Doyle (“the District Attorneys”) to collect the debt as a “bad check” under Nev.Rev.Stat. § 205.130. 1 (Am.Compl.1ffl 4, 36, 45.”
Francis v. Wynn Las Vegas, LLC (2011) nev “We have explained that a casino marker is the equivalent of a check for purposes of NRS 205.130(1), the Nevada bad check statute.”
Ross v. Creel Printing & Publishing Co. (2002) calctapp “information and belief one or more attorneys whose names are not yet known but who acted on behalf of the named defendants, caused to be written and sent in the mail to plaintiff a letter informing him that certain checks he allegedly sent to Creel Printing Company on behalf of…”
Schnepp v. State (1976) nev · cites it 4× “Schnepp, with violation of NRS 205.130, issuing a check without sufficient funds or credit, with intent to defraud.”
Hoyt v. Hoffman (1966) nev · cites it 5× “The check was not honored by the bank for lack of funds, and a month later Kim caused a criminal complaint to issue against Hoyt alleging violation of NRS 205.130 (1). Hoyt petitioned for a writ of habeas corpus alleging that the bad check statute was not applicable to checks…”
Morales v. Aria Resort & Casino, LLC (2014) nvd · cites it 2× “bad check(s) for prosecution,” listed the seven Aria markers, noted that passing bad checks is a crime under NRS § 205.130, and threatened criminal prosecution unless Morales submitted full payment of the $500,000 in checks, plus “statutory administrative and penalty fees”…”
Fidler v. Donahue (In Re Fidler) (2010) nvb · cites it 3× “” Nev.Rev.Stat. § 205.130 (20009). Like Gruntz, we hold that there is “no rationale or justification for severing economic and noneconomic ramifications of the debtor’s criminal conduct.”
Garnick v. First Judicial District Court (1965) nev · cites it 2× “NRS 205.130 — set forth in pertinent part in the margin.”
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).”
Show all 27 citing cases →
— Nev. Rev. Stat. § 205.130(1) — 11 cases
Tuan Ngoc Nguyen v. State (2000) nev “Thereafter, these matters were referred for prosecution and the Clark County District Attorney charged Nguyen in three criminal complaints with violations of NRS 205.130. An amended criminal complaint was filed on April 9, 1998, and a preliminary hearing held on April 14, 1998.”
Francis v. Wynn Las Vegas, LLC (2011) nev “We have explained that a casino marker is the equivalent of a check for purposes of NRS 205.130(1), the Nevada bad check statute.”
Fleeger v. Bell (2000) nvd “Bell and Douglas County District Attorney Scott Doyle (“the District Attorneys”) to collect the debt as a “bad check” under Nev.Rev.Stat. § 205.130. 1 (Am.Compl.1ffl 4, 36, 45.”
Hoyt v. Hoffman (1966) nev “The check was not honored by the bank for lack of funds, and a month later Kim caused a criminal complaint to issue against Hoyt alleging violation of NRS 205.130 (1). Hoyt petitioned for a writ of habeas corpus alleging that the bad check statute was not applicable to checks…”
State v. Jarman (1968) nev
— Nev. Rev. Stat. § 205.130(1)(e) — 2 cases
ZAHAVI (HAREL) VS. STATE (2015) nev
ZAHAVI (HAREL) VS. STATE (2015) nev
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