NRS
205.275 Offense involving stolen property: Definition; penalty;
restitution; prima facie evidence; determination of value of property.
1. Except as otherwise provided in NRS 501.3765, a person commits an offense
involving stolen property if the person, for his or her own gain or to prevent
the owner from again possessing the owner’s property, buys, receives, possesses
or withholds property:
(a) Knowing that it is stolen property; or
(b) Under such circumstances as should have
caused a reasonable person to know that it is stolen property.
2. A person who commits an offense
involving stolen property in violation of subsection 1:
(a) If the value of the property is less than
$1,200, is guilty of a misdemeanor;
(b) If the value of the property is $1,200 or
more but less than $5,000, is guilty of a category D felony and shall be
punished as provided in NRS 193.130;
(c) If the value of the property is $5,000 or
more but less than $25,000, is guilty of a category C felony and shall be
punished as provided in NRS 193.130;
(d) If the value of the property is $25,000 or
more but less than $100,000 or if the property is a firearm, is guilty of a
category B felony and shall be punished 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; or
(e) If the value of the property is $100,000 or
more, is guilty of a category B felony and shall be punished 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.
3. In addition to any other penalty, the
court shall order the person to pay restitution.
4. A person may be prosecuted and
convicted pursuant to this section whether or not the principal is or has been
prosecuted or convicted.
5. Possession by any person of three or
more items of the same or a similar class or type of personal property on which
a permanently affixed manufacturer’s serial number or manufacturer’s
identification number has been removed, altered or defaced, is prima facie
evidence that the person has violated this section.
6. For the purposes of this section, the
value of the property involved shall be deemed to be the highest value
attributable to the property by any reasonable standard.
7. As used in this section, “stolen
property” means property that has been taken from its owner by larceny,
robbery, burglary, embezzlement, theft or any other offense that is a crime
against property, whether or not the person who committed the taking is or has
been prosecuted or convicted for the offense.
[1911 C&P § 383; A 1951,
29]—(NRS A 1967,
502; 1971,
925; 1979,
561, 1445;
1989,
1434; 1995,
13, 1223,
1323;
1997,
344; 1999,
402; 2011,
166; 2013,
1003; 2019,
4433)
Notes of Decisions
Cited in
49
cases (
5 in the last 5 years), 1965–2024 · leading case:
Lord v. State, 806 P.2d 548 (Nev. 1991).
Lord v. State, 806 P.2d 548 (Nev. 1991).
· cites it 4× “2715, it seems clear that the statute defense counsel was referring to was NRS 205.275, which proscribes "receiving, possessing or withholding stolen goods.”
Seim v. State, 590 P.2d 1152 (Nev. 1979).
· cites it 2× “Appellant's prior conviction was entered on a plea of guilty to the felony charge of attempted possession of a stolen vehicle, to-wit: a 1974 Porsche.”
Rice v. State, 824 P.2d 281 (Nev. 1992).
· cites it 4× “NRS 205.275(1). The district court adjudicated appellant a habitual criminal.”
Stephen Comstock v. Stefanie Humphries, 786 F.3d 701 (9th Cir. 2015).
“See Nev. Rev. Stat. § 205.275 (7). However, Comstock was specifically charged with possession of stolen property “obtained by means of larceny” (emphasis added).”
Sturrock v. State, 604 P.2d 341 (Nev. 1979).
· cites it 2× “NRS 205.275. We recognize three issues as meriting discussion.”
Whitney v. State, 915 P.2d 881 (Nev. 1996).
“Whitney was arrested and charged with one count of receiving, possessing, or withholding stolen goods, a felony as defined by NRS 205.275. A jury trial was held. The State attempted to demonstrate that Whitney knew the rifle was stolen by introducing evidence suggesting that…”
Point v. State, 717 P.2d 38 (Nev. 1986).
“By enacting the statute addressing the receipt or possession of stolen property, NRS 205.275, it is apparent that the Legislature sought to reach and punish those who unlawfully receive or possess stolen property from the initial wrongdoer.”
Wright v. State, 499 P.2d 1216 (Nev. 1972).
· cites it 2× “545 would be a different question, about which we express no opinion.) Third, if Las Vegas police had no right to arrest for violations of NRS 482.”
Sparks v. State, 604 P.2d 802 (Nev. 1980).
“165), and one count of possessing stolen property (NRS 205.275). On February 27, 1976, the two victims were asleep in a van parked in Lake Mead Recreational Area.”
Barnett v. State, 616 P.2d 1107 (Nev. 1980).
· cites it 2× “: A jury convicted appellant of possession of stolen property, a violation of NRS 205.275. 1 On May 8, 1977, police officers recovered a stolen 19-inch color television set from Gloria Phillips.”
Stowe v. State, 857 P.2d 15 (Nev. 1993).
“060, and one count of possession of stolen property in violation of NRS 205.275. The district court sentenced appellant to serve two consecutive terms of ten years in the Nevada State Prison.”
Palmer v. State, 920 P.2d 112 (Nev. 1996).
“Baker and two other suspects were arrested for possession of stolen property in violation of NRS 205.275 after police observed them driving up and down a Las Vegas street attempting to sell chainsaws from the vehicle.”
— Nev. Rev. Stat. § 205.275(1) — 4 cases
Rice v. State, 824 P.2d 281 (Nev. 1992).
“NRS 205.275(1). The district court adjudicated appellant a habitual criminal.”
— Nev. Rev. Stat. § 205.275(1)(a) — 1 case
— Nev. Rev. Stat. § 205.275(2)(b) — 2 cases
— Nev. Rev. Stat. § 205.275(2)(c) — 1 case
— Nev. Rev. Stat. § 205.275(3) — 1 case
— Nev. Rev. Stat. § 205.275(l)(b) — 1 case
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.