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

Nev. Rev. Stat. § 205.300

Definition; punishment

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NRS 205.300  Definition; punishment.

      1.  Any bailee of any money, goods or property, who converts it to his or her own use, with the intent to steal it or to defraud the owner or owners thereof and any agent, manager or clerk of any person, corporation, association or partnership, or any person with whom any money, property or effects have been deposited or entrusted, who uses or appropriates the money, property or effects or any part thereof in any manner or for any other purpose than that for which they were deposited or entrusted, is guilty of embezzlement, and shall be punished in the manner prescribed by law for the stealing or larceny of property of the kind and name of the money, goods, property or effects so taken, converted, stolen, used or appropriated.

      2.  The value of all the money, goods, property or effects misappropriated in separate acts of embezzlement must be combined for the purpose of imposing punishment for the offense charged if:

      (a) The separate acts were committed against the same person within 6 months before the offense;

      (b) None of the individual acts is punishable as a felony; and

      (c) The cumulative value of all the money, goods, property and effects misappropriated is sufficient to make the offense punishable as a felony.

      3.  Any use of the money, goods or property by any bailee thereof, other than that for which it was borrowed, hired, deposited, carried, received or collected, is prima facie evidence of conversion and of intent to steal the same and defraud the owner or owners thereof.

      4.  The term “bailee,” as used in this section, means all persons with whom any money, goods or property has been deposited, all persons to whom any goods or property has been loaned or hired, all persons to whom any goods or property has been delivered, and all persons who are, either as agent, collector or servant, empowered, authorized or entrusted to carry, collect or receive any money, goods or property of another.

      [1911 C&P § 388; RL § 6653; NCL § 10340]—(NRS A 1985, 978)

     

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1963–2023 · leading case: Teamsters Local 533 v. Schultz (In Re Schultz)
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Teamsters Local 533 v. Schultz (In Re Schultz) (1985) nvb · cites it 9× “” The general definition of embezzlement is found at Nev. Rev.Stat. § 205.300, which imposes criminal liability on an agent who uses or appropriates property for any purpose other than that for which it was deposited or entrusted.”
Arajakis v. State (1992) nev · cites it 8× “) NRS 205.300 only requires the State to establish a bailment; it does not require the State to show that an embezzler was a fiduciary.”
G.K. Las Vegas Ltd. Partnership v. Simon Property Group, Inc. (2006) nvd · cites it 5× “Nev.Rev.Stat. § 205.300. Defendants argue that nowhere in the SAC does Plaintiff allege that either Melvin or Herbert Simon was entrusted with any money, goods, or property-i.”
Walsh v. State (1994) nev · cites it 15× “*1386 OPINION Per Curiam: A jury convicted John Joseph Walsh (“Walsh”) of embezzlement pursuant to NRS 205.300. Walsh drove a truck belonging to one of his customers off the premises of his automobile repair shop and subsequently got into an accident which completely destroyed…”
Martin v. Sears, Roebuck and Co. (1995) nev · cites it 2× “These acts could be viewed as constituting a serious crime, see NRS 205.300 and NRS 205.220, but certainly the admitted acts of Martin establish the mishandling of cash and failure to follow company policies.”
Batin v. State (2002) nev · cites it 4× “[7] NRS 205.300(1) (emphasis added). [8] See 3 Charles E.”
State v. Boueri (1983) nev · cites it 3× “We therefore find persuasive the state’s initial argument that Boueri qualified as a “bailee,” “agent,” and “person with whom any money, property or effects shall have been deposited or entrusted,” as those words are used in NRS 205.300. This, coupled with the fact that Boueri…”
Siragusa v. Brown (1998) nev “220), embezzlement (NRS 205.300), obtaining money or property under false pretenses (NRS 205.”
Barron v. State (1989) nev “2d 262, 263 (1970); NRS 205.300(1). “The act *775 of diverting carries its built-in intent that speaks for itself, that is, the performance of the act, such as using money .”
State v. Benigas (1979) nev · cites it 4× “Respondents were charged by indictments with embezzlement (NRS 205.300 1 ) and conspiracy to commit embezzlement (NRS 199.”
G.K. Las Vegas Ltd. Partnership v. Simon Property Group, Inc. (2006) nvd · cites it 4× “Nev.Rev.Stat. § 205.300. As an initial matter, Plaintiff is without standing to assert any claims that Defendants embezzled FDLP funds or property.”
Rose v. State (1970) nev · cites it 2× “NRS 205.300 1 defining embezzlement is such a *557 legislative enactment.”
Show all 35 citing cases →
— Nev. Rev. Stat. § 205.300(1) — 6 cases
Arajakis v. State (1992) nev “) NRS 205.300 only requires the State to establish a bailment; it does not require the State to show that an embezzler was a fiduciary.”
Batin v. State (2002) nev “[7] NRS 205.300(1) (emphasis added). [8] See 3 Charles E.”
Barron v. State (1989) nev “2d 262, 263 (1970); NRS 205.300(1). “The act *775 of diverting carries its built-in intent that speaks for itself, that is, the performance of the act, such as using money .”
Walsh v. State (1994) nev “*1386 OPINION Per Curiam: A jury convicted John Joseph Walsh (“Walsh”) of embezzlement pursuant to NRS 205.300. Walsh drove a truck belonging to one of his customers off the premises of his automobile repair shop and subsequently got into an accident which completely destroyed…”
Anderson v. Baca (2020) nvd
— Nev. Rev. Stat. § 205.300(3) — 2 cases
Arajakis v. State (1992) nev “) NRS 205.300 only requires the State to establish a bailment; it does not require the State to show that an embezzler was a fiduciary.”
Walsh v. State (1994) nev “*1386 OPINION Per Curiam: A jury convicted John Joseph Walsh (“Walsh”) of embezzlement pursuant to NRS 205.300. Walsh drove a truck belonging to one of his customers off the premises of his automobile repair shop and subsequently got into an accident which completely destroyed…”
— Nev. Rev. Stat. § 205.300(4) — 3 cases
Walsh v. State (1994) nev “*1386 OPINION Per Curiam: A jury convicted John Joseph Walsh (“Walsh”) of embezzlement pursuant to NRS 205.300. Walsh drove a truck belonging to one of his customers off the premises of his automobile repair shop and subsequently got into an accident which completely destroyed…”
Anderson v. Baca (2020) nvd
Evans v. Nye County Sheriff's Office (2023) nvd
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