Nev. Rev. Stat. § 205.380

Obtaining money, property, rent or labor by false pretenses

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NRS 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:

      (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,

Ê 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:

 

      The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure 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 of nonpayment is punishable:

      1.  If the value of the property, rent or labor fraudulently obtained was less than $1,200, as a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

      2.  If the value of the property, rent or labor fraudulently obtained was $1,200 or more but less than $5,000, as a category D 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 4 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  If the value of the property, rent or labor fraudulently obtained was $5,000 or more but less than $25,000, as a category C 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 5 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      4.  If the value of the property, rent or labor fraudulently obtained was $25,000 or more but less than $100,000, as 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.

      5.  If the value of the property, rent or labor fraudulently obtained was $100,000 or more, as 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.

 

      [1911 C&P § 439; A 1951, 29]—(NRS A 1967, 504; 1977, 1416; 1979, 1072, 1446, 1713; 1981, 2017; 1985, 251, 456; 1989, 1436; 1993, 1518; 1995, 1224; 1997, 9; 1999, 397; 2005, 1082; 2011, 168; 2019, 4435)

     

Notes of Decisions
Cited in 41 cases, 1960–2020 · leading case: Rummel v. Estelle
Rummel v. Estelle (1980) scotus · cites it 2× “§§ 94-2701 (1), 94-2704 (1), 94-2706 (1947) (1 to 14 years); Nev. Rev. Stat. §§ 205.380 , 205.380 (1) (1977) (fine or 1 to 10 years); N.”
Adler v. State (1979) nev · cites it 8× “00 for transfer and storage of personal property in a warehouse Adler owned.”
Hale v. Burkhardt (1988) nev · cites it 6× “Presumably (although not specifically charged) the “predicate crimes” upon which the RICO cause of action is based are *637 violations of NRS 205.380, obtaining money, property or labor under false pretenses.”
Amen v. State (1990) nev · cites it 5× “080, 4 conditioning a prize upon a purchase, a misdemeanor, is a lesser included offense of NRS 205.380, 5 obtaining money under false pretenses, a felony.”
G.K. Las Vegas Ltd. Partnership v. Simon Property Group, Inc. (2006) nvd · cites it 4× “Nev.Rev.Stat. § 205.380. In order to prevail on a claim for false pretenses, a party must establish the following elements: 1) intent to defraud; 2) a false representation; 6 3) reliance on that representation; and, 4) that the victim be defrauded.”
Siragusa v. Brown (1998) nev · cites it 2× “300), obtaining money or property under false pretenses (NRS 205.380), perjury or subornation of perjury (NRS 199.”
G.K. Las Vegas Ltd. Partnership v. Simon Property Group, Inc. (2006) nvd · cites it 8× “380 of the Nevada Revised Statutes provides that: 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…”
Bryant v. State (1986) nev “15852 Dvorak pleaded guilty to the crime of obtaining money under false pretenses in violation of NRS 205.380. Shortly thereafter, Dvorak filed a motion to withdraw his guilty plea in the district court, but the district court denied the motion and this appeal followed.”
Margetts v. State (1991) nev · cites it 2× “NRS 205.380. Margetts next contends that Shirley's testimony regarding his prior act should have been excluded because it was too remote in time.”
Buckner v. State (1979) nev · cites it 3× “, was convicted by jury verdict of obtaining money by false pretenses (NRS 205.380), and attempting to obtain money by false pretenses (NRS 208.”
Barron v. State (1989) nev “See NRS 205.380. Instruction No. 14 set out the specific elements of the crime.”
Ibarra v. State (2018) nev · cites it 2× “240 (petit larceny); NRS 205.380 (obtaining property "by false pretenses").”
— Nev. Rev. Stat. § 205.380(1) — 7 cases
Ibarra v. State (2018) nev “240 (petit larceny); NRS 205.380 (obtaining property "by false pretenses").”
— Nev. Rev. Stat. § 205.380(1)(a) — 1 case
Anderson v. Baca (2020) nvd
— Nev. Rev. Stat. § 205.380(a) — 1 case
Anderson v. Baca (2020) nvd
— Nev. Rev. Stat. § 205.380(l)(a) — 1 case
Amen v. State (1990) nev “080, 4 conditioning a prize upon a purchase, a misdemeanor, is a lesser included offense of NRS 205.380, 5 obtaining money under false pretenses, a felony.”
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