NRS
205.463 Obtaining and using personal identifying information of another
person to harm or impersonate person, to obtain certain nonpublic records or
for other unlawful purpose; penalties; rebuttable inference that possessor of
personal identifying information intended to unlawfully use such information.
1. Except as otherwise provided in
subsections 2 and 3, a person who knowingly:
(a) Obtains any personal identifying information
of another person; and
(b) With the intent to commit an unlawful act,
uses the personal identifying information:
(1) To harm that other person;
(2) To represent or impersonate that other
person to obtain access to any personal identifying information of that other
person without the prior express consent of that other person;
(3) To obtain access to any nonpublic
record of the actions taken, communications made or received by, or other
activities or transactions of that other person without the prior express
consent of that other person; or
(4) For any other unlawful purpose,
including, without limitation, to obtain credit, a good, a service or anything
of value in the name of that other person,
Ê 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 may be further punished by a fine of not more than $100,000.
2. Except as otherwise provided in
subsection 3, a person who knowingly:
(a) Obtains any personal identifying information
of another person; and
(b) Uses the personal identifying information to
avoid or delay being prosecuted for an unlawful act,
Ê is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
3. A person who violates:
(a) Subsection 1 or 2 by obtaining and using the
personal identifying information of an older person or a vulnerable person;
(b) Subsection 1 or 2 by obtaining and using the
personal identifying information of five or more persons;
(c) Subsection 1 or 2 by causing another person
to suffer a financial loss or injury of $3,000 or more as a result of the
violation; or
(d) Subsection 2 to avoid or delay being
prosecuted for an unlawful act that is punishable as a category A felony or
category B felony,
Ê 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 3 years and a maximum term of not more than
20 years, and may be further punished by a fine of not more than $100,000.
4. In addition to any other penalty, the
court shall order a person convicted of violating subsection 1 to pay
restitution, including, without limitation, any attorney’s fees and costs
incurred to:
(a) Repair the credit history or rating of the
person whose personal identifying information the convicted person obtained and
used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation
incurred by the person whose personal identifying information the convicted
person obtained and used in violation of subsection 1.
5. Proof of possession of the personal
identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable
inference that the possessor intended to use such information in violation of
this section.
(Added to NRS by 1999,
1344; A 2003,
1357; 2005,
2499; 2007,
2169)
Notes of Decisions
Bisch v. Las Vegas Metro. Police Dep't, 302 P.3d 1108 (Nev. 2013).
· cites it 2× “After hearing a cursory description of Bisch’s conduct over the phone, a deputy district attorney informed the IA investigator that Bisch may have committed identity theft, a felony under NRS 205.463. The IA investigator concluded his investigation by generating a report that…”
Davis (Diane) v. State (Nev. 2017).
· cites it 3× “I Third, Davis argues that the district court erred in instructing the jury on the elements of NRS 205.463. 1 She asserts that the instruction failed to inform the jury that it must find that Davis willfully and unlawfully obtained the personal information of her sister or…”
Gravelle (Daniel) Vs. State, 485 P.3d 750 (Nev. 2021).
· cites it 2× “"2 NRS 205.463(2). The flight evidence involved the defendant fleeing 2Appellant does not argue that the district court should have bifurcated this charge from the remaining charges, and we therefore do not address that issue.”
Toussaint (Annissa) Vs. State, 485 P.3d 1262 (Nev. 2021).
· cites it 2× “[w]ith the intent to commit an unlawful act, uses the personal identifying information" to harm that person, impersonate that person, or for any other unlawful purpose (emphasis added)).”
Mosby v. Baker (D. Nev. 2019).
“330(1) (attempt defined), and used the identification of another to delay or avoid prosecution, NRS 205.463(2) (obtaining and using personal 8 identification information of another defined).”
Mosby (Marvin) v. State (Nev. 2013).
“690(1) (obtaining credit or debit card without consent of cardholder), attempted to take property from another, MRS 205.”
Vanwinkle (Gene) v. State (Nev. 2015).
“NRS 205.463(1) provides, in relevant part, that a person who knowingly "[o]btains any personal identifying information of another person" and intentionally uses that information for any unlawful purpose is guilty of a felony.”
— Nev. Rev. Stat. § 205.463(1) — 2 cases
Toussaint (Annissa) Vs. State, 485 P.3d 1262 (Nev. 2021).
“[w]ith the intent to commit an unlawful act, uses the personal identifying information" to harm that person, impersonate that person, or for any other unlawful purpose (emphasis added)).”
Vanwinkle (Gene) v. State (Nev. 2015).
“NRS 205.463(1) provides, in relevant part, that a person who knowingly "[o]btains any personal identifying information of another person" and intentionally uses that information for any unlawful purpose is guilty of a felony.”
— Nev. Rev. Stat. § 205.463(2) — 4 cases
Gravelle (Daniel) Vs. State, 485 P.3d 750 (Nev. 2021).
“"2 NRS 205.463(2). The flight evidence involved the defendant fleeing 2Appellant does not argue that the district court should have bifurcated this charge from the remaining charges, and we therefore do not address that issue.”
Davis (Diane) v. State (Nev. 2017).
“I Third, Davis argues that the district court erred in instructing the jury on the elements of NRS 205.463. 1 She asserts that the instruction failed to inform the jury that it must find that Davis willfully and unlawfully obtained the personal information of her sister or…”
Mosby v. Baker (D. Nev. 2019).
“330(1) (attempt defined), and used the identification of another to delay or avoid prosecution, NRS 205.463(2) (obtaining and using personal 8 identification information of another defined).”
Mosby (Marvin) v. State (Nev. 2013).
“690(1) (obtaining credit or debit card without consent of cardholder), attempted to take property from another, MRS 205.”
— Nev. Rev. Stat. § 205.463(3)(d) — 1 case
Davis (Diane) v. State (Nev. 2017).
“I Third, Davis argues that the district court erred in instructing the jury on the elements of NRS 205.463. 1 She asserts that the instruction failed to inform the jury that it must find that Davis willfully and unlawfully obtained the personal information of her sister or…”
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