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Credit cards and debit cards

NRS 205.760 Criminal Statutes Involving Credit Cards and Debit Cards

Getting charged with credit card or debit card theft or illegally using another individual’s financial information is extremely serious and can result in harsh penalties, if convicted. This is why you should sit down with an experienced Las Vegas defense lawyer to discuss your legal options.

According to NRS 205.760, credit or debit card fraud is considered to be the intentional misuse of card information to the financial detriment of another person or business entity. Common types of credit card fraud include:

  • Possessing another person’s credit or debit card without consent in Nevada
  • Using a credit or debit card that has been revoked or expired
  • Lying on a credit or debit card application

Credit card theft or fraud is a serious offense. In fact, most credit card fraud cases are prosecuted as a category D felony in Nevada. If convicted, the punishment may include having to serve between one and four years in a Nevada State Prison and possibly having to pay a $5,000 in fines.

The information below provides an important overview of the statutory provisions related to credit card and debit card crimes.

Obtaining a Credit Card Through Fraudulent Means

Pursuant to NRS 205.680, making a false statement to procure the issuance of a credit card or debit card is illegal. Specifically, any person who, for the purpose of procuring the issuance of a credit card or debit card, makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false, with intent that it be relied on respecting his or her identity or financial condition or the identity or financial condition of any other person, firm or corporation is guilty of a gross misdemeanor.

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Obtaining Another Person’s Credit Card Information Without Their Consent

 Pursuant to NRS 205.690, it is against the law to possess other people’s credit cards without their consent if you intend to use the card for fraudulent activities. A person can be convicted of this crime even if they never use the card to actually make a purchase. If you merely have the intent to defraud, then possessing the credit card is a criminal act. Here is the specific statutory language.

      1.  A person who steals, takes or removes a credit card or debit card from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that a credit card or debit card has been so taken, removed or stolen receives the credit card or debit card with the intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, 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 possesses a credit card or debit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card or debit card with the intent to defraud 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 has in his or her possession or under his or her control two or more credit cards or debit cards issued in the name of another person is presumed to have obtained and to possess the credit cards or debit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards or debit cards used in the regular course of the possessor’s business or employment or where the possession is with the consent of the cardholder.

      4.  The provisions of this section do not apply to a person employed by or operating a business, including, but not limited to, a bank or other financial institution, credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying physical or electronic description of a credit card, debit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.

      5.  As used in this section:

      (a) “Credit card” includes, without limitation, the number or other identifying physical or electronic description of a credit card or credit account.

      (b) “Debit card” includes, without limitation, the number or other identifying physical or electronic description of a debit card.

 

Take Action Today by Contacting a Skilled Las Vegas Criminal Defense Attorney

If you or a family member has been charged with allegedly committing a crime in Las Vegas, NV involving the alleged fraudulent use or theft of a credit or debit card, now is the time to take action by speaking to an attorney with our law firm. We offer free, confidential case reviews.

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