NRS 205.690 – Summary of the Penalties Associated with Obtaining or Possessing a Credit or Debit Card, or Identifying Description of a Credit Card, Credit Account or Debit Card without the Consent of the Cardholder
According to NRS 205.690, it is a category D felony in Nevada to obtain or possess a credit card or debit card, or identifying description of credit card, debit card or credit account without the cardholder’s consent.
The law contains the following subsections:
A person who steals, removes or takes a debit or credit card from a person without their consent, or who, being aware that a credit card or debit card has been taken in such a manner, receives the card with the intent to use, sell, circulate or transfer it to another person, has committed a category D felony and may be punished according to NRS 193.130. You can receive up to one year in prison and a fine of $5000.
A person who possess a debit or credit card without the cardholder’s consent, and with the intent to use, sell, circulate or transfer it also is guilty of a category D felony.
A person who has in his possession two or more credit or debit cards issued in another person’s name is assumed to have gotten and possessed the cards with knowledge that they have been stolen. Also assumed is intent to use, circulate, sell or transfer them with fraudulent intent. The presumption of this subsection does not apply if you hold two or more credit or debit cards that are used for business purposes, or where said possession is with the cardholder’s consent.
The provisions of NRS Section 205.690 are not applicable to a person who works for or is operating a business, such as a bank, credit bureau, collection agency or credit report agency. If you work for such a business, you may, without intent to defraud, lawfully provide to other parties or obtain the number of a debit card, credit card or credit account during regular business related to a financial transaction with a customer.
Defenses for Crimes Described in NRS Section 205.690
Being charged with this crime is a serious matter, but there are possible defenses. Once you have retained a Las Vegas criminal defense attorney, he will work to build the most rigorous defense possible. Some possible defenses include:
You had no intent to defraud. Your attorney can argue that you had possession of another person’s card but had no intent to defraud.
A common point in these cases is where the accused claims he had the consent of the other party to possess the credit card or debit card. If your attorney can prove this to be the case, this charge could be dismissed.
Have You Been Charged Under NRS 205.690? Contact an Experienced and Skilled Criminal Defense Lawyer in Las Vegas Now
If you have been charged with the crime of obtaining or possessing credit card or debit card, or identifying description of credit card, credit account or debit card without consent of cardholder, you face serious criminal consequences. You can get up to a year in jail and a $5000 fine. In addition, you may find it challenging to find employment with a category D felony on your record. That is why you should take such charges in Nevada very seriously. The consequences of a felony conviction could haunt your life for years. Contact our Las Vegas office today for a free consultation.
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Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
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