NRS 205.870 – Overview of the Criminal Charges Associated with Obtaining Child Care with the Intent to Defraud

In Nevada, it is against the law to intentionally participate, initiate, or coordinate fraudulent activity. The laws associated with intentional fraud can be found in Title 15 of the Nevada Code. Title 15 is the section of Nevada law that sets forth the criterion for law enforcement to charge an individual with criminal conduct concerning fraud. It also establishes the penalties for different kinds of wrongful behavior committed within Las Vegas and elsewhere in Nevada.

What Exactly is Considered “Fraud” in Nevada?

It is important to understand the definition of a crime you have been accused of, as well as to determine what possible penalties you could be facing under Title 15 if you were convicted of the crime.

Under state law, fraud is considered to have occurred when someone intentionally misrepresents themselves in order to receive benefits, such as:

  • Services such as childcare;
  • Housing;
  • Money; and/or
  • Insurance

There are many technical legal terms used within Title 15 to establish what prosecutors must prove for defendants to be found guilty of various crimes. One of the terms that you will see in various places throughout Title 15 is intent to defraud. If the prosecutor proves intent to defraud, this could potentially result in your conviction and lead to penalties that are life-changing. It’s thus essential to know exactly what intent to defraud means under the law.

The meaning of intent to defraud is explained in Chapter 193, which is the general provisions chapter of Title 15. The explanation found in N.R.S. 193.040 of intent to defraud is applicable throughout Title 15, so you should make certain you have carefully reviewed this statute. Because understanding legal terms is difficult, as is navigating the entire Nevada criminal code, it’s advisable to reach out to criminal defense lawyers in Las Vegas for help.

What Exactly is Considered “Child Care” in Nevada?

According to NRS 205.870, the term “care” includes board, laundry, lodging, teaching, incidental materials and supplies, necessary articles of apparel or clothing and necessary medical, nursing or hospital service for which a child care establishment is liable. In addition, under this statutory provision, the term “child care establishment” includes any children’s home, day nursery, kindergarten, nursery school or other similar establishments however designated, maintained or operated for the care of children for compensation or hire.

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Obtaining Child Care with the Intent to Defraud the Keeper or Business Owner

According to NRS 205.880, any person who obtains care for any child in any child care establishment with intent to defraud the keeper or proprietor of that establishment is guilty of a misdemeanor. However, this section does not apply where there has been an agreement in writing for delay in payment for a period exceeding 10 days.

Evidentiary Standard for Establishing Intent to Defraud

Pursuant to NRS 205.890, the obtaining of care for a child in a child care establishment by means of any false pretense or representation, knowingly made, or the refusal or willful neglect to pay for that care, or the giving in payment for that care of any negotiable paper on which payment is refused, or the removal of a child from such an establishment without paying or offering to pay for the child’s care, or the surreptitious removal or attempt to remove a child from that establishment, is prima facie evidence of intent to defraud the keeper or proprietor of that establishment.

Potential Penalties

If you are convicted of committing fraud in Nevada, you could be looking at a felony offense. This is extremely serious since felony offenses entail spending time in Nevada State Prison (at least one year, and possibly much longer), paying large fines (at the judge’s discretion), making restitution payments (if applicable), and reimbursing investigation reimbursement costs (if applicable). This is why it is so important to retain the services of an aggressive and knowledgeable Las Vegas criminal defense attorney who possesses a thorough understanding of fraud laws in Nevada.

Potential Defenses That May Be Raised in Your Case

The specific defenses that could be asserted in your case depends on the unique facts of your case. Nevertheless, some of the most common ways to contest fraud charges is to argue that you had no intent to defraud, you were falsely accused, and/or any evidence should be excluded because Nevada police failed to follow proper protocols during the investigation and/or arrest.

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LV Criminal Defense will assist you in understanding intent to defraud, in determining if prosecutors can prove intent to defraud, and in making it difficult or impossible for prosecutors to meet their burden of proof. To find out more about the ways in which our skilled Nevada defense firm can help you to fight charges involving intent to defraud, give us a call today.