Under Nevada State NRS 207.195 it is a crime to use monies derived from unlawful activity. As a rule, states generally do not condone the use of ill-gotten gains, which is money derived through illegal activities. Many states make it a crime to use the ill-gotten gains in any form. The crime of “use of monetary instruments derived from unlawful activities” is Nevada’s version of that statute.
This page will explain what the crime of use of monetary instruments derived from unlawful activity is, how to defend against this charge, and the potential penalties one might face if convicted of the crime.
Under NRS 207.195 it is crime to use a monetary instrument gained through unlawful activity in order to:
It is also a crime under NRS 207.195 to transport the monetary instrument gained from unlawful activity if the person transporting the monetary instrument knows that it was gained through unlawful activity.
There are a few key provisions of this statute. First, the unlawful activity the money is derived from must itself be a felony. If the money is derived from unlawful activity that is only a misdemeanor, the statute cannot apply. Second “monetary instruments” is very broad and includes essentially all monetary instruments including cash checks, money order, precious metal or stones, or anything other instrument. It also includes the monetary instruments themselves or any proceeds gained either directly or indirectly from the instrument. As an example, if there are diamonds gained through unlawful activity and those diamonds are sold, the proceeds from the sale of the diamonds still count as a monetary instrument gained through unlawful activity and thus fall under the statute.
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If you or a loved one have been charged with this crime in Nevada it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against this charge:
Potential Penalty for Committing a violation of NRS 207.195The crime of using monies derived from unlawful activity is a class D felony crime. As such, if convicted, a person can face:
It is important to note that a charge for using monies derived from unlawful activity, though a misdemeanor itself is often an “add on” charge. The money must be gained through unlawful activity and often a person is charged for both the unlawful activity and a charge of using monies derived from unlawful activity.
For example, if a person committed armed robbery and then was arrested while trying to flee from police, they could be charged with armed robbery, a felony, and using monies derived from unlawful activity, a second felony.
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