Nevada NRS § 205.380 prohibits “obtaining money, property, rent, or labor by false pretenses.” This means deceiving another person to cheat that person out of valuable items. The penalties depend on the value of the property obtained.
Common examples of obtaining money by false pretenses include:
- Getting paid for a job that the person did not do;
- Selling property that the seller does not give the buyer after payment; or
- A landlord receiving rent money while keeping the premises inaccessible to the tenant
In this article, our Las Vegas Nevada criminal defense attorneys answer frequently asked questions about NRS 205.380 violations.
- 1. What are the penalties?
- 2. What are the defenses?
- 3. What are the immigration consequences?
- 4. Can the record be sealed?
NRS 205.380 makes it a crime to intentionally take something of value by deceiving someone else.
1. What are the penalties?
The punishment for violating NRS 205.380 depends on the amount of money that was illegally obtained.1
| Amount of money obtained by false pretenses | Nevada penalties |
|---|---|
| Less than $1,200 | Misdemeanor:
|
| $1,200 to less than $5,000 | category D felony
|
| $5,000 to less than $25,000 | category C felony
|
| $25,000 to less than $100,000 | category B felony
|
| $100,000 or more | category B felony
|
2. What are the defenses?
Two common defense strategies to Nevada charges of obtaining money by false pretenses are the following.
- The defendant had no intent to defraud; or
- The defendant received nothing of value
No intent to defraud
NRS 205.380 is an intent crime. If the defendant had no intent to defraud the victim, then he/she is not guilty.2
Example: In 1993, the Nevada Supreme Court heard a case involving a bank account holder who discovered an extra $5,000 in her account. She reported the money to the bank. And the bank employees assured her that she may withdraw the money and keep it. She proceeded to withdraw the cash from an ATM and was then arrested. But the court said she committed no crime because she had no intent to defraud the bank.3
It is challenging for prosecutors to prove intent to defraud because the defendant’s state of mind is invisible. Instead, prosecutors rely on circumstantial evidence such as recorded communications, eyewitnesses, and video surveillance.
The defendant received nothing of value
Even if the defendant intends to swindle someone, he/she cannot violate NRS 205.380 if he/she obtains nothing of value.
Example: Max promises to landscape Henry’s backyard for $2,000. Max never has any intention of doing the job. He intends to take the money and run. But before Henry can cut him a check, he changes his mind and decides to hire someone else. Even though Max had intent to defraud, he did not violate NRS 205.380 because he obtained nothing for his false pretenses.
In every criminal case, the prosecution has the burden to prove guilt beyond a reasonable doubt. If the defense attorney can show that the state’s evidence is too weak, the charge may be reduced or dismissed.
3. What are the immigration consequences?
Obtaining someone of value through false pretenses may qualify as a crime involving moral turpitude.4 This means that non-citizens convicted of it may be deported after their sentence ends.
Immigrants facing criminal charges are encouraged to seek legal counsel right away. An experienced attorney may be able to get NRS 205.380 charges dismissed or reduced to a non-deportable offense.
4. Can the record be sealed?
Yes. Misdemeanor convictions may be sealed in Nevada one year after the case ends. Category D, C, or B felony convictions may be sealed five years after the case ends. And if the charge gets dismissed, the defendant can petition for a record seal right away.5
Learn more about sealing Nevada criminal records.
Also see our related articles on credit card fraud (NRS 205.760) and fraudulent conveyance (NRS 205.330 & NRS 205.355).
In California? See our article Penal Code 532 PC.
In Colorado? See our articles on Colorado misdemeanor theft and Colorado felony theft.
Legal References
- NRS 205.380. The language of the statute reads as follows:
Obtaining money, property, rent or labor by false pretenses.
1. A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his or her employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
(a) If the value of the thing or labor fraudulently obtained was less than $1,200, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained if it can be done, or tender payment for rent or labor.
(b) If the value of the thing or labor fraudulently obtained was $1,200 or more but less than $5,000, for a category D felony as provided in NRS 193.130.
(c) If the value of the thing or labor fraudulently obtained was $5,000 or more but less than $25,000, for a category C felony as provided in NRS 193.130.
(d) If the value of the thing or labor fraudulently obtained was $25,000 or more but less than $100,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
(e) If the value of the thing or labor fraudulently obtained was $100,000 or more, for a category B felony 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 by a fine of not more than $15,000.
2. In addition to any other penalty set forth in paragraph (b), (c), (d) or (e) of subsection 1, the court shall order the person to pay restitution.
3. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,
Ê stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
4. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.
5. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property, rent or labor fraudulently obtained was less than $1,200, as a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
2. If the value of the property, rent or labor fraudulently obtained was $1,200 or more but less than $5,000, as a category D felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. If the value of the property, rent or labor fraudulently obtained was $5,000 or more but less than $25,000, as a category C felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
4. If the value of the property, rent or labor fraudulently obtained was $25,000 or more but less than $100,000, as a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
5. If the value of the property, rent or labor fraudulently obtained was $100,000 or more, as a category B felony 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 by a fine of not more than $15,000.
- Amen v. State, 106 Nev. 749, 801 P.2d 1354 (1990).
- Schertz v. State, 109 Nev. 377, 849 P.2d 1058 (1993).
- See, for example, Matter of D, 2 I. & N. Dec. 836 (BIA 1947).
- NRS 179.245; NRS 179.255.