It is unlawful in Nevada either to rent personal property on false pretenses or to fail to return rented property when the lease is up. This crime — called conversion — may carry hefty prison terms, fines, and restitution. But a seasoned Las Vegas criminal defense lawyer may be able to persuade the prosecutor to reduce or dismiss the charges without a trial.

This article provides a summary of the Las Vegas offense of conversion of rented or leased property. Keep reading to learn about the definition, defenses, and penalties.

Definition

The legal definition of “conversion of rented or leased personal property” in Las Vegas, Nevada, makes it a crime either:

1. To commit fraud in order to rent personal property, or
2. To fail intentionally to return rented property

Both of these are discussed below. But note that “personal property” does not include land or buildings. Instead, personal property refers to any kind of movable good, such as jewelry, clothes, furniture, electronics, etc.

1) Fraudulently obtaining rented property

It is a crime in Nevada for a person who is renting any personal property to obtain or retain possession of the property by fraudulent representation, concealment, pretense, impersonation, trick, artifice, or device, including (but not limited to) a false representation as to his/her:

• name,
• residence,
• employment, or
• operator’s license

2) Intentionally failing to return rented property

It is a crime in Nevada for a person (the lessee) not to return rented property to the owner (the lessor) if all of the following conditions are true:

• the lessee and lessor had a written agreement that provides for the return of the personal property to a particular place at a particular time, and
• the lessee fails to return the personal property to such place within the time specified, and
• the lessee has the intent to defraud the lessor or to retain possession of such property without the lessor’s permission, and
• the lessor writes a letter to the lessee demanding the return of the property, and this letter is sent through registered mail to the address in the original agreement (or if no address was listed, to the last known place of residence), and
• the lessee fails to return the property to any place of business of the lessor within 72 hours of this written demand.

Note that the court will presume a defendant had “intent to defraud” if the defendant failed to return the personal property to the place specified in the agreement.

Examples

Typical examples of NRS 205.940 violations in Las Vegas, Nevada, include:

• Not returning a video to a video store
• Not returning a tuxedo to a tuxedo rental store
• Not returning jewelry on loan to a jewelers

Note that failing to return a rental car is usually prosecuted under Nevada embezzlement laws, not conversion. However, the penalties would be the same.

Defenses

There are many arguments a criminal defense lawyer can use when fighting a Nevada charge for the conversion of rented or leased property. Below is a sampling of these defense strategies:

• There was no written agreement. A defendant cannot be held liable for failing to return rental property if there was no written agreement specifying the time and place of return. As long as the prosecutor cannot prove there was a written agreement authorized by the defendant, the case should be dismissed.
• The property belonged to the defendant. A defendant cannot be criminally liable for converting his/her own property. If the defense attorney can show that the agreement was to buy and not rent the property, then conversion charges cannot stand.
• There is insufficient evidence. Prosecutors bear the burden to prove a defendant’s guilt beyond a reasonable doubt in order for the defendant to be convicted. If the defense attorney can show that the prosecutor’s evidence is not reliable, persuasive, or sufficient, then the state may drop the conversion charges for lack of proof.

Penalties

Violations of NRS 205.940 are punished just like larceny convictions in Nevada. The specific sentence depends on the rental property’s monetary value:

If the value is less than $1,200, it is a misdemeanor. The sentence carries:

• up to 6 months in jail, and/or
• up to $1,000 in fines, and
• restitution

If the value is at least $1,200 but less than $5,000, it is a category D felony. The sentence carries:

• restitution, and
• one to four (1 – 4) years in Nevada State Prison, and
• up to $5,000 in fines (at the judge’s discretion)

If the value is at least $5,000 to less than $25,000, it is prosecuted as a category C felony. The punishment includes:

• restitution, and
• one to five (1 – 5) years in prison, and
• a fine of up to $10,000

If the value is at least $25,000 to less than $100,000, it is prosecuted as a category B felony. The punishment includes:

• restitution, and
• one to ten (1 – 10) years in prison, and
• a fine of up to $10,000

If the value is $100,000 or higher, it is prosecuted as a category B felony. The punishment includes:

• restitution, and
• one to ten (1 – 20) years in prison, and
• a fine of up to $15,000

Immigration consequences

Immigrants convicted of conversion of rented or leased property in Nevada could possibly be deported for it depending on the case. So it is very important that aliens who are charged with conversion retain a criminal defense attorney to try to plead down the case to non-removable charges.