Nevada § 205.380 - Obtaining money, property, rent or labor by false pretenses

§ 205.380. 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, 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.