A Guide to Nevada "Casino Marker" Laws
Explained by Las Vegas Criminal Defense Lawyers

Our Las Vegas Nevada criminal defense lawyers have been extremely successful in negotiating favorable resolutions in our clients' casino markers cases. Often we can secure an eventual dismissal of your charges, no jail time, and no criminal record.

Our attorneys serve our clients' criminal defense needs throughout Clark County and Washoe County, Nevada, including Las Vegas, Henderson, North Las Vegas, Mesquite, Boulder City, Laughlin, Reno, Pahrump, and elsewhere in Nye County.

Many people, especially tourists, are surprised to learn that unpaid casino markers (gambling debt) in Nevada are both a civil and criminal offense. So not only can a casino sue you, but also the state can charge you for defaulting on markers and threaten you with prison time.

In this article, you will learn all about casino marker law in Nevada, including its defenses, penalties, how to seal criminal records, information for out-of-state residents and immigrants, and much more:

(Click on a title to proceed directly to that section)

1) The definition of casino markers in Nevada
(NRS 205.130)
2) How police arrest you for allegedly not paying Nevada casino markers
3) How Nevada prosecutors try to prove you guilty of unpaid casino markers.
4) How to fight Nevada casino marker charges (Defenses for NRS 205.130)
5) Punishment, penalties, sentencing and plea bargains for casino markers charges in Nevada
6) Casino markers and bankruptcy law in Nevada
7) Casino markers and extradition in Nevada; information for out-of-state residents and fugitives
8) Sealing criminal records for casino markers convictions in Nevada
9) The history of casino markers in Nevada
10) How the crime of casino markers in Nevada differs from other states
11) How casino marker charges affect immigration status in Nevada
12) Crimes related to casino markers in Nevada
13) Additional Resources

Our Las Vegas Nevada criminal defense lawyers draw on our vast experience in casino marker and other bad check cases to keep you out of jail and your criminal record clean. We also invite you to watch our video on what to do if you get arrested in Las Vegas Nevada for unpaid casino markers.

1) The definition of casino markers in Nevada (NRS 205.130)

Nevada casinos routinely extend lines of credit to patrons as an incentive for them to gamble. Called "casino markers," these zero interest loans are treated like checks1 that patrons are expected to redeem within usually thirty days.

"Casino markers make gambling more convenient," explains Henderson NV criminal defense attorney Neil Shouse. "Without them, patrons would have to carry large amounts of cash on their person or rely on ATMs and pay extra fees."

Customers who want to take out markers from a casino must fill out a credit line application first.2 (For examples, click to see the Venetian credit application, the Mandalay Bay marker limit application, and the MGM marker limit application.)

If a patron does not repay the casino marker on time, then the casino notifies him/her about the outstanding debt. If payment is still not made, the state may then prosecute and issue an arrest warrant.

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2) How police arrest you for allegedly not paying Nevada casino markers

Before the state can charge you for not paying casino markers in Nevada, the casino and the D.A. are required to take steps to redeem the markers themselves, notify you of the outstanding debt, and give you a chance to repay before you can be criminally charged.

Draw on your bank account

If a Nevada casino believes you have not paid back your marker in time (usually 30 days), then the casino may go directly to your bank and take the money from your account. If the account has insufficient funds ("NSF"), the casino then notifies you about the debt:

Casino's notice of bad checks

Before a Nevada casino may approach the D.A. about prosecuting you for unpaid casino markers, it must first send you a written notice by certified mail that you have ten (10) days since the time of the mailing to make good on your alleged casino debt.3

Bad Check complaint

If the Nevada casino markers are not redeemed within the ten-day period, then the casinos submit a bad check complaint to the District Attorney requesting them to prosecute you.

Once the Nevada casino sends in the complaint, you may no longer pay any outstanding debt to the casinos directly. From that point on, the D.A. serves as the middleman between you and the casinos and receives any payments you may later make.4

As soon as the case is in the District Attorney's hands, the outstanding debt amount goes up considerably. The D.A. tacks on 5-10% of what you owe as "collection fees."

D.A.'s notice of bad checks

If the D.A. decides to prosecute you for any alleged defaulted casino markers in Nevada, the state will send you another notice by certified mail giving you another ten days (from the date of the letter) to pay any outstanding debts plus the D.A.'s collection fees.

Any restitution must be paid by money order, cashier's check or wire transfer and made payable to the appropriate District Attorney's office. If the ten days pass with no payment, an arrest warrant will issue in Nevada.5


"The D.A. is basically the casino's debt collector." explains Mesquite NV criminal defense attorney Michael Becker. "Instead of hiring their own lawyers, casinos exploit public resources to recover private funds."

"In our opinion, there's an inherent conflict of interest in the whole system because the state has an added incentive to prosecute. The more you allegedly owe to a casino, the more the D.A. makes in collection fees."

Arrest Warrant for unpaid casino markers

If the District Attorney decides to prosecute you for unpaid casino markers in Nevada, they will ask a judge to issue a warrant for your arrest. How the arrest warrant is executed usually depends on whether you're an in-state resident or not:

Arrest warrant procedure if you are in-state:

If you are a Nevada resident and a marker-related arrest warrant issues for you, the police probably will not come after you right away unless you have a long criminal history or a cop pulls you over for a traffic stop, runs your name in the system and sees the warrant.

Instead, the District Attorney will mail you a summons notifying you of the warrant and instructing you to appear in the appropriate Nevada court on a specified date. If you miss that court appearance, the police may then make more of an effort to locate you and arrest you.

If you do make your court date, the judge still may order that you be booked temporarily in a Nevada jail so you can get fingerprinted and photographed (for a "mug shot"). The judge can even set bail in the amount of the alleged casino marker debt.

However, a good Nevada criminal defense attorney may be able to persuade the judge to waive bail altogether and allow you to get fingerprinted and photographed at a sheriff's station in, which is a lot less time-consuming and unpleasant than going to jail.6

Arrest warrant procedure if you are out of state:

If a casino marker-related arrest warrant issues in Nevada and you are out-of-state or considered a fugitive, law enforcement in other states will execute the warrant in attempt to extradite you back to Nevada.

Different states vary in how they handle extradition: Some allow you to post bond, and others do not. If possible, it is important to retain legal counsel on your casino marker case prior to you being arrested in another state to try to keep you out of custody.

Related site:

3) How Nevada prosecutors try to prove you guilty of unpaid casino markers.

Of all the Nevada laws, casino markers are the most unfair because the state has to prove very little in order to convict you of stiffing the casinos. The law actually has a "presumption of guilt" built into it!

The elements of Nevada casino marker law

In order for a Nevada court to convict you of defaulting on casino markers, the prosecutor has to prove the following: That you willfully and with an intent to defraud took out a casino marker when you had insufficient money in your bank account to pay for it.7

What is shocking is that Nevada law automatically presumes you had intent to defraud if there were insufficient funds in your bank account when the casinos tried to redeem the markers.8

"Nevada casino marker law is very biased towards the casinos," explains Henderson NV criminal defense attorney Neil Shouse. "If your bank account overdrafts, the law basically says you're guilty until proven innocent."9

Therefore, the only real evidence that Nevada courts require a prosecutor to produce in order to show you had intent to defraud and to convict you of unpaid casino markers are the following slips of paper:

  • a copy of the original marker, and
  • a copy of the marker once the casino tried unsuccessfully to redeem it at your bank (stamped NSF for "not sufficient funds")

Even though Nevada casino marker law is patently unfair and arguably unconstitutional, it is still very possible to come to a favorable resolution with the prosecutor whereby you can avoid jail time and avoid a permanent criminal record.

(Note that a casino's knowledge that a patron has insufficient funds may negate intent to defraud. (Zahavi v. State, 131 Nev. Advance Opinion 2 (2015)).

4) How to fight Nevada casino marker charges (Defenses for NRS 205.130)

Two common ways to fight casino marker charges in Las Vegas and throughout Nevada are to challenge the marker's facial validity and to contend you had no intent to defraud.

Invalid marker

Sometimes casinos issue markers that do not qualify as "checks" under Nevada law. In those instances, the D.A. may not prosecute you for neglecting to pay them.

Nevada D.A.s cannot prosecute cases involving the following types of markers:

  • markers that do not show the payee (the casino), the date, the amount of money, or your signature10
  • markers that are pre-dated, post-dated,11 or where an agreement was made to hold the check for later payment
  • markers where the identities of you or the casino cannot be ascertained
  • markers that have been altered or look like forgeries
  • markers for pre-existing debt12 and if the casino suffered no monetary injury13

If your attorney can show that your markers fall outside of Nevada's bad check statute, then the D.A. should dismiss the case. The casino may try to sue you civilly at that point, but at least then you can explore bankruptcy and not worry about being sent to prison.

No intent to defraud

A Nevada court may not convict you of unpaid casino markers if you did not have intent to defraud. Unfortunately, the law presumes you had intent to defraud if your bank had insufficient funds when the casino tried to redeem your allegedly unpaid markers.14

Even though "intent to defraud" is a tough presumption to overcome in Nevada, it still may be possible depending on the facts of your case. The following circumstances may help chip away at the state's argument that you intended to pass a bad check:

  • if you had a long, harmonious history of reimbursing casino markers
  • if you fell ill after having taken out the unpaid markers
  • if the casino intoxicated you with alcohol, thereby compromising your judgment15

Although it is not foolproof, another way to demonstrate no intent to defraud in Nevada is if your bank records show that you did have sufficient funds to pay the marker at the time you took them out.16

Various defendants in past casino marker cases have challenged whether markers are indeed "checks"17 and argued that the laws violate equal protection18 and the U.S. Constitution.19 We heartily agree, but Nevada courts have rejected these positions so far.

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5) Punishment, penalties, sentencing and plea bargains for casino markers charges in Nevada

Nevada judges may order very harsh prison sentences for defaulting on a casino marker. But the district attorney is often very agreeable to negotiating favorable deals and eventually dismissing the charges, especially if it is your first offense.

Penalties for defaulting on Nevada casino markers

Defaulted casino markers in Las Vegas and throughout Nevada will be charged as only a misdemeanor if each marker in question was less than $650. If you are convicted for unpaid casino markers as a misdemeanor, you face the following sentence:

  • fines of up to $1,000, and/or
  • a maximum six months in jail20

But if the amount of the allegedly unpaid marker is $650 or more, then it will be prosecuted as a category D felony in Nevada, which carries these penalties:

  • a mandatory one to four years in Nevada state prison,
  • an optional $5,000 fine
  • mandatory administrative fees (an extra 5% of each marker of $10,000 or less, and an extra 10% of each marker of more than $10,000)
  • mandatory full restitution of the outstanding casino marker debt21

Furthermore, Nevada judges hand down penalties per individual marker, not per the entire amount. For example:

Example: John is convicted in Las Vegas under Nevada's bad check statute for defaulting on two casino markers: One is for $5,000 and the other is for $20,000. The judge in Clark County District Court will likely sentence him to:
  • up to eight years in prison (up to four years for each marker),
  • up to $10,000 in fines (up to $5,000 for each marker),
  • $2,250 in administrative fees (5% of the smaller marker plus 10% of the larger), and
  • $25,000 in restitution (the total value of both markers)

As you can see, the possible penalties for allegedly passing a bad check in Nevada can be disproportionately large as compared to the money amounts in question:

"Nevada basically created a debtor's prison, which I believe is unlawful," asserts Mesquite NV criminal defense attorney Michael Becker, "But luckily, Las Vegas prosecutors will often listen to reason and negotiate a fair deal."

Negotiating with Nevada district attorneys in casino marker cases; dismissals and plea bargains

Nevada prosecutors are well aware that defaulted casino markers are non-violent offenses that do not justify prison, and they also know that incarcerated defendants won't have the means to pay restitution. That is why prosecutors are willing to resolve most marker cases.

First-time offenders

If you have never been convicted of defaulted casino markers before and behave cooperatively, Nevada prosecutors may be willing to set up a monthly payment plan. Once the money's paid, they may dismiss your charges.

The D.A.'s goal in Nevada bad check cases is to reimburse the casinos in full. But the prosecutor may be able to broker a deal where the casinos reduce the debt by 10% or more. So not only do you get a dismissal, you pay less than what you allegedly owe.

Alleged serial check-writers or fugitives

If you already have a criminal record or purposely fled from Nevada to escape prosecution, the D.A. may be less willing to dismiss your case outright even if you pay everything back.

Often the prosecutor will request that you be placed on probation for a while and be barred from entering any more Nevada casinos for the purpose of gambling.

Civil Confessions of Judgment

Another option the D.A. may consider is for you to plead guilty to a gross misdemeanor in exchange for signing a civil confession of judgment admitting that you owe the casinos money. In this scenario, the only way casinos can pursue you is through civil court.

The advantage of this approach is that you forgo prison by being on probation, and the casinos may decide not to take the trouble and expense of suing you after all. And if you are judgment-proof, it does not matter if they do anyway.

Being charged with passing a bad check in Nevada can be very scary. But rest assured that it may be possible to agree to a reasonable plea bargain that allows you to keep your freedom and pay any debts at a workable pace.

6) Casino markers and bankruptcy law in Nevada

Bankruptcy does not protect debtors from criminal prosecution. Therefore, anyone convicted of unpaid casino markers in Nevada and sentenced to pay restitution won't be permitted to discharge the restitution in bankruptcy.22

But if for whatever reason the Nevada District Attorney decides not to prosecute you for unpaid casino markers and the casino sues you civilly, you should then be able to discharge those debts in bankruptcy.

Related site:

7) Casino markers and extradition in Nevada; information for out-of-state residents and fugitives

If you are out-of-state or suspected of being a fugitive while allegedly having outstanding casino marker debt in Nevada, a Nevada D.A. will still issue an arrest warrant in attempt to have you extradited back.

Other states' extradition procedures

Other states are required to execute Nevada arrest warrants for casino markers even though their states do not treat casino markers as a criminal offense.23 But how other states carry out extradition and what procedures they follow may vary state-to-state.

Some states like Florida and Hawaii may allow you to be released on bail pending extradition, but others like California don't. So it is important you retain counsel before being arrested out-of-state so they can try to prevent you being arrested in the first place.

Fighting extradition in other states

If you are arrested in another state for failing to repay casino markers in Nevada, you have the choice either to waive extradition and return to Nevada or to stay and fight extradition.

If you waive extradition, Nevada law enforcement may still wait several weeks before they pick you up and transport you back. If you decide to fight, you'll be given a hearing where you and your attorney can try to contest extradition usually on two grounds:

  1. Validity of the warrant, and
  2. That you're the wrong person sought

Negotiating casino markers is easier if you're out of custody

If you are in custody awaiting extradition to Nevada, the quickest way out is to pay in full. The Constitution's full faith and credit clause24 obligates other states' prosecutors to act as Nevada prosecutors would, which essentially is a collection mechanism for markers.

If you are not in custody, then you usually have far more bargaining power with D.A.s to lower your outstanding casino marker debt in Nevada. That is why it is so important to retain counsel as soon as possible in an effort to avoid being taken into custody at all.

Related sites:

  • Nevada extradition law - Our informational article on Nevada extradition law, procedures and your rights when fighting extradition.
  • Help for out-of-town visitors with Nevada criminal cases - Information geared specifically for tourists facing charges in Las Vegas and elsewhere. Local attorneys can usually offer help for out-of-town visitors with Nevada criminal cases by appearing in court on their behalf.

8) Sealing Nevada criminal records for casino markers convictions

If you have a criminal record for unpaid casino markers, it's important to try to have it sealed as soon as possible because potential employers may use it as an excuse not to hire you. A criminal record can also be a source of embarrassment and social ostracism.

Sealing records after Nevada convictions

How soon you can get your criminal record sealed for unpaid casino markers in Nevada depends on whether the conviction was for a misdemeanor (where the amount at issue was less than $650) or for a felony:

If you were convicted for unpaid casino markers in Nevada as a misdemeanor, then two (2) years must pass from the time your sentence or probation ends before the court may seal your criminal records. For a felony, the required time is twelve (12) years.25

Sealing records after Nevada dismissals

If your charges for unpaid casino markers in Nevada were ultimately dismissed, then you should be able to have your criminal records sealed right away.26

Related site:

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9) The history of casino markers in Nevada

Defaulting on your Nevada casino markers was not a crime until fairly recently. Back in 1872, the Nevada Supreme Court explicitly said that gambling debts were not legally enforceable at all!27

Casino markers as checks in Nevada

In the 1990s, the Nevada legislature changed the law to give casino markers the same legal status as checks. Therefore, casinos could now draw on a patron's bank account if they did not repay their casino markers in time.

In 1995, the Clark County District Attorney began criminally prosecuting bad check cases. The rationale was that debtors would be more likely to pay up if they were threatened with prison.

Las Vegas's "Bad Check" unit

The original purpose of the Clark County D.A.'"bad check unit" was to help out small businesses which couldn't afford collection lawyers of their own. But large casinos were just as eligible to seek relief through the bad check unit as well.28

It is now standard practice for Las Vegas casinos to seek repayment first through the Clark County District Attorney's Office. If the D.A. decides not to prosecute or the case is taking too long, then the casinos may resort to suing in civil court for damages.

Related site:

Gambling and the Law - Scholarly essay on the history of gaming credit.

10) How the crime of casino markers in Nevada differs from other states

Nevada is the only state where allegedly not making good on casino markers subjects you to criminal penalties. In fact, some federal courts in other states do not even consider unpaid casino markers to be "bad checks" at all.29

Therefore, the only recourse casinos in other states use to recover casino marker debts is the civil court system. They may refer to the markers as "negotiable instruments" and claim damages under "breach of contract" and "unjust enrichment."30

11) How casino marker charges affect immigration status in Nevada

Passing a bad check in Nevada is a triple whammy in immigration law: It may be considered a deportable offense, a crime involving moral turpitude and an inadmissible offense. All these jeopardize resident status and may bar entry into the U.S.

Casino markers as deportable crimes in Nevada

Immigrants and other non-citizens convicted of passing more than $10,000 in unpaid casino markers in Nevada may be deported from the U.S.31 But if it is less than $10,000, the Department of Homeland Security may still try to remove them for moral turpitude:

Casino markers as crimes involving moral turpitude in Nevada

Immigrants and non-citizens in Nevada may be removed from the U.S. for convictions of crimes involving moral turpitude (CIMT).32

Courts consider the passing of a bad check to be a CIMT as long as "intent to defraud" is an element of the crime.33 Since NRS 205.130 requires the state to demonstrate intent to defraud to prove guilt, defaulted casino markers therefore qualify as a CIMT.34

However, the Department of Justice cannot deport a non-citizen if he/she was convicted of defaulting on a Nevada casino marker as only a misdemeanor, not as a felony.35 (An unpaid casino marker is charged as a misdemeanor if the marker was for less than $650.36)

Casino markers as inadmissible crimes in Nevada

As a crime involving moral turpitude, defaulting on casino markers is regarded as an inadmissible offense in Nevada as well. So tourists or foreigners here on a student or work visa who are convicted of it may be barred from ever re-entering the U.S.37

Related sites:

If you are not an American citizen and you've been charged with a crime in Nevada, make sure to retain counsel who is experienced in immigration law to handle your case and to maximize your chances to remain in the states.

12) Crimes related to casino markers in Nevada

In order to convict someone for unpaid casino markers in Nevada or passing bad checks in general, the state has to prove that he/she had "intent to defraud." Below are some other state crimes where knowing deception is a key element.

Also described below is the Nevada crime of theft, which the D.A. sometimes charges in bad check cases as well. Be sure to click on the links for fuller explanations of the criminal offenses:

False Statements to Obtain Benefits in Nevada | NRS 616D.300

Anyone who knowingly makes false representations to obtain benefits may be charged with false statements to obtain benefits in Nevada. Similar to casino markers, it is chargeable as a misdemeanor for damages of less than $650 and as a felony for more.38

The Crime of Forgery under Nevada Law | NRS 205.090

The crime of forgery under Nevada law applies when someone allegedly counterfeits any record of public nature, such as a patent or deed, with intent to defraud. It is punishable as a category D felony, carrying prison time, fines and restitution.39

Obtaining Money by False Pretenses in Nevada | NRS 205.380

Someone who allegedly attained money or other valuables from someone with intent to defraud may be charged with obtaining money by false pretenses in Nevada. It can be a misdemeanor or felony, depending on whether the damages amounted to $650 or more.40

The Crime of Bad Checks under Nevada Law | NRS 205.130

The crime of bad checks under Nevada law occurs when someone willfully passes a check knowing there to be insufficient funds. It is punished similarly to unpaid casino markers in that penalties include lengthy prison terms, fines and full restitution.41

Nevada Crime of Theft | NRS 205.0832

Nevada theft crimes encompass a very broad area that includes passing a check while knowing that it will not be paid. Sometimes charged in conjunction with NRS 205.130, theft in Nevada is considered a felony when the amount at issue is $650 or more.42

Getting arrested in Nevada is just the first step in a long process, and it does not mean the state has enough evidence to prove you guilty. A good criminal defense attorney may be able to persuade the prosecutor to reduce or dismiss your charges completely.

13) Additional Resources

Gamblers Anonymous - A self-help support group for people wishing to recover from their gambling problem.

Clark County District Attorney's Office Bad Check Unit - This site explains prosecution procedures in Nevada casino marker cases.

Credit (Casino) - Wikipedia article on casino markers.

Have YOU been charged with breaking NRS 205.130-unpaid casino markers-in Nevada?

Our Las Vegas criminal defense attorneys are devoted to negotiating with prosecutors in order to resolve your criminal charges so you walk away with no jail or criminal record. And if you are in custody now, we can help you through the Las Vegas bail process.43

No matter whether you've been falsely accused or are just going through a tough time financially, our Las Vegas criminal defense attorneys will draw on our extensive experience to try to win you a dismissal or reduction in your casino marker case.

Phone us at 702-DEFENSE (702-333-3673) for a free phone consultation. We handle all types of criminal charges from Nevada DUI44 and traffic tickets to drug offenses and violent crimes, and we do not rest until we have achieved the best resolution possible.

Legal References:


1Fleeger v. Bell, 2001, 23 Fed.Appx. 741, 2001 WL 1491252 (Under Nevada law, a marker is a check.).

2Nguyen v. State, 116 Nev. 1171, 1172-1173, 14 P.3d 515, 516 - 517 (2000) ("In general, patrons apply for casino credit by completing a standard form setting forth the name of the applicant, his or her address, the name of the applicant's bank, and the bank account number. Casino personnel approve the applications pending verification of the basic bank information, including the average balance of the applicant's account. An applicant may receive all or a portion of the credited amount at a gaming table in the form of a "marker." The marker is an instrument, usually dated, bearing the following information: the name of the player; the name, location, and account number of the player's bank; and the instruction " Pay to the Order of" the casino for a specific value in United States dollars. The marker also contains a stipulation whereby the payor represents that the amount drawn by the marker is on deposit in the referenced financial institution, and that he guarantees payment. The player and a casino representative sign the marker. The player then exchanges the marker for gaming tokens or "chips," which may be exchanged for currency with the casino cashier. When a patron has concluded play, he either pays the full amount of the marker he has obtained or leaves the casino with the marker outstanding. If the marker remains outstanding, casino personnel attempt to notify the patron and, after a specified period of time, submit the marker to the patron's bank for collection.FN1 Should the bank account contain insufficient funds, the casino will again attempt contact with the patron. If payment is not forthcoming, the gaming establishment has the option to refer the customer for possible criminal prosecution.").

3Nguyen v. State, 116 Nev. 1171, 1173, 14 P.3d 515, 517 (2000) ("The practice of allowing a customer to pay gaming debts with a second check is a matter of courtesy and convenience to the customer.").

4Clark County's District Attorney's Bad Check Unit

5Clark County's District Attorney's Bad Check Unit

6Clark County's District Attorney's Bad Check Unit

7NRS 205.130 Issuance of check or draft without sufficient money or credit: Penalties.

    1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
→ drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of $650 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  1. A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  2. A person who willfully issues any check or draft for the payment of wages in excess of $650, when the person knows he has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
  3. For the purposes of this section, "credit" means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

8NRS 205.132 Issuance of check or draft without sufficient money or credit: Presumptions of intent to defraud and knowledge of insufficiency; malice in causing prosecution.

    1. In a criminal action for issuing a check or draft against insufficient or no funds with intent to defraud, that intent and the knowledge that the drawer has insufficient money, property or credit with the drawee is presumed to exist if:
(a) The instrument is drawn on a purported account which does not exist.
(b) Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within 5 days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount due plus any handling charges.
(c) Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of nondelivery.
  1. If a complainant causes a criminal action to be commenced for issuing a check or draft with intent to defraud and refuses to testify in the action, he is presumed to have acted maliciously and without probable cause.

9Nguyen v. State, 116 Nev. 1171, 1176, 14 P.3d 515, 519 (2000) ("We conclude that Nguyen's intent to defraud was circumstantially demonstrated by his failure to pay the full amount due within the statutory period, and by the return of the instruments from his bank with the notation "Account Closed.").

10Nguyen v. State, 116 Nev. 1171, 1175-1176, 14 P.3d 515, 518 (2000) ("By its terms, NRS 205.130 applies to instruments that are drawn upon a bank, payable on demand, signed by the payor, and which instruct the bank to pay a certain amount to the payee. Given the foregoing analysis, we conclude that the markers at issue in the instant case fall within the purview of the bad check statute. ").

11Nguyen v. State, 116 Nev. 1171, 1177, 14 P.3d 515, 519 (2000) ("Nguyen alternatively contends that he had no intent to defraud because the markers were post-dated instruments (meaning that the instruments bore dates later than the date they were issued). He argues that, as a matter of law, postdating a check is prima facie evidence that there is no intent to defraud. See State v. Stooksberry, 872 S.W.2d 906 (Tenn.1994); State v. Papillon, 223 Neb. 325, 389 N.W.2d 553 (1986); see also U.C.C. � 3-113(a); NRS 104.3113(1) ("an instrument payable on demand is not payable before the date of the instrument.") We disagree. Assuming Nguyen's argument is based upon a correct statement of Nevada law (we have never addressed the issue), the markers in this case were not post-dated. Rather, they bore the date upon which they were executed. Nguyen also argues that the agreement by the gaming establishments to hold the markers for a period of time rendered them the "equivalent" of post-dated checks. However, just as there is no evidence here that the parties intended the markers to represent a loan instrument, there is no evidence that the parties mutually understood that the markers were post-dated checks. The face of the documents demonstrates that they were payable on demand, at the time of issuance.").

12State v. Jarman, 84 Nev. 187, 189, 438 P.2d 250, 252 (1968) ("we hold that NRS 205.130(1) does not apply to checks given for pre-existing debts.'").

13Hoyt v. Hoffman, 82 Nev. 270, 272, 416 P.2d 232, 233 (1966) ("The legislature did not intend to make it a crime to issue a worthless check absent damage or injury to the payee thereof. Such damage or injury does not exist when the check is given for a pre-existing debt.").

14Nguyen v. State, 116 Nev. 1171, 1176, 14 P.3d 515, 519 (2000) ("We conclude that Nguyen's intent to defraud was circumstantially demonstrated by his failure to pay the full amount due within the statutory period, and by the return of the instruments from his bank with the notation "Account Closed.").

15NRS 463.368 Credit instruments: Validity; enforcement; redemption; penalties; regulations.

    1. A credit instrument accepted on or after June 1, 1983, and the debt that the credit instrument represents are valid and may be enforced by legal process.
    2. A licensee or a person acting on behalf of a licensee may accept an incomplete credit instrument which:
(a) Is signed by a patron; and
(b) States the amount of the debt in figures,
→ and may complete the instrument as is necessary for the instrument to be presented for payment.
    1. A licensee or person acting on behalf of a licensee:
(a) May accept a credit instrument that is payable to an affiliated company or may complete a credit instrument in the name of an affiliated company as payee if the credit instrument otherwise complies with this subsection and the records of the affiliated company pertaining to the credit instrument are made available to agents of the Board upon request.
(b) May accept a credit instrument either before, at the time or after the patron incurs the debt. The credit instrument and the debt that the credit instrument represents are enforceable without regard to whether the credit instrument was accepted before, at the time or after the debt is incurred.
    1. This section does not prohibit the establishment of an account by a deposit of cash, recognized traveler's check, or any other instrument which is equivalent to cash.
    2. If a credit instrument is lost or destroyed, the debt represented by the credit instrument may be enforced if the licensee or person if acting on behalf of the licensee can prove the existence of the credit instrument.
    3. A patron's claim of having a mental or behavioral disorder involving gambling:
(a) Is not a defense in any action by a licensee or a person acting on behalf of a licensee to enforce a credit instrument or the debt that the credit instrument represents.
(b) Is not a valid counterclaim to such an action.
  1. Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure of a person to comply with the provisions of this section or the regulations of the Commission does not invalidate a credit instrument or affect the ability to enforce the credit instrument or the debt that the credit instrument represents.
  2. The Commission may adopt regulations prescribing the conditions under which a credit instrument may be redeemed or presented to a bank or credit union for collection or payment.

16Burke v. State, 96 Nev. 449, 452, 611 P.2d 203, 205 (1980) ("However, it is equally clear that a state may constitutionally imprison "a defendant with the means to pay a fine who refuses or neglects to do so." Tate v. Short, supra 401 U.S. at 400, 91 S.Ct. at 672.").

17Nguyen v. State, 116 Nev. 1171, 1175, 14 P.3d 515, 517 (2000) ("Although NRS 205.130(1) does not explicitly define the term "check or draft," we construe this undefined term in accordance with its ordinary and plain meaning.").

18Nguyen v. State, 116 Nev. 1171, 1178, 14 P.3d 515, 520 (2000) ("The markers were, as we have concluded, simply checks, payable on demand and facially negotiable at the time of issuance. Nguyen offers no particularized evidence demonstrating how these alleged offenses were selectively prosecuted.").

19Parkus v. State, 88 Nev. 553, 554, 501 P.2d 1039, 1039 (1972) ("We therefore hold that NRS 205.130(1) is not vague and unconstitutional.").

20NRS 193.150 Punishment of misdemeanors.

  1. Every person convicted of a misdemeanor shall be punished 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, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
  2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.

21NRS 205.130 Issuance of check or draft without sufficient money or credit: Penalties.

    1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
→ drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of $650 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  1. A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  2. A person who willfully issues any check or draft for the payment of wages in excess of $650, when the person knows he has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
  3. For the purposes of this section, "credit" means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

22Nelson Rose, In Nevada, It's Pay your Markers or Go To Jail, Gaming Law Review, Vol 5, Issue 5, p. 425 - 426 (October 2001) ("Law enforcement officials do not normally act as collection agencies, but two recent decisions from two different courts in Nevada have indicated this practice may be legal, or that at least there is nothing patrons can do about it.")

23See, e.g., Nguyen v. State, 116 Nev. 1171, 14 P.3d 515 (2000), and Fleeger v. Bell, 2001, 23 Fed.Appx. 741, 2001 WL 1491252. Both defendants were extradited from other states on a Nevada arrest warrant for unpaid casino markers.

24U.S. Constitution, Article. IV., Section. 1. ("Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.")

25NRS 179.245 Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

    1. Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:
(a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 484.379 or 484.379778 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later...
  1. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

26NRS 179.255 Sealing records after dismissal or acquittal: Petition; notice; hearing; order.

    1. If a person has been arrested for alleged criminal conduct and the charges are dismissed or such person is acquitted of the charges, the person may petition:
(a) The court in which the charges were dismissed, at any time after the date the charges were dismissed; or
(b) The court in which the acquittal was entered, at any time after the date of the acquittal,       → for the sealing of all records relating to the arrest and the proceedings leading to the dismissal or acquittal.
    1. A petition filed pursuant to this section must:
(a) Be accompanied by a current, verified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court;
(b) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal or acquittal and to whom the order to seal records, if issued, will be directed; and
(c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.
    1. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:
(a) If the charges were dismissed or the acquittal was entered in a district court or Justice Court, the prosecuting attorney for the county; or
(b) If the charges were dismissed or the acquittal was entered in a municipal court, the prosecuting attorney for the city.
→ The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
  1. If, after the hearing, the court finds that there has been an acquittal or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal or dismissal which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.

27Scott v. Courtney, 7 Nev. 419, 1872 WL 3559 (1872) ("[I]n Badyley v. Beale, 3 Watts, 263, it was held that a marker at an illicit billiard table, who kept the games and received the money bet by the players, was not entitled to recover wages from the owner of the table, the contract of employment being affected with the illegality of the business in which he was employed. There is no doubt whatever that, upon this principle at common law, money won in a public gaming house would not be recovered by the keeper.).

28 Christina DiEdoardo, Gambling Markers: A convenience for some, and a nightmare for others, Las Vegas Review-Journal (January 14, 2001).

29Christina DiEdoardo, Gambling Markers: A convenience for some, and a nightmare for others, Las Vegas Review-Journal (January 14, 2001).

30Anthony N. Cabot, Casino Collection Lawsuits: The Basics, Gaming Law Review, 4(4): 319-331 (2000).

318 U.S.C. � 1227 (a)(2)(A)(iii)
(2) Criminal offenses
(A) General crimes . . .
(iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time after admission is deportable.

8 U.S.C. � 1101(a)(43)
(43) The term "aggravated felony" means- . . .
(D) an offense described in section 1956 of title 18 (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000;

328 U.S.C. � 1227 (a)(2)(A)(i)
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude Any alien who-
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,   is deportable.

33Katherine Brady and Dan Kesselbrenner, Grounds of Deportability and Inadmissibility related to crimes, National Immigration Project. ("Whether a crime involves moral turpitude depends on the elements of the offense, not the name of the offense. Compare Matter of Balao, 20 I&N Dec. 440 (BIA 1992) (holding that offense of passing bad checks involves moral turpitude because fraud was an element of offense) with Matter of Bart, 20 I&N Dec. 436 (BIA 1992) (holding that offense of passing bad checks does not involve moral turpitude because fraud was not an element of the offense).).

34NRS 205.130 Issuance of check or draft without sufficient money or credit: Penalties.

    1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
→ drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of $650 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  1. A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  2. A person who willfully issues any check or draft for the payment of wages in excess of $650, when the person knows he has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
  3. For the purposes of this section, "credit" means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

35INA � 237(a)(2)(A)
(2) Criminal offenses.-
(A) General crimes.-
(i) Crimes of moral turpitude.-Any alien who-
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed.   is deportable.

36NRS 205.130 Issuance of check or draft without sufficient money or credit: Penalties.

    1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
→ drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of $650 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  1. A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  2. A person who willfully issues any check or draft for the payment of wages in excess of $650, when the person knows he has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
  3. For the purposes of this section, "credit" means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

378 U.S.C. � 1182(a)(2)(A)
(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),   is inadmissible.

(Another exception to the "crimes involving moral turpitude" rule involves aliens who were under eighteen (18) years old when the CIMT allegedly occurred: As long as the sentence ended more than five (5) years prior to the alien applying to the U.S. for admission, the alien will not be deported for that offense.)

38NRS 616D.300 False statements or representations to obtain benefits; concealment of material fact to obtain benefits; penalty.

Unless a different penalty is provided pursuant to NRS 616D.370 to 616D.410, inclusive, a person who knowingly makes a false statement or representation, including, but not limited to, a false statement or representation relating to his identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, either for himself or for any other person, shall be punished as follows:

  1. If the amount of the benefit or payment obtained or attempted to be obtained was less than $650, for a misdemeanor.
  2. If the amount of the benefit or payment obtained or attempted to be obtained was $650 or more, for a category D felony as provided in NRS 193.130.
    → In addition to any other penalty, the court shall order the person to pay restitution.

39NRS 205.090 Forgery of conveyances, negotiable instruments, stock certificates, wills and other instruments; utterance of forged instrument.

A person who falsely makes, alters, forges or counterfeits any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, traveler's check, money order, due bill for the payment of money or property or for the payment of any labor claim, receipt for money or property, power of attorney, any auditor's warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the Senate or Assembly, or counterfeits or forges the seal or handwriting of another, with the intent to damage or defraud any person, body politic or corporate, whether the person, body politic or corporate, resides in or belongs to this State or not, or utters, publishes, passes or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing it to be false, altered, forged or counterfeited with the intent to prejudice, damage or defraud any person, body politic or corporate, whether the person, body politic or corporate, resides in this State or not, is guilty of forgery, and shall be punished for a category D felony as provided in NRS 193.130.

40NRS 205.380 Obtaining money, property, rent or labor by false pretenses.

  • 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 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 $650 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 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.
(b) If the value of the thing or labor fraudulently obtained was less than $650, 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.
  • 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.
  • 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.
  • 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 $650 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 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
  2. If the value of the property, rent or labor so fraudulently obtained was less than $650, 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.

41NRS 205.130 Issuance of check or draft without sufficient money or credit: Penalties.

    1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:
(a) Money;
(b) Delivery of other valuable property;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
→ drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of $650 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  1. A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
  2. A person who willfully issues any check or draft for the payment of wages in excess of $650, when the person knows he has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
  3. For the purposes of this section, "credit" means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

42NRS 205.0832 Actions which constitute theft.

    1. Except as otherwise provided in subsection 2, a person commits theft if, without lawful authority, he knowingly:
(a) Controls any property of another person with the intent to deprive that person of the property.
(b) Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or prescribed duration or for a limited use.
(c) Obtains real, personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this paragraph, "material misrepresentation" means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.
(d) Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his own use or that of another person without reasonable efforts to notify the true owner.
(e) Controls property of another person knowing or having reason to know that the property was stolen.
(f) Obtains services or parts, products or other items related to such services which he knows are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his own benefit or that of another person without lawful authority to do so.
(g) Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person.
(h) Commits any act that is declared to be theft by a specific statute.
(i) Draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented.
(j) Obtains gasoline or other fuel or automotive products which are available only for compensation without paying or agreeing to pay compensation.
  1. A person who commits an act that is prohibited by subsection 1 which involves the repair of a vehicle has not committed theft unless, before the repair was made, he received a written estimate of the cost of the repair.

NRS 205.0835 Penalties.

  1. Unless a greater penalty is imposed by a specific statute and unless the provisions of NRS 205.08345 apply under the circumstances, a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835, inclusive, shall be punished pursuant to the provisions of this section.
  2. If the value of the property or services involved in the theft is less than $650, the person who committed the theft is guilty of a misdemeanor.
  3. If the value of the property or services involved in the theft is $650 or more but less than $3,500, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130.
  4. If the value of the property or services involved in the theft is $3,500 or more, the person who committed the theft is guilty of a category B felony and shall be punished 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. In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.

43Refer to our information page on the Las Vegas bail process.

44Refer to our information page on Nevada DUI.

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