Nevada Laws for "Credit Card Fraud" (NRS 205)
Explained by Las Vegas Criminal Defense Attorneys

Credit or debit card fraud is intentionally misusing credit or debit card information to the financial detriment of another.1 Just some examples of credit card fraud are:

  • Using another person's credit or debit card without his/her permission
  • Using a credit or debit card that has been revoked or expired
  • Using false information in a credit card application

Nevada “credit card fraud” defenses:

Typical defenses to credit card fraud charges include:

  • No intent to defraud
  • Mistaken identity
  • Police misconduct

Nevada “credit card fraud” penalties:

In most cases, credit card fraud is a category D felony in Nevada.  The punishment carries:

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Credit card fraud is usually prosecuted as a felony carrying up to 4 years in Nevada State Prison.” - Nevada criminal defense attorney Michael Becker

Scroll down for more information on the Nevada offense of credit card fraud.

1) Definition of Credit Card Fraud

a) Credit Card Skimming

b) Intent to Defraud

c) Federal Law

2) Defenses to Credit Card Fraud

a) No Intent to Defraud

b) Mistaken Identity

c) Police Misconduct

3) Penalties for Credit Card Fraud

a) Using Expired Cards

b) Federal Penalties

1) Legal definition of “credit card fraud” in Nevada

In general terms, the Nevada crime of “credit card fraud” occurs when someone intentionally uses…or attempts to use…a credit or debit card in an unlawful manner.  Any deliberate act of forging, altering, stealing or otherwise misusing a credit card qualifies as credit card fraud in Nevada.

Example: Allen gets his electricity bill in the mail.  On the bill he writes his MasterCard information and mails it back to the electric company. Allen knows that his MasterCard has been cancelled, but he wants to try to use it to pay his bill anyway.  Since Allen deliberately used a cancelled credit card with intent to defraud the electric company, he could be liable for credit card fraud in Nevada.
Example: Tyler fills out a credit card application for an American Express card.  In the application he intentionally inflates his salary and lies about not having any debt.  Since Tyler did this in order to increase his chances of getting an Amex card, he could be liable for credit card fraud in Nevada.

Deliberately using a revoked credit card…or lying on a credit card application…are just two types of credit card fraud in Nevada.3 Other prohibited acts of credit card fraud include the following:

  • Intentionally stealing or using another person's credit or debit card information without that person's consent.4
  • Using a credit or debit card as security for a debt with the intent to defraud the creditor.5
  • Paying with a credit card with the knowledge that the cardholder has insufficient funds to pay off the credit card.6
  • Receiving property, money, or services with the knowledge that they were obtained through credit card fraud.7

Note that potential creditors can be guilty of credit card fraud as well.  It is illegal to furnish money, goods or services in exchange for a credit card payment with the knowledge that the credit card is forged, stolen, or revoked.8

Example: Sam works as a clerk at 7-Eleven.  His friend Tom comes in and wants to purchase a soda using a fake credit card Tom created.  Sam knows that the credit card is fake but authorizes the transaction anyway.  Therefore both Sam and Tom are liable for credit card fraud:  Tom for knowingly using a fake credit card, and Sam for knowingly authorizing the transaction with a fake credit card.
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Wrongful use of a credit card qualifies as credit card fraud in Nevada.

a) Credit Card Skimming

In recent years there has been a rise in a type of credit card fraud called “skimming.”  Credit card skimming is where people hide a “wedge” device in a credit card reader…then when the cardholder swipes the card, the wedge steals (“skims”) the magnetic information off the back of card.9 Credit card skimming is especially common in gas station card readers.

b) Intent to Defraud

The central element of the Nevada crime of credit card fraud is that the defendant had “intent to defraud.”  This means that the defendant deliberately tried to use a credit card…or the information on a credit card…for the purpose of tricking the cardholder, creditor, or credit card company out of money.

In order for a defendant to be convicted in Nevada of “credit card fraud,” the D.A. has the burden to prove beyond a reasonable doubt that the defendant had “intent to defraud.”  However, there are two situations where the court will automatically presume that the defendant had “intent to defraud.”10 These situations are the following:

  • If the defendant tries to pay with a credit card after payment has already been refused by the credit card issuer.11
  • If the defendant possesses 2 or more credit or debit cards that are falsely made or embossed.12

c) Federal “credit card fraud” law

Credit and debit card fraud is also a federal crime.13Various agencies including the National Fraud Information Center (NFIC), the Federal Bureau of Investigation (FBI) and the Federal Trade Commission (FTC) investigate allegations of federal credit card fraud.  Prosecutors typically bring federal credit card fraud charges in the following situations:

  • The credit card fraud was committed against a federal governmental entity, or
  • The credit card fraud was committed on federal government property, or
  • The credit card fraud crossed state lines.

A defendant may face credit card fraud charges in either Nevada state court or Nevada federal court…or in both courts…depending on the case.

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“As with many white collar crimes, credit card fraud is a criminal offense under both Nevada law and federal law.”
- North Las Vegas criminal defense attorney Neil Shouse

2) Defenses to “credit card fraud” in Nevada

Fighting credit card fraud charges in Nevada usually involves using one or more of the following defenses:

a) No intent to defraud. The most common defense in all fraud charges is that the defendant had no “intent to defraud.”  This means that the defendant did not deliberately try to misuse a credit or debit card.
Example: Ann and Mike are roommates in Las Vegas.  One day while rushing to leave the house, Ann mistakenly grabs Mike's credit card instead of her own.  Throughout the day Anne swipes Mike's card at a gas station, a parking meter, and a grocery checkout line.
Even though Mike did not give Ann permission to use the card, Ann is not guilty of credit card fraud.  Ann grabbed Mike's card by mistake, and she had no idea she was swiping his card when making her daily purchases.  Therefore, Ann had no “intent to defraud” Mike, the credit card company, or the merchants.  Of course, Ann is civilly liable to pay back Mike for the purchases.
b) Mistaken identity. A standard defense to credit card fraud in Nevada is that the police arrested the wrong person.  Often there are no eyewitnesses to fraudulent conduct, and the real culprit may try to frame an innocent person.  If the prosecution cannot prove beyond a reasonable doubt that the defendant is the person who committed the alleged fraud, the credit card fraud charges should be dismissed.
c) Illegal police search. Police investigations of credit card fraud often involve searches of the suspect's home, office, or his/her computer files.  If the police conducted an illegal such…such as by not getting a warrant…the defendant may have legal recourse in Nevada:
The defense attorney can file a Nevada motion to suppress evidence with the court.  This motion explains to the court how the police search was unlawful.  This motion also asks the court to throw out any evidence found through the unlawful search.  If the court agrees and grants the motion, then the D.A. may be left with insufficient evidence to pursue credit card fraud charges in Nevada.
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“The most common defense in credit card fraud cases is that the defendant had no intent to defraud.  Nevada law is not meant to punish people who make honest mistakes.” - Henderson criminal defense attorney Michael Becker.

3) Penalties for “credit card fraud” in Nevada

Most types of credit and debit card fraud are prosecuted as category D felonies.  The punishment includes:

  • 1 - 4 years in Nevada State Prison, and
  • maybe $5,000 in fines, and
  • restitution to the victim14

Note that it is a gross misdemeanor in Nevada to intentionally put false information in an application for a credit or debit card.  The sentence includes:

  • Up to 364 days in jail, and/or
  • Up to $2,000 in fines15
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“Credit card fraud is usually charged as a category D felony in Nevada.  A conviction carries a minimum of one year in prison.  And the court will require that the defendant pay back the credit card issuer all the money allegedly taken.”
- Reno criminal defense attorney Neil Shouse

a) Using expired or revoked credit or debit cards

Knowingly using an expired or revoked credit or debit card can be a felony or a misdemeanor depending on the amount bought.  Using an expired or revoked credit/debit card to buy less than $100 within a 6-month period is a misdemeanor in Nevada carrying:

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

Otherwise, using an expired or revoked credit/debit card is a category D felony in Nevada, carrying:

  • 1 - 4 years in Nevada State Prison, and
  • maybe $5,000 in fines, and
  • restitution to the victim16

b) Federal “credit card fraud” penalties

Under federal law, the punishment for credit card fraud is up to 20 years in Federal Prison depending on the circumstances of the case.   The court may also impose hefty fines as well as restitution.17

Accused of credit card fraud? Call a lawyer…

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If you have been charged with “credit card fraud” in Nevada, call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) for a free consultation.  We may be able to keep you out of custody and resolve your case without a trial.

We represent clients throughout Nevada, including Las Vegas, Henderson, Washoe County, Reno, Clark County, Carson City, Laughlin, Mesquite, Bunkerville, Moapa, Elko, Pahrump, Searchlight and Tonopah.

Return to our main page on Nevada fraud crimes.

To learn about California credit card fraud law, go to our information page on California credit card fraud law.

Legal References:


1 NRS 205.760  Fraudulent use of credit card or debit card, or identifying description of credit account or debit card; presumption of knowledge of revocation of credit card or debit card.

    1. Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud:
(a) Uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where the person knows the credit card or debit card is forged or is the expired or revoked credit card or debit card of another;

(b) Uses the number or other identifying physical or electronic description of a credit account, customarily evidenced by a credit card or the number or other identifying physical or electronic description of a debit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or

(c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that the person is the authorized holder of a specified card or that the person is the holder of a card where the card has not in fact been issued, is guilty of a public offense and shall be punished 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.
    1. Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud, uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was issued in his or her name and which the person knows is revoked or expired, or when the person knows he or she does not have sufficient money or property with which to pay for the extension of credit or to cover the debit from the account linked to his or her debit card, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:
(a) One hundred dollars 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.

(b) Less than $100, for a misdemeanor.
  1. A person is presumed to have knowledge of the revocation of a credit card or debit card 4 days after notice of the revocation has been mailed to the person by registered or certified mail, return receipt requested, at the address set forth on the credit card or debit card or at the person's last known address. If the address is more than 500 miles from the place of mailing, notice must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice may be presumed to have been received 10 days after the mailing.

2 NRS 205.690 Obtaining or possessing credit card or debit card, or identifying description of credit card, credit account or debit card without consent of cardholder; presumption from possession; exemptions.

    1. A person who steals, takes or removes a credit card or debit card from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that a credit card or debit card has been so taken, removed or stolen receives the credit card or debit card with the intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, 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 possesses a credit card or debit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card or debit card with the intent to defraud 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 has in his or her possession or under his or her control two or more credit cards or debit cards issued in the name of another person is presumed to have obtained and to possess the credit cards or debit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards or debit cards used in the regular course of the possessor's business or employment or where the possession is with the consent of the cardholder.
    1. The provisions of this section do not apply to a person employed by or operating a business, including, but not limited to, a bank or other financial institution, credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying physical or electronic description of a credit card, debit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.
    1. As used in this section:
(a) “Credit card” includes, without limitation, the number or other identifying physical or electronic description of a credit card or credit account.

(b) “Debit card” includes, without limitation, the number or other identifying physical or electronic description of a debit card.

3 NRS 205.760 Fraudulent use of credit card or debit card, or identifying description of credit account or debit card; presumption of knowledge of revocation of credit card or debit card.

    1. Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud:
(a) Uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where the person knows the credit card or debit card is forged or is the expired or revoked credit card or debit card of another;

(b) Uses the number or other identifying physical or electronic description of a credit account, customarily evidenced by a credit card or the number or other identifying physical or electronic description of a debit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or

(c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that the person is the authorized holder of a specified card or that the person is the holder of a card where the card has not in fact been issued, is guilty of a public offense and shall be punished 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.
    1. Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud, uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was issued in his or her name and which the person knows is revoked or expired, or when the person knows he or she does not have sufficient money or property with which to pay for the extension of credit or to cover the debit from the account linked to his or her debit card, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:
(a) One hundred dollars 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.

(b) Less than $100, for a misdemeanor.
  1. A person is presumed to have knowledge of the revocation of a credit card or debit card 4 days after notice of the revocation has been mailed to the person by registered or certified mail, return receipt requested, at the address set forth on the credit card or debit card or at the person's last known address. If the address is more than 500 miles from the place of mailing, notice must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice may be presumed to have been received 10 days after the mailing.

4 NRS 205.690; NRS 205.790 Possession of incomplete credit cards or debit cards or equipment to produce cards.

    1. A person, except the cardholder, who possesses two or more incomplete credit cards or debit cards with the intent to complete them without the consent of the issuer, or a person who, with knowledge of its character, possesses machinery, plates or any other contrivance designed to produce instruments which purport to be the credit cards or debit cards of an issuer who has not consented to the preparation of such credit cards or debit cards is guilty of a category D felony and shall be punished as provided in NRS 193.130.
  1. As used in this section, a credit card or debit card is “incomplete” if part of the matter, except the signature of the cardholder, required by an issuer to appear on the credit card or debit card has not yet been stamped, embossed, imprinted or written on the credit card or debit card.

NRS 205.710 Sale or purchase of credit card or debit card, or identifying description of credit card, debit card or credit account; exemptions.

    1. A person, except the issuer, who:
(a) Sells a credit card or debit card or the number or other identifying physical or electronic description of a credit card, debit card or credit account; or

(b) Buys a credit card, debit card or the number or other identifying physical or electronic description of a credit card, debit card or credit account from a person other than the issuer, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
  1. The provisions of this section do not apply to a person employed by or operating a business, including, but not limited to, a bank or other financial institution, credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying physical or electronic description of a credit card, debit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.

5 NRS 205.720 Obtaining control of credit card or debit card as security for debt. A person who, with the intent to defraud, obtains control over a credit card or debit card as security for debt 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.

6 NRS 205.765 Presumption of intent to defraud and knowledge that holder of credit card or debit card has insufficient money or property. In a criminal action for using a credit card or debit card to obtain money, goods, property, services or anything of value with insufficient money or property with which to pay for the extension of credit, with intent to defraud, that intent and the knowledge that the holder of the credit card has insufficient money or property is presumed to exist if payment is refused by the issuer or other creditor when it is presented in the usual course of business, unless within 5 days after payment is refused by the issuer if the action involves the use of a debit card or within 10 days after payment is refused by the issuer if the action involves the use of a credit card, the holder of the credit card pays the full amount due plus any handling charges.

7 NRS 205.800 Receiving property or services obtained by unlawful use of credit card or debit card; presumption of knowledge.

    1. A person who receives money, property, goods, services or anything of value obtained in violation of NRS 205.760, knowing or believing that the money, property, goods, services or other things of value were so obtained, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
  1. A person who obtains at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company and acquired in violation of NRS 205.760 under such circumstances as to cause a reasonable person to believe that the ticket was obtained in violation of this section is presumed to know that the ticket was obtained in violation of NRS 205.760

8 NRS 205.770 Fraud by person authorized to provide goods or services: Furnishing goods or services upon presentation of credit card or debit card illegally obtained or possessed. A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or an agent or employee of the authorized person, who, with the intent to defraud, furnishes money, goods, property, services or anything else of value upon presentation of a credit card or debit card that the person, employee or agent knows was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or is forged, expired or revoked 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.

NRS 205.780  Fraud by person authorized to provide goods or services: Misrepresentation to issuer. A person who is authorized by an issuer to furnish money, goods, property, services or anything of value upon presentation of a credit card or debit card by the cardholder, or an agent or employee of the authorized person, who, with the intent to defraud, misrepresents to the issuer the value of the goods the person furnishes or who fails to furnish money, goods, property, services or anything else of value which the person represents in writing to the issuer that he or she has furnished 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.

9 Amanda Finnegan, Ten more charged in credit card fraud investigation, Las Vegas Sun (Dec 10, 2008).

10See Brackeen v. State, 763 P.2d 59, 104 Nev. 547 (1988).

11 NRS 205.765  Presumption of intent to defraud and knowledge that holder of credit card or debit card has insufficient money or property.   if payment is refused by the issuer or other creditor when it is presented in the usual course of business, unless within 5 days after payment is refused by the issuer if the action involves the use of a debit card or within 10 days after payment is refused by the issuer if the action involves the use of a credit card, the holder of the credit card pays the full amount due plus any handling charges.

12 NRS 205.740  Forgery of credit card or debit card; presumption from possession.

    1. A person who, with the intent to defraud, falsely makes or falsely embosses a purported credit card or debit card or utters such a credit card or debit card 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, except the purported issuer, who possesses two or more credit cards or debit cards that are falsely made or falsely embossed is presumed to have violated this section.
    1. For the purpose of this section:
(a) A person “falsely makes” a credit card or debit card when the person alters a validly issued credit card or debit card or makes or draws, in whole or in part, a device or instrument which purports to be the credit card or debit card of a named issuer where the issuer did not authorize the making or drawing.

(b) A person “falsely embosses” a credit card or debit card when, without the authorization of the named issuer, the person completes a credit card or debit card by adding any matter, except the signature of the cardholder, which the issuer requires to appear on the credit card or debit card before the credit card or debit card can be used by a cardholder.

13 18 USC § 1029  Fraud and related activity in connection with access devices

(a) Whoever-

    1. knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;
    1. knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period;
    1. knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;
    1. knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment;
    1. knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000;
    1. without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of-
(A) offering an access device; or

(B) selling information regarding or an application to obtain an access device;
    1. knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services;
    1. knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver;
    1. knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization; or
  1. without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device; shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.

(b)

    1. Whoever attempts to commit an offense under subsection (a) of this section shall be subject to the same penalties as those prescribed for the offense attempted.
  1. Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both.

(c) Penalties.-

    1. Generally.- The punishment for an offense under subsection (a) of this section is-
(A) in the case of an offense that does not occur after a conviction for another offense under this section-

(i) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and

(ii) if the offense is under paragraph (4), (5), (8), or (9) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both;

(B) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both; and

(C) in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offense.
    1. Forfeiture procedure.- The forfeiture of property under this section, including any seizure and disposition of the property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled Substances Act, except for subsection (d) of that section.
(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

(e) As used in this section-
    1. the term “access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);
    1. the term “counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;
    1. the term “unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud;
    1. the term “produce” includes design, alter, authenticate, duplicate, or assemble;
    1. the term “traffic” means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;
    1. the term “device-making equipment” means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;
    1. the term “credit card system member” means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system;
    1. the term “scanning receiver” means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119 or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument;
    1. the term “telecommunications service” has the meaning given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153);
    1. the term “facilities-based carrier” means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934; and
    1. the term “telecommunication identifying information” means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.
(f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(g)

    1. It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier.
    1. In a prosecution for a violation of subsection (a)(9), (other than a violation consisting of producing or trafficking) it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in for research or development in connection with a lawful purpose.
(h) Any person who, outside the jurisdiction of the United States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offense under subsection (a) or (b) of this section, shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if-
    1. the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and
  1. the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.

14 NRS 205.690.

15 NRS 205.680.

16 NRS 205.760(2).

17 18 USC § 1029.

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Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California and Nevada. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370