NRS § 205.690 – Possession of Credit Card without Consent – Nevada Law & Penalties

NRS 205.690 is the Nevada law that prohibits people from possessing other people’s credit cards without their consent if they intend to use the cards for fraudulent purposes. A person can be convicted of this crime even if he/she never used the card to make a purchase — merely having the intent to defraud makes credit card possession criminal.

The language of § 205.690 reads as follows:

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.

2. 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.

Like most credit card fraud crimes (NRS 205.760), unlawful credit card possession under NRS 205.690 is a category D felony, carrying:

• One to four (1 – 4) years in Nevada State Prison, and
• possibly up to $5,000 in fines, and
• victim restitution

However, the defense and prosecution may be able to negotiate a plea bargain where the charges get reduced or dismissed. Typical defenses to the Nevada crime of possessing credit cards without consent are:

1. The defendant had no intent to defraud,
2. The cardholder gave consent to the defendant’s possession, and/or
3. The police conducted an illegal search or seizure

In this article, our Las Vegas Nevada criminal defense attorneys discuss the following illegal credit card possession topics:

• 1. “Credit Card Possession Without Consent” Defined
• 2. Penalties
• 3. Defenses
• 4. Sealing Records
• 5. Immigration Consequences
• 6. Related Offenses
• Additional Resources

1. “Credit Card Possession Without Consent” Defined

Nevada law prohibits people from possessing other people’s credit cards without their consent and for the purpose of committing fraud. Specifically, NRS 205.690 violations have three elements prosecutors have the burden to prove beyond a reasonable doubt:

1. the defendant possesses another person’s card;
2. the cardholder did not give the defendant consent to possess the card; and
3. the defendant has intent to defraud by using, selling, circulating, or transferring the card¹

Nevada courts presume that defendants have an intent to defraud if they have two or more credit cards in their possession that belong to other people. However, courts can drop this presumption if defendants can show they had a lawful reason for possessing the cards.²

2. Penalties

Violating NRS 205.690 is a category D felony, carrying:

• One to four (1 – 4) years in prison, and
• possibly up to $5,000 in fines, and
• restitution to the victim(s)

However, the D.A. may be willing to reduce the charge to a misdemeanor or a full dismissal depending on the facts of the case.³

3. Defenses

Three common defense strategies for defending against charges of unlawful credit card possession include:

1. Lack of intent to defraud
2. Cardholder consent
3. Illegal search and seizure

Note that it is not a defense to NRS 205.690 charges that the defendant did not succeed in defrauding anyone with the card.

There is No Intent to Defraud

Illegal credit card possession is an intent crime.⁴ Therefore, possessing another person’s card is not an NRS 205.690 violation if the possessor had no intent to defraud.

Example: Jane is a shopaholic. Jane’s friend Mary secretly takes Jane’s credit card and hides it so Jane cannot continue to make purchases. Although Mary could probably be prosecuted for theft for taking the card, Mary did not commit illegal credit card possession because she had no intent to defraud anyone with the card.

Had Mary in the above example intended to use Jane’s card, then Mary could be vulnerable to illegal card possession charges.

The Cardholder Gave Consent

It is not fraud for someone to possess another person’s credit card with that person’s permission. A criminal defense attorney may be able to prove consent through such evidence as:

• the cardholder’s own testimony or past communications, such as text messages,
• any video or audio recordings that may exist of the cardholder giving consent, and/or
• witnesses who saw or heard the cardholder giving consent

Once the defense attorney can establish that the defendant acted with the consent of the cardholder, charges for unlawful credit card possession cannot stand.

The Police Conducted an Illegal Search and Seizure

The Fourth Amendment requires police to get valid warrants prior to conducting searches — or else to have a lawful reason to not get a warrant. When police may have violated the Fourth Amendment, the defense attorney can file a motion to suppress evidence asking the court to disregard any illegally obtained evidence. If the judge agrees, the prosecution may be left with too weak a case to sustain a guilty verdict.

4. Sealing Records

There is a five (5) year waiting period to seal an NRS 205.690 conviction from a defendant’s criminal record. Note that this five-year waiting period does not begin until after the case ends, not from the date of conviction.⁵

There is no waiting period to seal an NRS 205.690 case if the charge gets dismissed (meaning that there is no conviction).⁶ Learn more about how to seal Nevada criminal records.

5. Immigration Consequences

The Ninth Circuit Court of Appeals considers NRS 205.690 violations to be crimes involving moral turpitude, which are deportable offenses.⁷ Therefore, any non-U.S. citizen who has been charged with fraud is advised to seek an attorney experienced in both immigration and criminal defense law. A skilled attorney may be able to persuade the prosecutor to drop the charges or lessen them to non-deportable offenses.

6. Related Offenses

Bad Checks

Bad check crimes (NRS 205.130) occurs when someone deliberately tries to pass a check with insufficient money in his/her account. The penalties for passing a bad check turn on the amount the check was made out for:

A first-time offense of passing a bad check for less than $1,200 is a misdemeanor, carrying:

• up to six (6) months in jail, and/or
• up to $1,000 in fines, and
• restitution to the victim(s)⁸

Possession of Stolen Property

Possession of stolen property (NRS 205.725) occurs when someone knowingly possesses property stolen from someone else even if the possessor did not steal it him/herself. Nevada presumes that defendants know the property is stolen if they have three (3) or more of the same kind of property with defaced serial numbers.

The penalties for possessing stolen property in Nevada turn on the value of the property. Possessing less than $1,200 in stolen property is a misdemeanor, carrying:

• up to six (6) months in jail, and/or
• up to $1,000 in fines, and
• restitution to the victim(s)⁹

Forgery

Forgery (NRS 205.090) occurs when someone intentionally attempts to defraud another through falsified documents. Typical forgery offenses are signing someone else’s name on a check or contract without their consent or falsifying a legal document.

Forgery is a category D felony, carrying:

• One to four (1 – 4) years in prison, and
• possibly up to $5,000 in fines, and
• restitution to the victim(s) ¹⁰

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