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Home , Embezzlement, Gross misdemeanor, Larceny

Fact Sheet PENALTIES FOR CATEGORY C UNDER NEVADA REVISED STATUTES (NRS)

RESEARCH DIVISION REVISED FEBRUARY 2018 LEGISLATIVE COUNSEL BUREAU

CATEGORY C FELONIES A category C is a felony for which a court shall a convicted person to imprisonment in the state for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute. Mandatory restitution is included for those sentences noted by an asterisk (*). (NRS 193.130) Note: Yellow shading indicates changes made by the 2017 Legislature. PENALTY (NRS CITATION) Prison Term Fine Violation of extended order involving crime against a child (NRS 33.400) 1 to 5 years Not more than $10,000 Commodities (NRS 91.340) 1 to 5 years* Not more than $20,000 Fraudulent sale of subdivided land (NRS 119.330) 1 to 5 years* Not more than $10,000 Improperly sharing or disclosing DNA information related to a felony arrest 1 to 5 years Not more than $10,000 (NRS 176.0916) Failure to register as sex offender, second or subsequent offense within 7 years 1 to 5 years; no probation Not more than $10,000 (NRS 179D.550) or suspended sentence Public offense proportionate to the value of the affected or the loss resulting 1 to 5 years Not more than $10,000 from such offense, property value $5,000 or more (NRS 193.155) Attempted category B felony with a maximum penalty of 10 years or less 1 to 5 years Not more than $10,000 (NRS 193.330) to a felony who is not a spouse, domestic partner, brother, sister, parent or 1 to 5 years Not more than $10,000 grandparent, child or grandchild of offender (NRS 195.040) Misprision of (knowledge of the commission of treason, concealment of crime) 1 to 5 years Not more than $10,000 (NRS 196.030) of executive officer (NRS 197.010) 1 to 5 years Not more than $10,000 Bribery of public officer (NRS 197.020) 1 to 5 years Not more than $10,000 Executive officer accepting bribe (NRS 197.030) 1 to 5 years Not more than $10,000 Public officer accepting bribe (NRS 197.040) 1 to 5 years Not more than $10,000 Bribery of judicial officer (NRS 199.010) 1 to 5 years Not more than $10,000 Judicial officer accepting bribe (NRS 199.020) 1 to 5 years Not more than $10,000 Juror accepting bribe (NRS 199.030) 1 to 5 years Not more than $10,000 Rescuing felony prisoner (NRS 199.100) 1 to 5 years Not more than $10,000 Bribery or of witness (NRS 199.240) 1 to 5 years Not more than $50,000 Witness accepting bribe (NRS 199.250) 1 to 5 years Not more than $10,000 Resisting officer, use of firearm or taking firearm from officer (NRS 199.280) 1 to 5 years Not more than $10,000 Intimidating public officer, force involved, first offense (NRS 199.300) 1 to 5 years Not more than $10,000 Violation of extended order by perpetrator of alleged sexual (NRS 200.378) 1 to 5 years Not more than $10,000 Trafficking a child to avoid responsibility for the child or to sell or otherwise transfer a 1 to 5 years Not more than $10,000 child for money or anything of value (NRS 200.4658) without weapon, but with substantial injury or by strangulation (NRS 200.481) 1 to 5 years Not more than $10,000 Battery that constitutes domestic violence, third or subsequent offense in 7 years 1 to 5 years; no probation Not more than $10,000 (NRS 200.485) or suspended sentence Battery that constitutes domestic violence committed by strangulation (NRS 200.485) 1 to 5 years; no probation Mandatory fine, not more or suspended sentence than $15,000 /neglect: Permitting or allowing a child to suffer unjustifiable physical pain 1 to 5 years Not more than $10,000 or mental suffering, no substantial bodily or mental harm, subsequent violation (NRS 200.508)

CATEGORY C FELONIES A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute. Mandatory restitution is included for those sentences noted by an asterisk (*). (NRS 193.130) Note: Yellow shading indicates changes made by the 2017 Legislature. PENALTY CRIME (NRS CITATION) Prison Term Fine Abuse of older person or vulnerable person, first offense (discretionary, either category 1 to 5 years Not more than $10,000 C felony or gross ) (NRS 200.5099) Legally responsible person neglecting older person or vulnerable person or permitting 1 to 5 years Not more than $10,000 such neglect causing physical pain or mental suffering, first offense (discretionary, either category C felony or ) Exploiting or isolating older person or vulnerable person, first offense (discretionary, 1 to 5 years Not more than $10,000 either category C felony or gross misdemeanor) (NRS 200.5099) Stalking with the use of a computer (Internet, e-mail, or network) (NRS 200.575) 1 to 5 years Not more than $10,000 Stalking; violation of an extended order from the court (NRS 200.591) 1 to 5 years Not more than $10,000 Intentionally viewing pornography depicting child less than 16 years of age controlled 1 to 5 years Not more than $10,000 through the Internet, first offense (NRS 200.727) Performance of a health care procedure without a license resulting in substantial bodily 1 to 5 years; no probation Not more than $10,000 harm, first offense (NRS 200.830) or suspended sentence Performance of a surgical procedure without a license resulting in no substantial bodily 1 to 5 years Not more than $10,000 harm, first offence (NRS 200.840) Failure to pay spousal or child support: $10,000 total, or $5,000 total and subsequent 1 to 5 years Not more than $5,000 violation (NRS 201.020) Pandering of an adult without force or threat of force (NRS 201.300) 1 to 5 years Not more than $10,000 Soliciting a child for , third and subsequent offence (NRS 201.354) 1 to 5 years, no probation Not more than $10,000 or suspended sentence Placing person in house of prostitution, force or threat of force (NRS 201.360) 1 to 5 years Not more than $10,000 Unlawful sexual conduct between a current or former school employee or volunteer 1 to 5 years Not more than $10,000 who is 21 years of age or older and pupil who is or was 16 or 17 years of age at time of conduct (NRS 201.540) Unlawful sexual conduct between a current or former employee, contractor, or 1 to 5 years Not more than $10,000 volunteer who is 25 years of age or older, works at an entity that provides services to children and is in a position of authority, and a pupil who is or was 16 or 17 years of age at time of conduct (NRS 201, new section) Unlawful sexual conduct between university employee and student 16 or 17 years of 1 to 5 years Not more than $10,000 age who has not yet earned a high school diploma or its equivalent (NRS 201.550) Using a computer, system, or network to lure a child, a person believed to be a child, 1 to 5 years Not more than $10,000 or a mentally ill person through material harmful to minors (NRS 201.560) Using a hoax bomb in the furtherance of another felony (NRS 202.263) 1 to 5 years Not more than $10,000 Changing, altering, removing, or obliterating serial number of firearm (NRS 202.277) 1 to 5 years Not more than $10,000 Permitting minor to unlawfully handle firearm, first offense and substantial known risk 1 to 5 years Not more than $10,000 child will use firearm for violent act (NRS 202.300) Unlawful manufacture, importation, sale, or possession of machine gun or silencer 1 to 5 years Not more than 10,000 or unlawful carrying of explosive, firearm, or deadly weapon (NRS 202.350) Damage to utility, agricultural, government, or construction property to obtain scrap 1 to 5 years* Not more than $10,000 metal, interruption in utility service (NRS 202.582) Negligent act in reckless disregard of safety of others resulting in substantial bodily 1 to 5 years Not more than $10,000 harm or death (NRS 202.595) , value of $650 or more but less than $3,500 (NRS 205.0835) 1 to 5 years* Not more than $10,000 Possession or receiving forged instrument (NRS 205.160) 1 to 5 years* Not more than $10,000 Counterfeiting gold or silver (NRS 205.180) 1 to 5 years* Not more than $10,000 Possession or receipt of counterfeit gold dust, silver, bullion, or bars with intent 1 to 5 years Not more than $10,000 to circulate or defraud (NRS 205.185) Unlawful reproduction or sale of sound recordings, subsequent offense (NRS 205.217) 1 to 5 years Not more than $10,000 Grand , value of $650 or more but less than $3,500 (NRS 205.220 and 205.222) 1 to 5 years* Not more than $10,000 Grand larceny of motor vehicle, value less than $3,500 (NRS 205.228) 1 to 5 years* Not more than $10,000 2

CATEGORY C FELONIES A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute. Mandatory restitution is included for those sentences noted by an asterisk (*). (NRS 193.130) Note: Yellow shading indicates changes made by the 2017 Legislature. PENALTY CRIME (NRS CITATION) Prison Term Fine Theft of scrap metal over 90-day period, value of $650 or more but less than $3,500 1 to 5 years* Not more than $10,000 (NRS 205.267) Taking not amounting to , value less than $3,500 (NRS 205.270) 1 to 5 years; no probation Not more than $10,000 or suspended sentence if victim suffers infirmity Theft from vending machine, value of $650 or more but less than $3,500 1 to 5 years* Not more than $10,000 (NRS 205.2707) Receiving or transporting stolen vehicle, value less than $3,500 (NRS 205.273) 1 to 5 years* Not more than $10,000 Owning or operating premises used for illegal altering, disassembly, or sale of motor 1 to 5 years Not more than $50,000 vehicles or parts of motor vehicles (NRS 205.2745) Receiving or possessing stolen goods, value of $650 or more but less than $3,500 1 to 5 years* Not more than $10,000 (NRS 205.275) Fraudulent sale of same more than once, value of $650 or more 1 to 5 years* Not more than $10,000 (NRS 205.365) Swindling, credit by false representation, value of $650 or more (NRS 205.370) 1 to 5 years* Not more than $10,000 Mortgage lending fraud (as of 2015 includes mortgage servicer) (NRS 205.372) 1 to 10 years Not more than $10,000 False representation of title (NRS 205.395) 1 to 5 years Not more than $10,000 Collecting for benefit without authority, value of $650 or more (NRS 205.415) 1 to 5 years* Not more than $10,000 Fraudulently issuing stock (NRS 205.435) 1 to 5 years* Not more than $10,000 Personating another to make that person liable for debt, damages, etc. (NRS 205.450) 1 to 5 years Not more than $10,000 Obtaining and using another’s personal identifying information to avoid prosecution 1 to 5 years* Not more than $10,000 (NRS 205.463) Public officer or employee obtaining and possessing or transferring another’s personal 1 to 5 years* Not more than $10,000 identifying information to establish false identity (NRS 205.464) Public officer or employee aiding another public officer or employee to commit 1 to 5 years* Not more than $10,000 involving another’s personal identifying information (NRS 205.464) False identification crimes (NRS 205.465) 1 to 5 years Not more than $10,000 Unlawful use of radio frequency identification document of another person, without 1 to 5 years Not more than $10,000 knowledge or (NRS 205.46515) Computer crimes involving fraud or response costs, injury or other damages in excess 1 to 5 years* Not more than $100,000 of $500, or disruption in public services (NRS 205.4765) Computer crimes involving denial of access to or unlawful use of computers 1 to 5 years* Not more than $100,000 (NRS 205.477) Possession of scanning device or reencoder for unlawful purpose (NRS 205.606) 1 to 5 years Not more than $10,000 Unlawful killing of estray or livestock (NRS 206.150) 1 to 5 years Not more than $10,000 Bribery regarding a sporting event (NRS 207.290) 1 to 5 years Not more than $10,000 Impersonation of officer or employee of utility with intent to aid act of 1 to 5 years Not more than $10,000 or sabotage (NRS 207.345) Concealing escaped felon (NRS 212.130) 1 to 5 years Not more than $10,000 Bribery of legislator (NRS 218A.960) 1 to 5 years Not more than $10,000 Legislator accepting bribe (NRS 218A.965) 1 to 5 years Not more than $10,000 Stealing, altering, defacing public records (NRS 239.300) 1 to 5 years Not more than $10,000 Removing, injuring, or concealing public records (NRS 239.310) 1 to 5 years Not more than $10,000 Officer injuring or concealing public record (NRS 239.320) 1 to 5 years Not more than $10,000 Offering false instrument for filing or recording (NRS 239.330) 1 to 5 years Not more than $10,000 Unlawful disclosure of document prepared and maintained to prevent or respond 1 to 5 years Not more than $10,000 to terrorism with intent to aid act of terrorism or sabotage (NRS 239C.210) Unlawful disclosure of information relating to a utility’s vulnerability assessment, with 1 to 5 years Not more than $10,000 intent to aid act of terrorism or sabotage (NRS 239C.270) 3

CATEGORY C FELONIES A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute. Mandatory restitution is included for those sentences noted by an asterisk (*). (NRS 193.130) Note: Yellow shading indicates changes made by the 2017 Legislature. PENALTY CRIME (NRS CITATION) Prison Term Fine Using a document authenticated by the Secretary of State to harass a person or commit 1 to 5 years Not more than $5,000 fraud or other unlawful act (NRS 240.1657) Using an authentication of a signature of an electronic notary public by the Secretary of 1 to 5 years Not more than $5,000 State to harass a person or commit fraud or other unlawful act (NRS 240.205) Forging or possessing any forged license, stamp, or cigarette tax meter impression 1 to 5 years Not more than $10,000 (NRS 370.380) Failure to keep certain records; fraudulent records; or failure to comply with certain 1 to 5 years Not more than $10,000 tobacco relating to mailing or shipments of cigarettes with intent to defraud the State (NRS 370.382) Violations of laws governing mailing or delivery of cigarettes (NRS 370.395) 1 to 5 years Not more than $10,000 Sale or possession for sale of contraband tobacco products, subsequent offense, value 1 to 5 years Not more than $10,000 of $250 or more (NRS 370.405) Sale or purchase of parts for transplantation or therapy for valuable consideration 1 to 5 years Not more than $50,000 (NRS 451.590) Falsifying, forging, concealing, defacing, or obliterating an anatomical gift document 1 to 5 years Not more than $50,000 (NRS 451.591) Importing, selling, etc., schedule III, IV, or V drugs; first offense (NRS 453.321) 1 to 5 years Not more than $10,000 Unlawful possession or disposal of methamphetamine manufacturing waste 1 to 5 years Not more than $10,000 (NRS 453.324) Violations of Controlled Substances Act: keeping or maintaining a drug house, record 1 to 5 years Not more than $10,000 keeping, refusing entry to inspector (NRS 453.326) Violation of Controlled Substances Act: prescription fraud (NRS 453.331) 1 to 5 years Not more than $10,000 Sale of imitation controlled substance to minor by person over 18 (NRS 453.332) 1 to 5 years Not more than $10,000 Use or possess with intent to use imitation controlled substance, or advertise to promote 1 to 5 years Not more than $10,000 distribution of imitation controlled substance, third or subsequent offense (NRS 453.332) Allowing child to be present where controlled substances are being used, no substantial 1 to 5 years Not more than $10,000 bodily harm or death (NRS 453.3325) Possession for purpose of sale of schedule I or II drugs, flunitrazepam, or GHB; 1 to 5 years, no probation Not more than $10,000 second offense (NRS 453.337) or suspended sentence Possession for purpose of sale of schedule III, IV, or V drugs; third or subsequent 1 to 5 years, no probation Not more than $10,000 offense (NRS 453.338) or suspended sentence Trafficking, 50 to 1,000 pounds of marijuana, or 1 to 20 pounds of concentrated 1 to 5 years Mandatory fine, not more cannabis (NRS 453.339) than $25,000 Trafficking schedule II drugs, 28 to 200 grams (NRS 453.3395) 1 to 5 years Mandatory fine, not more than $50,000 Filling or delivering of prescriptions by illegal Internet pharmacy (NRS 453.3638) 1 to 5 years Not more than $10,000 Unlawful acts relating to filling prescriptions via the Internet (NRS 453.3639) 1 to 5 years Not more than $10,000 Unlawful acts relating to prescribing drugs with knowledge of involvement of illegal 1 to 5 years Not more than $10,000 Internet pharmacy (NRS 453.3643) to violate the Uniform Controlled Substances Act, first offense 1 to 5 years Not more than $10,000 (NRS 453.401) Violations of controlled substances provisions relating to the prescribing and dispensing 1 to 5 years Not more than $10,000 of controlled substances by licensed individuals (NRS 453.421) Unlawful acts relating to the filling and refilling of prescriptions (NRS 453.431) 1 to 5 years Not more than $10,000 Providing drug paraphernalia to minor (NRS 453.562) 1 to 5 years; may order Not more than $10,000 restitution for cost of drug treatment program Gaming (now includes “business entity” sports wagering) (NRS 463.360) 1 to 5 years* Not more than $10,000 Violations of gaming cash reporting requirements (NRS 463.360) 1 to 5 years Not more than $10,000 4

CATEGORY C FELONIES A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute. Mandatory restitution is included for those sentences noted by an asterisk (*). (NRS 193.130) Note: Yellow shading indicates changes made by the 2017 Legislature. PENALTY CRIME (NRS CITATION) Prison Term Fine Disseminating race information without license (NRS 463.480) 1 to 5 years Not more than $10,000 Theft of fire prevention device, value of $650 or more but less than $3,500 1 to 5 years* Not more than $10,000 (NRS 475.105—Punished as grand larceny. See NRS 205.222.) Weaponizing and discharging a weaponized unmanned aerial vehicle (NRS 493.106) 1 to 5 years Not more than $10,000 Willful and malicious killing of a wild horse (NRS 504.490) 1 to 5 years Not more than $10,000 Owning, purchasing, training, promoting, or otherwise taking part in staging animal 1 to 5 years Not more than $10,000 fights; second offense (NRS 574.070) Overloading, overdriving, torturing, injuring, or abandoning animals; third or 1 to 5 years* Not more than $10,000 subsequent offense in 7 years (NRS 574.100) Torturing, maiming, mutilating, or killing a dog, cat, or companion animal with intent to 1 to 5 years Not more than $10,000 threaten, intimidate, or terrorize another person (NRS 574.100) Mistreatment of police animal resulting in totally disabling or killing the animal 1 to 5 years Not more than $10,000 (NRS 574.105) Willfully and unjustifiably killing a dog used for certain exhibition types of events 1 to 5 years Not more than $10,000 (NRS 574.107) Failure to provide proper food and water to impounded animal, third or subsequent 1 to 5 years* Not more than $10,000 and offense (NRS 574.120) mandatory restitution Poisoning livestock (NRS 574.150) 1 to 5 years* Not more than $10,000 and mandatory restitution Animal inspector accepting bribe (NRS 583.543) 1 to 5 years Not more than $10,000 Unlawful sale by informal merchant causing substantial bodily harm (NRS 597.915) 1 to 5 years* Not more than $10,000 Violation of Uniform Trade Act: theft of trade secrets (NRS 600A.035) 1 to 10 years Not more than $10,000 Using plan or scheme to avoid being subject to unemployment compensation laws 1 to 5 years Not more than $10,000 (NRS 612.730) Failure to provide, secure, or maintain compensation: either first offense and employee 1 to 5 years Not more than $50,000 suffers injury resulting in substantial bodily harm or death or subsequent offense within 7 years (NRS 616D.200) Hold oneself out as a certain type of medical practitioner or practice certain types of 1 to 5 years Not more than $10,000 medical care without a license resulting in substantial bodily harm (NRS 630.400) Failure either to acquire or deliver a complete and accurate statement concerning prior 1 to 5 years Not more than $10,000 sales of prescription drugs (NRS 639.550) Destroying, failing to authenticate, forging, or falsifying statement identifying prior 1 to 5 years Not more than $10,000 sales of prescription drugs (NRS 639.555) Banking-related , $650 or more (NRS 668.055) 1 to 5 years* Not more than $10,000 Fraudulent reports by financial institution (NRS 668.095) 1 to 5 years Not more than $10,000 Thrift company embezzlement (NRS 677.810) 1 to 5 years* Not more than $50,000 Disclosure of certain health care information under (NRS 695C, 1 to 5 years Not more than $100,00 new section) Willful and malicious destruction or obstruction of railroad tracks (NRS 705.460) 1 to 5 years Not more than $10,000

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