Credit card fraud is a serious crime in any state, but Nevada has some of the tougher laws for this offense and that can mean serious problems for facing those charges. It could mean a felony conviction which means you could face jail time, fines, restitution, as well as probation or parole. What’s more, a felony conviction stays on your record forever.
The state of Nevada ranks number one in the union for fraud. It has the highest amount of fraud per capita with nearly 36,000 fraud reports in 2020. It also ranked fourth for identity theft. In 2020, the state’s annual fraud loss was $36.5 million.
This puts fraud and related white collar crimes squarely on Nevada’s radar and is a major reason that lawmakers are working so hard to combat it.
What is Credit Card Fraud?
Credit card fraud is using a person’s credit card or debit card without their permission. That can mean making unauthorized purchases or withdrawing funds fraudulently. However, it can also mean several other offenses, such as applying for a new card under false pretenses, forging cards, selling stolen cards, buying stolen cards, and a lot more.
It is also important to understand the financial instruments that are used in this type of crime. There are two:
- Debit Card – A device or instrument issued to the cardholder by the company that maintains the card (bank, credit union, etc.) and is used to obtain things of value by the issuer removing funds from the saving account or checking account of the cardholder.
- Credit Card – A device or instrument issued to the cardholder by the company that maintains the card (bank, credit union, etc.) and is used to obtain things of value on credit.
Credit Card Fraud Under Nevada Law
Under Nevada law, it is illegal to commit credit card fraud. The laws are very clear. They cover all types of fraudulent activity surrounding credit and debit cards, clearly outlining the offenses.
Nevada Code – Chapter 205 – Crimes Against Property
- 205.760 – Fraudulent Use of Credit or Debit Card – this code makes it illegal to commit certain acts with intent to defraud
- Using a debit card or credit card to obtain services, property, goods, money, or anything of value if the card was retained or obtained illegally or if the accused is aware that the card is expired, forged, or has been revoked.
- Using the card numbers to obtain services, property, goods, money, or anything of value without the named cardholder’s consent.
- Obtaining services, property, goods, money, or anything of value without the cardholder’s consent yet claiming that the accused does have the cardholder’s consent or that the accused is the holder of a card that has not been issued.
This means that in Nevada it is illegal to fraudulently apply for a card, illegally possess or obtain a card, illegally sell or buy a card, and forge a credit card. State lawmakers take this crime very seriously and the penalties for these offenses reflect that.
What are the Penalties for Credit Card Fraud in Las Vegas?
The penalties for credit card fraud in Nevada are harsh. Maximum penalties include jail time, fines, and often restitution.
- Fraudulently Applying for a Card
- Gross Misdemeanor
- Maximum imprisonment is 364 days
- Maximum fine is $2,000
- Gross Misdemeanor
- Fraudulently using a credit or debit card
- Category D Felony
- Minimum imprisonment is 1 year
- Maximum imprisonment is 4 years
- Maximum fine is $5,000
- Restitution
- Category D Felony
- Illegally Obtaining or Possessing a Card
- Category D Felony
- Minimum imprisonment is 1 year
- Maximum imprisonment is 4 years
- Maximum fine is $5,000
- Restitution
- Category D Felony
- Illegally Buying or Selling a Card
- Category D Felony
- Minimum imprisonment is 1 year
- Maximum imprisonment is 4 years
- Maximum fine is $5,000
- Category D Felony
- Forging a Credit Card
- Category D Felony
- Minimum imprisonment is 1 year
- Maximum imprisonment is 4 years
- Maximum fine is $5,000
- Restitution
- Category D Felony
A felony conviction will stay on your record for the rest of your life and can affect your ability to get employment, obtain housing, and hold public office.
Defenses for Credit Card Fraud in Nevada
The criminal justice system is complex and can be overwhelming. A Las Vegas criminal defense lawyer can help you navigate the court system and help ensure that your rights are protected. They will work with you to develop your defense strategy. The four most common defenses for credit card fraud include:
- Lack of intent to defraud
- Consent of the cardholder
- Mistaken identity
- Illegal search and seizure
If you are facing charges of credit card fraud in Nevada, we can help. Call the office of ATAC Law and get the legal representation that you deserve. Our skilled, knowledgeable team will work to ensure you have the best possible outcome for your case. Exercise your right to an attorney today and give us a call.
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