Nevada Unlawful Acts Regarding Personal Identifying Information
Nev. Rev. Stat. § 205.461 - § 205.4657
Nevada Revised Statutes
Chapter 205 - Crimes Against Property
UNLAWFUL ACTS REGARDING PERSONAL IDENTIFYING INFORMATION
NRS 205.461 Definitions.
NRS 205.4611 “Artificial person” defined.
NRS 205.4613 “Document” defined.
NRS 205.4615 “Older person” defined.
NRS 205.4617 “Personal identifying information” defined.
NRS 205.462 “Public body” defined.
NRS 205.4623 “Public employee” defined.
NRS 205.4627 “Public officer” defined.
NRS 205.4629 “Vulnerable person” defined.
NRS 205.463 Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
NRS 205.464 Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
NRS 205.465 Possession or sale of document or personal identifying information to establish false status or identity; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
NRS 205.4651 Identity theft program card: Application; issuance; presentation to law enforcement agency or creditors; discretion to accept or reject program card; application not public record; regulations; acceptance of gifts, grants and donations.
NRS 205.46513 Establishing or possessing financial forgery laboratory unlawful; penalty; expert testimony.
NRS 205.46515 Capturing, storing, reading, retaining, using or disclosing information from radio frequency identification document of another person; penalty.
NRS 205.46517 Court records.
NRS 205.4653 Prosecution regardless of whether person whose personal identifying information was stolen is living or deceased, is artificial person or suffers financial loss or injury.
NRS 205.4655 Exempt persons.
NRS 205.4657 Defenses not available; jurisdiction.
NRS 205.461 Definitions. As used in NRS 205.461 to 205.4657, inclusive, unless the context otherwise requires, the words and terms defined in NRS 205.4611 to 205.4629, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 1355; A 2005, 1101, 2498; 2009, 762)
NRS 205.4611 “Artificial person” defined. “Artificial person” means any corporation, limited-liability company, limited-liability partnership, limited partnership, limited-liability limited partnership, business trust or municipal corporation or any comparable entity which is created and existing under the laws of this State, any other state, territory or foreign government, or the Government of the United States and which is doing business in this State.
(Added to NRS by 2005, 2497)
NRS 205.4613 “Document” defined. “Document” includes, without limitation, a photocopy print, photostat and other replica of a document.
(Added to NRS by 2003, 1355)
NRS 205.4615 “Older person” defined. “Older person” means a person who is 60 years of age or older.
(Added to NRS by 2005, 2497)
NRS 205.4617 “Personal identifying information” defined.
1. Except as otherwise provided in subsection 2, “personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a living or deceased person or to identify the actions taken, communications made or received by, or other activities or transactions of a living or deceased person, including, without limitation:
(a) The current or former name, driver’s license number, identification card number, social security number, checking account number, savings account number, credit card number, debit card number, financial services account number, date of birth, place of employment and maiden name of the mother of a person.
(b) The unique biometric data of a person, including, without limitation, the fingerprints, facial scan identifiers, voiceprint, retina image and iris image of a person.
(c) The electronic signature, unique electronic identification number, address or routing code, telecommunication identifying information or access device of a person.
(d) The personal identification number or password of a person.
(e) The alien registration number, government passport number, employer identification number, taxpayer identification number, Medicaid account number, food stamp account number, medical identification number or health insurance identification number of a person.
(f) The number of any professional, occupational, recreational or governmental license, certificate, permit or membership of a person.
(g) The number, code or other identifying information of a person who receives medical treatment as part of a confidential clinical trial or study, who participates in a confidential clinical trial or study involving the use of prescription drugs or who participates in any other confidential medical, psychological or behavioral experiment, study or trial.
(h) The utility account number of a person.
2. To the extent that any information listed in subsection 1 is designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify an artificial person, “personal identifying information” includes information pertaining to an artificial person.
(Added to NRS by 2003, 1355; A 2005, 2498; 2007, 2169)
NRS 205.462 “Public body” defined. “Public body” means:
1. The State of Nevada, or any agency, instrumentality or corporation thereof;
2. The Nevada System of Higher Education;
3. Any municipality, county, school district or other type of district, or a city or town, incorporated or unincorporated; or
4. Any other body corporate and politic comprising a political subdivision of this State or acting on behalf thereof.
(Added to NRS by 2003, 1355)
NRS 205.4623 “Public employee” defined. “Public employee” means any person who is an employee or independent contractor of a public body.
(Added to NRS by 2003, 1356)
NRS 205.4627 “Public officer” defined. “Public officer” means a person who:
1. Is elected or appointed to a position which is established by the Constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; or
2. Otherwise serves as an officer for a public body.
(Added to NRS by 2003, 1356)
NRS 205.4629 “Vulnerable person” defined. “Vulnerable person” means a person who:
1. Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or
2. Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.
(Added to NRS by 2005, 2497)
NRS 205.463 Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
1. Except as otherwise provided in subsections 2 and 3, a person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) With the intent to commit an unlawful act, uses the personal identifying information:
(1) To harm that other person;
(2) To represent or impersonate that other person to obtain access to any personal identifying information of that other person without the prior express consent of that other person;
(3) To obtain access to any nonpublic record of the actions taken, communications made or received by, or other activities or transactions of that other person without the prior express consent of that other person; or
(4) For any other unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that other person, 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 20 years, and may be further punished by a fine of not more than $100,000.
2. Except as otherwise provided in subsection 3, a person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. A person who violates:
(a) Subsection 1 or 2 by obtaining and using the personal identifying information of an older person or a vulnerable person;
(b) Subsection 1 or 2 by obtaining and using the personal identifying information of five or more persons;
(c) Subsection 1 or 2 by causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation; or
(d) Subsection 2 to avoid or delay being prosecuted for an unlawful act that is punishable as a category A felony or category B felony, 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 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
4. In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:
(a) Repair the credit history or rating of the person whose personal identifying information the convicted person obtained and used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the convicted person obtained and used in violation of subsection 1.
5. Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.
(Added to NRS by 1999, 1344; A 2003, 1357; 2005, 2499; 2007, 2169)
NRS 205.464 Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
1. Except as otherwise provided in subsection 2, a public officer or public employee who knowingly:
(a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and
(b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that person, 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 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
2. A public officer or public employee who violates subsection 1 by:
(a) Obtaining and using the personal identifying information of an older person or a vulnerable person;
(b) Obtaining and using the personal identifying information of five or more persons; or
(c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, 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 7 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
3. Except as otherwise provided in subsection 4, a public officer or public employee who knowingly:
(a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and
(b) Possesses, sells or transfers the personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. A public officer or public employee who violates subsection 3 by:
(a) Obtaining and possessing, selling or transferring the personal identifying information of an older person or a vulnerable person;
(b) Obtaining and possessing, selling or transferring the personal identifying information of five or more persons; or
(c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, 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 20 years, and may be further punished by a fine of not more than $100,000.
5. Except as otherwise provided in subsection 6, a public officer or public employee who knowingly aids another public officer or public employee to commit a violation of any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. A public officer or public employee who violates subsection 5 by knowingly aiding another public officer or public employee in committing a violation of this section by:
(a) Obtaining the personal identifying information of an older person or a vulnerable person;
(b) Obtaining the personal identifying information of five or more persons; or
(c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, 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 20 years, and may be further punished by a fine of not more than $100,000.
7. The provisions of this section do not prohibit the possession or use of any personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.
8. In addition to any other penalty, the court shall order a public officer or public employee convicted of violating any provision of this section to pay restitution, including, without limitation, any attorney’s fees and costs incurred, to:
(a) Repair the credit history or rating of the person whose personal identifying information the public officer or public employee obtained and used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the public officer or public employee obtained and used in violation of this section.
9. Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.
(Added to NRS by 2003, 1356; A 2005, 2499; 2007, 2170)
NRS 205.465 Possession or sale of document or personal identifying information to establish false status or identity; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
1. It is unlawful for a person to possess, sell or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person.
2. Except as otherwise provided in subsection 3, a person who:
(a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or
(b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. A person who violates subsection 2 by:
(a) Selling or transferring the personal identifying information of an older person or a vulnerable person;
(b) Selling or transferring the personal identifying information of five or more persons; or
(c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, 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 20 years, and may be further punished by a fine of not more than $100,000.
4. Except as otherwise provided in this subsection and subsections 2 and 3, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130. If a person possesses any such document or personal identifying information in violation of subsection 1 for the sole purpose of establishing false proof of age, including, without limitation, establishing false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.
5. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document or personal identifying information; or
(b) Prohibit the possession or use of any such document or personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.
6. Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.
(Added to NRS by 1975, 1460; A 1981, 2012; 1985, 1980; 1995, 1227; 1999, 1345; 2001, 2581; 2003, 1358, 2462; 2005, 2501; 2007, 2172)
NRS 205.4651 Identity theft program card: Application; issuance; presentation to law enforcement agency or creditors; discretion to accept or reject program card; application not public record; regulations; acceptance of gifts, grants and donations.
1. A person who is a victim of identity theft who is a:
(a) Resident of this State and who has filed with a law enforcement agency in any state a signed written report stating that the person is a victim of identity theft; or
(b) Nonresident of this State who has filed with a law enforcement agency in this State a signed written report stating that the person is a victim of identity theft, may apply for an identity theft program card through any agency designated by the Attorney General.
2. A designated agency that receives an application for an identity theft program card shall submit the application and a copy of the written report described in subsection 1 to the Attorney General for review and, if the applicant meets the requirements pursuant to subsection 1, issuance of an identity theft program card.
3. The Attorney General, in cooperation with any law enforcement agency, may issue an identity theft program card to a person who is a victim of identity theft.
4. A person who is issued an identity theft program card pursuant to subsection 3 may present the identity theft program card to:
(a) A law enforcement agency to help prevent the arrest or detention of the person for an offense committed by another person using his or her personal identifying information; or
(b) A creditor to aid in the investigation of any fraudulent account that is opened in his or her name or any fraudulent charge that is made against an account in his or her name.
5. The law enforcement agency or creditor that is presented with an identity theft program card pursuant to subsection 4 has sole discretion to accept or reject the program card. In determining whether to accept or reject the identity theft program card, the law enforcement agency or creditor may consider the surrounding circumstances and available information regarding the identity theft of the person.
6. An application for an identity theft program card submitted pursuant to this section, including any supporting documentation, is not a public record, and no part of it may be released except to a law enforcement agency in this or another state.
7. The Attorney General may adopt regulations necessary to carry out the provisions of this section.
8. The Attorney General may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.
9. For the purposes of this section, “resident” shall be construed in accordance with the provisions of NRS 10.155.
10. As used in this section:
(a) “Identity theft” means a violation of the provisions of NRS 205.463, 205.464 or 205.465.
(b) “Identity theft program card” means a card or certificate issued by the Attorney General that identifies a person who has complied with the provisions of subsection 1 and, except as otherwise provided in this section, must be given a reasonable opportunity to prove to a law enforcement agency, creditor or other lawfully interested person or governmental entity that the person is the victim and not the perpetrator of any alleged crime, breach of contract or other wrongdoing normally associated with victims of the crime of identity theft.
(Added to NRS by 2005, 1100; A 2009, 9)
NRS 205.46513 Establishing or possessing financial forgery laboratory unlawful; penalty; expert testimony.
1. A person shall not establish or possess a financial forgery laboratory with the intent to commit any unlawful act.
2. Unless a greater penalty is provided pursuant to specific statute, a person who violates this section 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 20 years, and may be further punished by a fine of not more than $100,000.
3. For the purposes of prosecuting a violation of this section, the prosecuting attorney may present expert testimony to provide a prima facie case that any computer, system, program or electronic or mechanical device, or any combination thereof, is specifically configured for any purpose set forth in subparagraph (1) or (2) of paragraph (b) of subsection 4.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Financial forgery laboratory” means any computer, system, program or other electronic or mechanical device, or any combination thereof, that is specifically configured for the purpose of unlawfully:
(1) Obtaining personal identifying information of another person to commit an unlawful act; or
(2) Manufacturing any forged or fraudulent financial instrument, document or item, including, without limitation, any negotiable instrument, check, draft, bond, credit card, debit card, stock certificate, annuity, bank bill or note, draft, bill of exchange, contract, promissory note, traveler’s check or money order.
(c) “Personal identifying information” has the meaning ascribed to it in NRS 205.4617.
(d) “Program” has the meaning ascribed to it in NRS 205.475.
(e) “System” has the meaning ascribed to it in NRS 205.476.
(Added to NRS by 2005, 2497)
NRS 205.46515 Capturing, storing, reading, retaining, using or disclosing information from radio frequency identification document of another person; penalty.
1. A person shall not knowingly, intentionally and for the purpose of committing fraud, identity theft or any other unlawful act:
(a) Capture, store or read information from the radio frequency identification document of another person without the other person’s knowledge and prior consent; or
(b) Retain, use or disclose information that the person knows to have been obtained from the radio frequency identification document of another person without the other person’s knowledge and prior consent.
2. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) “Identity theft” means a violation of the provisions of NRS 205.463, 205.464 or 205.465.
(b) “Radio frequency identification” means the use of electromagnetic radiating waves or reactive field coupling in the radio frequency portion of the spectrum to read or communicate personal identifying information to or from a radio frequency identification document through a variety of modulation and encoding schemes.
(c) “Radio frequency identification document” means any document containing data which is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity.
(Added to NRS by 2009, 761)
NRS 205.46517 Court records. In any case in which a person is convicted of violating any provision of NRS 205.461 to 205.4657, inclusive, the court records must clearly reflect that the violation was committed by the person convicted of the violation and not by the person whose personal identifying information forms a part of the violation.
(Added to NRS by 2005, 2497; A 2009, 762)
NRS 205.4653 Prosecution regardless of whether person whose personal identifying information was stolen is living or deceased, is artificial person or suffers financial loss or injury. A person who violates any provision of NRS 205.461 to 205.4657, inclusive, may be prosecuted for the violation whether or not the person whose personal identifying information forms a part of the violation:
1. Is living or deceased during the course of the violation or the prosecution.
2. Is an artificial person.
3. Suffers financial loss or injury as the result of the violation.
(Added to NRS by 2003, 1356; A 2005, 2501; 2009, 762)
NRS 205.4655 Exempt persons. The provisions of NRS 205.461 to 205.4657, inclusive, do not apply to any person who, without the intent to defraud or commit an unlawful act, possesses or uses any personal identifying information of another person:
1. In the ordinary course of his or her business or employment; or
2. Pursuant to a financial transaction entered into with an authorized user of a payment card.
(Added to NRS by 2003, 1357; A 2009, 762)
NRS 205.4657 Defenses not available; jurisdiction.
1. In any prosecution for a violation of any provision of NRS 205.461 to 205.4657, inclusive, the State is not required to establish and it is no defense that:
(a) An accessory has not been convicted, apprehended or identified; or
(b) Some of the acts constituting elements of the crime did not occur in this State or that where such acts did occur they were not a crime or elements of a crime.
2. In any prosecution for a violation of any provision of NRS 205.461 to 205.4657, inclusive, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which:
(a) The person whose personal identifying information forms a part of the violation currently resides or is found; or
(b) Any act constituting an element of the crime occurred, regardless of whether the defendant was ever physically present in that jurisdiction.
(Added to NRS by 2003, 1357; A 2005, 2502; 2009, 762)
For more information, see here: https://www.leg.state.nv.us/NRS/NRS-205.html#NRS205Sec4605
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