NRS 205.760: Credit Card / Debit Card Fraud in Nevada

With the holidays coming America will lose billions of dollars to credit card fraud over the holiday season. 

Credit card fraud is common these days even though there are protections in place to keep peoples credit safe. 

In 2023, there were over 425,000 credit card fraud complaints, down about 5% from the years before. There are many types of credit card fraud that can land a defendant in jail for a long time. You might not even realize that you have committed a crime. 

Credit card or debit fraud is a felony and can have penalties of up to 4 years in prison and $5000 in fines. If you are charged with fraud of any kind you need to speak with a legal expert of the subject. The Defenders has been representing clients with fraud charges for decades.

Our legal team has expert fraud lawyers on our team who have the expertise in fraud cases to represent you with a strategic plan to defend the charges.

Contact our office today to discuss your case for free.

What Is Credit Card or Debit Fraud in Nevada?

NRS 205.760 prohibits credit or debit card fraud. 

Credit card fraud is defined as intentionally misusing card information in order to defraud another person or business. It is one of the most common white collar crimes.

Any deliberate act of forging, altering, stealing or otherwise misusing a debit or credit card qualifies as fraud in Nevada.

There are 10 main types of credit card fraud in Nevada:

1. Knowing using a card that is stolen, forged, expired or revoked.
2. Falsifying information to a creditor in order to get a credit card
3. Having another’s card in your possession without their consent
4. Buying or selling credit card information including numbers 
5. Selling telephone calling card information 
6. Wrongfully using a credit card to secure a debt
7. Forging a credit card
8. Signing a credit card receipt for payment without consent
9. Possessing equipment to make credit cards 
10. Knowingly receiving property or services from unlawful use of credit cards

Skimming is another form of credit card fraud. Skimming involves placing a device inside a card reader, like at a gas station. 

When the card holder swipes their card, the wedge device skims the information off the back of the card.

This information is stored in the wedge device for the defendant to use later.

Creditors may also be charged with credit card fraud. 

There are several ways creditors can be charged with credit or debit card fraud.

1. Knowingly accepting payment for goods or services with a fraudulent, stolen or revoked credit card.
2. Misrepresentation the value of goods or services to the credit card company. For example if an item sells for $5 at a convenience store but the store reports to the credit card company that the item is $6 in order to pocket the extra dollar as profit is illegal.

Intent as a Key Element of Credit/Debit Card Fraud

Credit card fraud is a crime of intent. Meaning you must have had “intent to defraud” or you deliberately tried to use a credit card or information from a credit card for the purpose of illegally obtaining money from the cardholder, creditor or card company.

In order to be convicted of credit card fraud, the prosecutor must prove that you intended to defraud.

There are few circumstances where the court will presume you had intent to defraud:

1. If you try to use a card for payment and the credit or issuer refuses payment.
2. If you possess 2 or more cards that are falsely made or embossed or in the name of other people
3. If you use a card for 4 or more days after the issuer mailed out a notice of revocation

What is Federal Credit Card Fraud?

Credit card fraud is also considered a Federal crime. You can be charged with Federal credit card fraud if:

1. The fraud was committed against a federal government entity
2. The fraud was committed on federal property 
3. The fraud crossed state lines

If charged with credit card fraud you may face charges in both Nevada and Federal court depending on the case.

What Are The Defenses Against Credit Card Fraud?

When you are charged with a crime, a good defense lawyer will always have a few defenses that they use commonly for a particular crime.

In the case of credit card fraud, The Defenders will most likely use a few of the following defense strategies to defend against the charges.

• You had no intent: Remember credit card fraud is a crime of intent. If you had not intent to deliberately try and use a card fraudulently.
• You’re the victim of mistaken identity: Since there are usually no eyewitnesses, the real culprit may have gotten away with it, while you were charged for their crime. The prosecution must prove beyond a reasonable doubt that it was you who in fact committed the crime.
• The police performed an illegal search: To investigate a crime and gather evidence the police will perform searches of homes and businesses. Just because they have a warrant doesn’t make it legal. Police may only have a search warrant to search a particular area. If the police search any other area but the one specified in the warrant, they are performing an illegal search. Evidence gathered at an illegal search may be suppressed at court. Your lawyer can file a motion to suppress evidence obtained illegally. Leaving this evidence out might lead to the case being dismissed.

What Are the Penalties for Credit Card Fraud?

In Nevada, credit card fraud is typically classified as a category D felony, carrying the following penalties:

• 1-4 years in prison 
• Up to $5000 in fines 
• Restitution to the victim 

Falsifying information on a credit application to receive credit is a gross misdemeanor. The penalties are as follows:

• Up to 364 days in jail 
• Up to a $2000

Using expired or revoked credit cards for purchase under $100 in a 6-month period is a misdemeanor with the following penalties:

• Up to 6 months in jail
• Up to  $1000 fine

Using expired credit cards for purchase over $100 in a six month period is a felony with penalties of:

• 1-4 years in prison 
• Up to a $5000 fine 
• Restitution to the victim

Federal Credit Card Fraud is punishable by:

• Up to 20 years in prison 
• Hefty fines 
• Restitution 

Related Crimes

In some cases, there are other offenses related to credit card fraud. 

A lot of times these charges are separate from the credit card charges. Depending on the case you should be charged with things like obtaining money by false pretenses, identity theft, or insurance fraud. These charges can be separate and apart from credit card charges and can land you in jail for a much longer sentence. Identity theft, for example, can lead to a 20-year sentence in prison. 

Having an experienced lawyer on your side can get the charges rolled into one or have separate charges dismissed and only have one case pending. 

An expert lawyer can get charges reduced or dismissed using evidence from their investigation.

The Defenders will tailor each defense to the particular client we are representing. 

Contact our team today for a case review.

Frequently Asked Questions