Bait Purse Theft – NRS 205.0832(d)

Bait Purse Theft

Under Nevada Revised Statute (NRS) 205.0832(d), Bait Purse Theft is a specific type of theft crime that involves the theft of a purse or handbag used as part of a law enforcement sting operation. A bait purse is an intentionally placed item, often equipped with tracking devices or surveillance tools, designed to catch thieves in the act. If someone steals a bait purse, they may face charges under this statute.

To secure a conviction for Bait Purse Theft, the prosecution must prove the following elements beyond a reasonable doubt:

1. Theft of a Bait Purse: The defendant must have unlawfully taken a purse or handbag that was specifically placed as part of a law enforcement sting operation.
2. Knowledge of the Bait: The prosecution does not need to prove that the defendant was aware the purse was a bait item; however, the fact that it was a bait item does not excuse the theft.
3. Intent to Permanently Deprive: The defendant must have intended to permanently deprive the owner of the purse or its contents.

Related Offenses

Bait Purse Theft is related to several other criminal offenses, including:

1. Petty Theft – NRS 205.225
2. Grand Theft – NRS 205.228
3. Burglary – NRS 205.060
4. Robbery – NRS 200.380
5. Receiving Stolen Property – NRS 205.275

Examples

Understanding Bait Purse Theft through examples can clarify how this crime is applied:

• Example 1: A police department places a purse in a public area as part of a sting operation to catch thieves. John, unaware that the purse is a bait item, steals it with the intent to keep it. John could be charged with Bait Purse Theft.
• Example 2: Sarah spots a purse left unattended in a store, which is actually a bait purse set up by law enforcement. Sarah takes the purse, believing it to be a genuine opportunity to steal. She could face charges under NRS 205.0832(d) despite not knowing it was a bait purse.

Defenses to Bait Purse Theft

Defending against a Bait Purse Theft charge involves several potential strategies:

1. Lack of Knowledge: Although knowledge that the purse was a bait item is not required for conviction, demonstrating a lack of intent or awareness may help mitigate the charges.
2. Mistaken Identity: If there is evidence suggesting that someone else committed the theft, this could be used to argue that the defendant was not involved.
3. Insufficient Evidence: Challenging the evidence presented by the prosecution, such as the validity of surveillance or tracking data, can be crucial in building a defense.

Potential Penalty for Bait Purse Theft

In Nevada, Bait Purse Theft is classified as a Category D Felony. The penalties for a Category D Felony may include:

• Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
• Fines: Up to $5,000.
• Probation: Possible probation in lieu of or in addition to imprisonment.

The exact sentence will depend on factors such as prior criminal history and the specifics of the theft.

Criminal Defense for Bait Purse Theft

When facing a charge of Bait Purse Theft, having a skilled criminal defense attorney is essential. Joshua Tomsheck is a highly respected criminal defense lawyer with extensive experience in handling theft cases. As a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, he has the expertise needed to defend against serious charges.

Mr. Tomsheck is a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. His track record includes hundreds of complete dismissals and acquittals at trial. With his comprehensive knowledge and strategic approach, Mr. Tomsheck is well-equipped to provide effective defense against charges of Bait Purse Theft.

For more information about defending against Bait Purse Theft charges in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today.