Credit Card Fraud – NRS 205.760

Overview

Credit card fraud is a serious offense defined under Nevada Revised Statute (NRS) 205.760. This law addresses the unlawful use of credit cards and related financial instruments to deceive or defraud others for financial gain. As technology evolves, so do methods of committing credit card fraud, making it imperative for individuals to understand the legal implications and the associated penalties of such actions.

Definition of Credit Card Fraud

Under NRS 205.760, credit card fraud includes a variety of deceptive practices related to the use of credit cards. The statute defines credit card fraud as any act that involves:

1. Unauthorized Use: Using a credit card without the cardholder’s permission or consent. This could involve stealing a physical card or obtaining the card details through deceitful means.
2. False Representation: Providing false information to obtain or use a credit card, including misrepresenting one’s identity or financial status.
3. Intent to Defraud: The accused must have intended to deceive another party for the purpose of financial gain. This includes knowingly making a purchase with a stolen credit card or using a card that has been revoked or canceled.

Legal Requirements for Prosecution

To secure a conviction for credit card fraud under NRS 205.760, the prosecution must prove the following elements beyond a reasonable doubt:

1. Use of a Credit Card: The defendant must have used a credit card or a credit card number belonging to another person.
2. Knowledge of Fraudulence: The defendant must have known that the use of the card was unauthorized or fraudulent.
3. Intent to Defraud: The actions taken must have been intended to deceive a financial institution or another party for personal gain.

Related Offenses

Credit card fraud is related to several other offenses, including:

• Identity Theft – NRS 205.463: Involves using another person’s personal information to commit fraud or theft.
• Fraudulent Use of a Financial Transaction Device – NRS 205.760: Covers various forms of fraud involving credit cards and other financial instruments.
• Theft – NRS 205.240: Involves the unlawful taking of property with the intent to permanently deprive the owner.

Examples of Credit Card Fraud

To better understand how NRS 205.760 applies, consider these examples:

• Example 1: A person steals a credit card from a wallet and uses it to make unauthorized purchases. This act constitutes credit card fraud, as the individual did not have the cardholder’s permission to use the card.
• Example 2: An individual obtains another person’s credit card information through phishing or hacking and uses that information to make online purchases. This act of deception can lead to charges of credit card fraud.

Penalties for Credit Card Fraud

The penalties for credit card fraud under NRS 205.760 can be severe and may vary based on the circumstances of the case:

• Category D Felony: Credit card fraud is typically charged as a Category D felony, which carries penalties including:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Higher Penalties for More Serious Cases: If the fraud involves multiple transactions, significant financial loss, or aggravating factors (such as organized crime), the charges may escalate to a Category C felony, resulting in longer prison sentences and higher fines.

Defenses Against Credit Card Fraud Charges

If you are facing charges of credit card fraud under NRS 205.760, there are several defenses that may apply:

1. Lack of Knowledge: If the accused can demonstrate that they were unaware the card was stolen or that their use of the card was unauthorized, this may serve as a valid defense.
2. Mistaken Identity: Proving that the accused was not the individual who used the card can be a strong defense, especially if there is confusion regarding ownership or access to the card.
3. Consent: If the cardholder had given permission to use the card, this may negate fraud allegations.
4. Insufficient Evidence: The prosecution must provide substantial evidence to support the fraud charge. If the evidence is circumstantial or weak, the charges may be contested.

The Importance of Legal Representation

Navigating the complexities of credit card fraud charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling fraud-related cases equips him to provide a strong defense against credit card fraud charges.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal landscape make him a strong advocate in cases involving credit card fraud.

Understanding Your Rights

If you are accused of credit card fraud, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of credit card fraud under NRS 205.760 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.