Assembly Bill No. 616–Committee on Judiciary

March 18, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Increases penalty for certain crimes involving unauthorized, forged or counterfeit trade-mark or design. (BDR 15-1114)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to crimes against property; increasing the penalty for certain crimes involving an unauthorized, forged or counterfeit trade-mark or design; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 205.210 is hereby amended to read as follows:

1-2 205.210 [Every person who]

1-3 1. A person shall not knowingly sell, display or advertise, or have in

1-4 his possession with intent to sell, any goods, wares, merchandise, mixture,

1-5 preparation or compound having affixed thereto any label, trade-mark,

1-6 term, design, device or form of advertisement lawfully filed for record in

1-7 the office of the secretary of state by any person, corporation, association

1-8 or union, or the exclusive right to the use of which is guaranteed to [such]

1-9 the person, corporation, association or union under the laws of the United

1-10 States, [which] if the label, trade-mark, term, design, device or form of

1-11 advertisement [shall have] has been used or affixed thereto without the

1-12 written authority of [such] the person, corporation, association or union, or

1-13 having affixed thereto any forged or counterfeit representation, likeness,

1-14 similitude, copy or imitation thereof . [, shall be guilty of a misdemeanor.]

1-15 2. Except as otherwise provided in subsection 3, a violation of the

1-16 provisions of subsection 1 is a misdemeanor.

1-17 3. A violation of the provisions of subsection 1 is:

1-18 (a) A category E felony if:

2-1 (1) The person committing the violation has been previously

2-2 convicted one time for a violation of the provisions of subsection 1; or

2-3 (2) The goods, wares, merchandise, mixture, preparation or

2-4 compound with respect to which the person violated the provisions of

2-5 subsection 1:

2-6 (I) Consists of at least 100 but less than 1,000 salable units; or

2-7 (II) Has a retail value of at least $1,000 but less than $10,000.

2-8 (b) A category D felony if:

2-9 (1) The person committing the violation has been previously

2-10 convicted two or more times for a violation of the provisions of

2-11 subsection 1; or

2-12 (2) The goods, wares, merchandise, mixture, preparation or

2-13 compound with respect to which the person violated the provisions of

2-14 subsection 1:

2-15 (I) Consists of at least 1,000 salable units; or

2-16 (II) Has a retail value of at least $10,000.

2-17 4. For the purposes of this section, a person shall be deemed to

2-18 intend to sell goods, wares, merchandise, a mixture, a preparation or a

2-19 compound if the person knowingly possesses at least 26 salable units of

2-20 the goods, wares, merchandise, mixture, preparation or compound.

2-21 5. As used in this section, "retail value" means:

2-22 (a) If the item that is identified by a label, trade-mark, term, design,

2-23 device or form of advertisement in violation of subsection 1 is a

2-24 component of a finished product with multiple components, the price at

2-25 which the person in violation of subsection 1 regularly sells the finished

2-26 product; or

2-27 (b) For any other item that is identified by a label, trade-mark, term,

2-28 design, device or form of advertisement in violation of subsection 1, the

2-29 price at which the person in violation of subsection 1 regularly sells the

2-30 item.

2-31 Sec. 2. The amendatory provisions of this act do not apply offenses

2-32 that were committed before October 1, 1999.

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