1. Assembly Bill No. 71–Assemblywoman Buckley

Joint Sponsor: Senator Raggio

CHAPTER........

AN ACT relating to personal identity; prohibiting a person from obtaining any personal

identifying information of another person and using the information to harm that

other person or for any unlawful purpose; making various changes to provisions

concerning identity fraud and false status; authorizing a person to bring a civil

action against another person who unlawfully obtained and used his personal

identifying information; requiring a creditor who mails a solicitation for an

extension of credit to a person to use the same address to mail the extension of

credit to the person under certain circumstances; providing penalties; and providing

other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 199.480 is hereby amended to read as follows:

  1. 199.480 1. Except as otherwise provided in subsection 2, whenever
  1. two or more persons conspire to commit murder, robbery, sexual assault,
  1. kidnaping in the first or second degree, [or] arson in the first or second
  1. degree, or a violation of section 2 of this act, each person is guilty of a
  1. category B felony and shall be punished:
  1. (a) If the conspiracy was to commit robbery, sexual assault, kidnaping in
  1. the first or second degree , [or] arson in the first or second degree, or a
  1. violation of section 2 of this act, by imprisonment in the state prison for a
  1. minimum term of not less than 1 year and a maximum term of not more
  1. than 6 years; or
  1. (b) If the conspiracy was to commit murder, by imprisonment in the
  1. state prison for a minimum term of not less than 2 years and a maximum
  1. term of not more than 10 years,
  1. and may be further punished by a fine of not more than $5,000.
  1. 2. If the conspiracy subjects the conspirators to criminal liability under
  1. NRS 207.400, they shall be punished in the manner provided in NRS
  1. 207.400.
  1. 3. Whenever two or more persons conspire:
  1. (a) To commit any crime other than those set forth in subsections 1 and
  1. 2, and no punishment is otherwise prescribed by law;
  1. (b) Falsely and maliciously to procure another to be arrested or
  1. proceeded against for a crime;
  1. (c) Falsely to institute or maintain any action or proceeding;
  1. (d) To cheat or defraud another out of any property by unlawful or
  1. fraudulent means;
  1. (e) To prevent another from exercising any lawful trade or calling, or
  1. from doing any other lawful act, by force, threats or intimidation, or by
  2. interfering or threatening to interfere with any tools, implements or
  1. property belonging to or used by another, or with the use or employment
  1. thereof;
  1. (f) To commit any act injurious to the public health, public morals, trade
  1. or commerce, or for the perversion or corruption of public justice or the
  1. due administration of the law; or
  1. (g) To accomplish any criminal or unlawful purpose, or to accomplish a
  1. purpose, not in itself criminal or unlawful, by criminal or unlawful
    means,
  1. each person is guilty of a gross misdemeanor.

Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a

new section to read as follows:

  1. 1. Except as otherwise provided in subsection 2, a person who
  1. knowingly:
  1. (a) Obtains any personal identifying information of another person;
  1. and
  1. (b) Uses the personal identifying information to harm that other
  1. person or for any unlawful purpose, including, without limitation, to
  1. obtain credit, a good, a service or anything of value in the name of that
  1. person,
  1. is guilty of a category B felony and shall be punished by imprisonment in
  1. the state prison for a minimum term of not less than 1 year and a
  1. maximum term of not more than 20 years, and may be further punished
  1. by a fine of not more than $100,000.

2. 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 E felony and shall be punished as provided in NRS

193.130.

  1. 3. In addition to any other penalty, the court shall order a person
  1. convicted of violating subsection 1 to pay restitution, including, without
  1. limitation, any attorney’s fees and costs incurred to:
  1. (a) Repair the credit history or rating of the person whose personal
  1. identifying information he obtained and used in violation of subsection
  1. 1; and
  1. (b) Satisfy a debt, lien or other obligation incurred by the person
  1. whose personal identifying information he obtained and used in violation
  1. of subsection 1.

4. As used in this section, "personal identifying information" has the

meaning ascribed to it in NRS 205.465.

Sec. 3. NRS 205.450 is hereby amended to read as follows:

  1. 205.450 Every person who shall falsely represent or personate another,
  1. and, in such assumed character, shall marry another, become bail or surety
  1. for any party, in any proceeding, civil or criminal, before any court or
  2. officer authorized to take such bail or surety, or confess any judgment, or
  1. acknowledge the execution of any conveyance of real property, or of any
  1. other instrument which, by law, may be recorded, or do any other act in the
  1. course of any suit, proceeding or prosecution, whereby the person so
  1. represented or personated may be made liable, in any event, to the payment
  1. of any debt, damages, cost or sum of money, or his right or interest may, in
  1. any manner be affected, [shall be] is guilty of a [misdemeanor.] category C
  1. felony and shall be punished as provided in NRS 193.130.

Sec. 4. NRS 205.455 is hereby amended to read as follows:

  1. 205.455 [Every] Unless a greater penalty is provided pursuant to
  1. section 2 of this act, a person who falsely represents or personates another,
  1. and, in such assumed character, receives any money or valuable property of
  1. any description intended to be delivered to the person so personated, shall
  1. be punished in the same manner and to the same extent as [for feloniously
  1. stealing] if he stole the money or property so received.

Sec. 5. NRS 205.465 is hereby amended to read as follows:

  1. 205.465 1. It is unlawful for a person to possess, sell or transfer any
  1. document or personal identifying information for the purpose of
  1. establishing a false status, occupation, membership, license or identity for
  1. himself or any other person.
  1. 2. A person who [sells] :
  1. (a) Sells or transfers any such document or personal identifying
  1. information in violation of subsection 1; or
  1. (b) Possesses any such document or personal identifying information
  1. in violation of subsection 1 to commit any of the crimes set forth in NRS
  1. 205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.610
  1. to 205.810, inclusive,
  1. is guilty of a category C felony and shall be punished as provided in NRS
  1. 193.130. [A]
  1. 3. Except as otherwise provided in subsection 2, a person who
  1. possesses any such document or personal identifying information in
  1. violation of subsection 1 is guilty of a misdemeanor.
  1. [3.] 4. Subsection 1 does not:
  1. (a) Preclude the adoption by a city or county of an ordinance prohibiting
  1. the possession of any such document [.] or personal identifying
  1. information; or
  1. (b) Prohibit the possession or use of [those documents] any such
  1. document or personal identifying information by officers of local police,
  1. sheriff and metropolitan police departments and by agents of the
  1. investigation division of the department of motor vehicles and public safety
  1. while engaged in undercover investigations [relating to narcotics or
  1. prostitution.] related to the lawful discharge of their duties.
  1. 5. As used in this section:
  1. (a) "Document" includes, without limitation, a photocopy print,
  1. photostat and other replica of a document.
  2. (b) "Personal identifying information" means any information
  1. designed, commonly used or capable of being used, alone or in
  1. conjunction with any other information, to identify a person, including,
  1. without limitation:
  1. (1) The name, driver’s license number, social security number,
  1. savings account number, credit card number, debit card number, date of
  1. birth, place of employment and maiden name of the mother of a person;
  1. and
  1. (2) The fingerprints, voiceprint, retina image and iris image of a
  1. person.

Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new

section to read as follows:

1. A person who has suffered injury as the proximate result of a

violation of the provisions of section 2 of this act may commence an

action for the recovery of his actual damages, costs and reasonable

attorney’s fees and for any punitive damages that the facts may warrant.

2. An action described in subsection 1 must be commenced not later

than 2 years after the person who suffered the injury discovers the facts

constituting the violation of the provisions of section 2 of this act.

Sec. 7. Chapter 598B of NRS is hereby amended by adding thereto a

new section to read as follows:

If a creditor mails a solicitation for the extension of credit to a person

and the person applies for such credit, the creditor shall mail the

extension of credit to the person to the same address as the solicitation,

unless the creditor verifies any change of address of the person using a

reliable method.

Sec. 8. The amendatory provisions of this act do not apply to offenses

that were committed before October 1, 1999.

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