1-2 a new section to read as follows:

1-3 "Debit card" means any instrument or device, whether known as a

1-4 debit card or by any other name, that is issued with or without a fee by an

1-5 issuer for the use of the cardholder in obtaining money, property, goods,

1-6 services or anything else of value, subject to the issuer removing money

1-10 of this act, unless the context otherwise requires, the words and terms

1-11 defined in NRS 205.620 to 205.670, inclusive, and section 1 of this act

1-15 face of a credit card or debit card to whom or for whose benefit the credit

2-3 [which] or debit card that is no longer valid because the term shown on it

2-7 or a duly authorized agent of a business organization or financial

2-11 [which] or debit card that is no longer valid because permission to use it

2-15 a credit card [,] or debit card, makes or causes to be made, either directly

2-16 or indirectly, any false statement in writing, knowing it to be false, with

2-17 intent that it be relied on respecting his identity or financial condition or

2-18 the identity or financial condition of any other person, firm or corporation

2-22 debit card from the person, possession, custody or control of another

2-23 without the cardholder’s consent or who, with knowledge that a credit card

2-24 or debit card has been so taken, removed or stolen receives the credit card

2-25 or debit card with the intent to circulate, use or sell it or to transfer it to a

2-26 person other than the issuer or the cardholder, is guilty of a category D

2-27 felony and shall be punished as provided in NRS 193.130. In addition to

2-28 any other penalty, the court shall order the person to pay restitution.

2-29 2. A person who possesses a credit card or debit card without the

2-30 consent of the cardholder and with the intent to circulate, use, sell or

2-31 transfer the credit card or debit card with the intent to defraud is guilty of a

2-32 category D felony and shall be punished as provided in NRS 193.130. In

2-33 addition to any other penalty, the court shall order the person to pay

2-34 restitution.

2-35 3. A person who has in his possession or under his control two or more

2-36 credit cards or debit cards issued in the name of another person is

2-37 presumed to have obtained and to possess the credit cards or debit cards

2-38 with the knowledge that they have been stolen and with the intent to

2-39 circulate, use, sell or transfer them with the intent to defraud. The

2-40 presumption established by this subsection does not apply to the possession

2-41 of two or more credit cards or debit cards used in the regular course of the

2-42 possessor’s business or employment or where the possession is with the

3-16 (a) Sells a credit card or debit card or the number or other identifying

3-17 description of a credit card , debit card or credit account [, or a person who

3-18 buys] ; or

3-19 (b) Buys a credit card , debit card or the number or other identifying

3-20 description of a credit card , debit card or credit account from a person

3-21 other than the issuer ,

3-22 is guilty of a category D felony and shall be punished as provided in NRS

3-23 193.130.

3-24 2. The provisions of this section do not apply to a person employed by

3-25 or operating a business, including, but not limited to, a bank or other

3-26 financial institution, credit bureau, collection agency or credit reporting

3-27 agency, who, without the intent to defraud, lawfully furnishes to another

3-28 person or obtains the number or other identifying description of a credit

3-29 card , debit card or credit account in the ordinary course of that business or

3-30 employment or pursuant to a financial transaction entered into with a

3-34 a credit card or debit card as security for debt is guilty of a category D

3-35 felony and shall be punished as provided in NRS 193.130. In addition to

3-39 or falsely embosses a purported credit card or debit card or utters such a

3-40 credit card or debit card is guilty of a category D felony and shall be

3-41 punished as provided in NRS 193.130. In addition to any other penalty, the

4-17 cardholder, who signs a credit card, debit card, sales slip, sales draft or

4-18 instrument for the payment of money which evidences a credit card or

4-19 debit card transaction with the intent to defraud is guilty of a category D

4-20 felony and shall be punished as provided in NRS 193.130. In addition to

4-24 NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person

4-25 who, with the intent to defraud:

4-26 (a) Uses a credit card or debit card to obtain money, goods, property,

4-27 services or anything of value where the credit card or debit card was

4-28 obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or

4-29 where the person knows the credit card or debit card is forged or is the

4-30 expired or revoked credit card or debit card of another;

4-31 (b) Uses the number or other identifying description of a credit account,

4-32 customarily evidenced by a credit card [,] or the number or other

4-33 identifying description of a debit card, to obtain money, goods, property,

4-34 services or anything of value without the consent of the cardholder; or

4-35 (c) Obtains money, goods, property, services or anything else of value

4-36 by representing, without the consent of the cardholder, that he is the

4-37 authorized holder of a specified card or that he is the holder of a card

4-38 where the card has not in fact been issued,

4-39 is guilty of a public offense and shall be punished for a category D felony

4-40 as provided in NRS 193.130. In addition to any other penalty, the court

4-41 shall order the person to pay restitution.

5-24 205.765 In a criminal action for using a credit card or debit card to

5-25 obtain money, goods, property, services or anything of value with

5-26 insufficient money or property with which to pay for the extension of

5-27 credit, with intent to defraud, that intent and the knowledge that the holder

5-28 of the credit card has insufficient money or property is presumed to exist if

5-29 payment is refused by the issuer or other creditor when it is presented in

5-30 the usual course of business, unless within 5 days after payment is refused

5-31 by the issuer if the action involves the use of a debit card or within 10

5-32 days after payment is refused by the issuer [,] if the action involves the use

5-33 of a credit card, the holder of the credit card pays the full amount due plus

5-37 goods, services or anything else of value upon presentation of a credit card

5-38 or debit card by the cardholder, or an agent or employee of the authorized

5-39 person, who, with the intent to defraud, furnishes money, goods, property,

5-40 services or anything else of value upon presentation of a credit card

5-41 [which] or debit card that the person, employee or agent knows was

5-42 obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or

6-5 goods, property, services or anything of value upon presentation of a credit

6-6 card or debit card by the cardholder, or an agent or employee of the

6-7 authorized person, who, with the intent to defraud, misrepresents to the

6-8 issuer the value of the goods he furnishes or who fails to furnish money,

6-9 goods, property, services or anything else of value which he represents in

6-10 writing to the issuer that he has furnished is guilty of a category D felony

6-11 and shall be punished as provided in NRS 193.130. In addition to any other

6-15 more incomplete credit cards or debit cards with the intent to complete

6-16 them without the consent of the issuer, or a person who, with knowledge of

6-17 its character, possesses machinery, plates or any other contrivance

6-18 designed to produce instruments which purport to be the credit cards or

6-19 debit cards of an issuer who has not consented to the preparation of such

6-20 credit cards or debit cards is guilty of a category D felony and shall be

6-21 punished as provided in NRS 193.130.

6-22 2. As used in this section, a credit card or debit card is "incomplete" if

6-23 part of the matter, except the signature of the cardholder, required by an

6-24 issuer to appear on the credit card or debit card has not yet been stamped,

6-28 (a) Makes, utters, draws or delivers a check or draft for the payment of

6-29 money drawn upon any financial institution or other person, when he has

6-30 no account with the drawee of the instrument or has insufficient money,

6-31 property or credit with the drawee to pay; or

6-32 (b) Uses a credit card or debit card to obtain money, goods, property,

6-33 services or anything of value, when he knows or should have known the

6-34 credit card or debit card is no longer valid,

6-35 and who fails to pay the amount in cash to the payee, issuer or other

6-36 creditor within 30 days after a demand therefor in writing is mailed to him

6-37 by certified mail, is liable to the payee, issuer or other creditor for the

6-38 amount of the check, draft or extension of credit, and damages equal to

6-39 three times the amount of the check, draft or extension of credit, but not

6-40 less than $100 nor more than $500.