205.463 - Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose; penalties; rebuttable - Nevada Statutes

205.463  Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.

      1.  Except as otherwise provided in subsections 2 and 3, a person who knowingly:

      (a) Obtains any personal identifying information of another person; and

      (b) With the intent to commit an unlawful act, uses the personal identifying information:

             (1) To harm that other person;

             (2) To represent or impersonate that other person to obtain access to any personal identifying information of that other person without the prior express consent of that other person;

             (3) To obtain access to any nonpublic record of the actions taken, communications made or received by, or other activities or transactions of that other person without the prior express consent of that other person; or

             (4) For any other unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that other person,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

      2.  Except as otherwise provided in subsection 3, 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,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  A person who violates:

      (a) Subsection 1 or 2 by obtaining and using the personal identifying information of an older person or a vulnerable person;

      (b) Subsection 1 or 2 by obtaining and using the personal identifying information of five or more persons;

      (c) Subsection 1 or 2 by causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation; or

      (d) Subsection 2 to avoid or delay being prosecuted for an unlawful act that is punishable as a category A felony or category B felony,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

      4.  In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

      (a) Repair the credit history or rating of the person whose personal identifying information the convicted person obtained and used in violation of subsection 1; and

      (b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the convicted person obtained and used in violation of subsection 1.

      5.  Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.

      (Added to NRS by 1999, 1344; A 2003, 1357; 2005, 2499; 2007, 2169)