205.464 - Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties; rebuttable inference that possessor of personal - Nevada Statutes

205.464  Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.

      1.  Except as otherwise provided in subsection 2, a public officer or public employee who knowingly:

      (a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and

      (b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that 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 5 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.

      2.  A public officer or public employee who violates subsection 1 by:

      (a) Obtaining and using the personal identifying information of an older person or a vulnerable person;

      (b) Obtaining and using the personal identifying information of five or more persons; or

      (c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation,

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 7 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.

      3.  Except as otherwise provided in subsection 4, a public officer or public employee who knowingly:

      (a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and

      (b) Possesses, sells or transfers the personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person,

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

      4.  A public officer or public employee who violates subsection 3 by:

      (a) Obtaining and possessing, selling or transferring the personal identifying information of an older person or a vulnerable person;

      (b) Obtaining and possessing, selling or transferring the personal identifying information of five or more persons; or

      (c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation,

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.

      5.  Except as otherwise provided in subsection 6, a public officer or public employee who knowingly aids another public officer or public employee to commit a violation of any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  A public officer or public employee who violates subsection 5 by knowingly aiding another public officer or public employee in committing a violation of this section by:

      (a) Obtaining the personal identifying information of an older person or a vulnerable person;

      (b) Obtaining the personal identifying information of five or more persons; or

      (c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation,

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.

      7.  The provisions of this section do not prohibit the possession or use of any personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.

      8.  In addition to any other penalty, the court shall order a public officer or public employee convicted of violating any provision of this section 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 public officer or public employee 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 public officer or public employee obtained and used in violation of this section.

      9.  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 2003, 1356; A 2005, 2499; 2007, 2170)