EMBEZZLEMENT
NRS 205.300 Definition; punishment.
- Any bailee of any money, goods or property, who converts it to his own use, with the intent to steal it or to defraud the owner or owners thereof and any agent, manager or clerk of any person, corporation, association or partnership, or any person with whom any money, property or effects have been deposited or entrusted, who uses or appropriates the money, property or effects or any part thereof in any manner or for any other purpose than that for which they were deposited or entrusted, is guilty of embezzlement, and shall be punished in the manner prescribed by law for the stealing or larceny of property of the kind and name of the money, goods, property or effects so taken, converted, stolen, used or appropriated.
- The value of all the money, goods, property or effects misappropriated in separate acts of embezzlement must be combined for the purpose of imposing punishment for the offense charged if:
(a) The separate acts were committed against the same person within 6 months before the offense;
(b) None of the individual acts is punishable as a felony; and
(c) The cumulative value of all the money, goods, property and effects misappropriated is sufficient to make the offense punishable as a felony.
3. Any use of the money, goods or property by any bailee thereof, other than that for which it was borrowed, hired, deposited, carried, received or collected, is prima facie evidence of conversion and of intent to steal the same and defraud the owner or owners thereof.
4. The term “bailee,” as used in this section, means all persons with whom any money, goods or property has been deposited, all persons to whom any goods or property has been loaned or hired, all persons to whom any goods or property has been delivered, and all persons who are, either as agent, collector or servant, empowered, authorized or entrusted to carry, collect or receive any money, goods or property of another.
[1911 C&P § 388; RL § 6653; NCL § 10340]—(NRS A 1985, 978)
NRS 205.305 Prima facie evidence of embezzlement. If any clerk, apprentice, servant, or any other person whatsoever, whether bound or hired, to whom any money or goods, or chattels, or other property, shall be entrusted, for any purpose whatsoever, by his master, employer, or any other person or persons, corporation or corporations, by whom he may be entrusted, shall withdraw himself and shall go away with the money, goods, chattels or property, or any part thereof, with the intent to steal the same, and defraud his master, employer or any other person or persons, corporation or corporations, of the same, or being in the service of his master, or employer, corporation or corporations, or any other person or firm, shall embezzle the money, goods, chattels or property, or any part thereof, or shall otherwise convert the same to his own use, it shall be prima facie evidence of the intent to steal the same, and every such person or persons so offending shall be punished in the manner prescribed by law for feloniously stealing property of the value of the articles so taken, embezzled, stolen or converted.
[1911 C&P § 389; RL § 6654; NCL § 10341]
NRS 205.310 Contractor failing to pay for labor or material. Every person having entered into a contract to supply any labor or materials for the value or price of which any lien might lawfully be filed upon the property of another, who shall receive the full price or consideration thereof, or the amount of any account stated thereon, or part payment thereon, shall be deemed to receive the same as the agent of the party with whom such contract was made, his successor or assign, for the purpose of paying all claims for labor and materials supplied, insofar as the money so received will pay such claims.
[1911 C&P § 390; RL § 6655; NCL § 10342]
NRS 205.312 Willful or intentional failure to return leased or rented vehicle to owner: Inference of embezzlement. Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, that person may reasonably be inferred to have embezzled the vehicle.
(Added to NRS by 1963, 393; A 1983, 718)
