Nevada Revised Statutes 422.366 – Unlawful acts: Obtaining or possessing card without consent of holder of card; presumption from possession of card; penalty
1. A person who:
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| category D felony | 1 to 4 years | up to $5,000 |
Terms Used In Nevada Revised Statutes 422.366
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Steals, takes or removes a Medicaid card from the person, possession, custody or control of another without the cardholder’s consent; or
(b) With knowledge that a Medicaid card has been so taken, removed or stolen, receives the Medicaid card with the intent to circulate, use or sell it or to transfer it to a person other than the Department or the cardholder, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. A person who possesses a Medicaid card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the Medicaid card with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
3. A person who has in his or her possession or under his or her control two or more Medicaid cards issued in the name of another person is presumed to have obtained and to possess the Medicaid cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection may be rebutted by clear and convincing evidence. The presumption does not apply to the possession of two or more Medicaid cards if the possession is with the consent of the Department.