2005 Nevada Revised Statutes - Chapter 204 — Crimes Against the Revenue and Property of This State

CHAPTER 204 - CRIMES AGAINST THE REVENUEAND PROPERTY OF THIS STATE

NRS 204.010 Unlawfuluse of public money: Amount less than $250.

NRS 204.020 Unlawfuluse of public money: Amount of $250 or more.

NRS 204.030 Misappropriationand falsification of accounts by public officer.

NRS 204.040 Penaltyfor neglect or refusal to pay over.

NRS 204.050 Misappropriationby treasurer.

NRS 204.060 Compensationof clerk or secretary of commission connected with State Government prohibited.

NRS 204.070 Penaltyfor violation of NRS 204.060.

NRS 204.080 Privateuse of state motor vehicle prohibited.

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NRS 204.010 Unlawfuluse of public money: Amount less than $250. Everypublic officer or other person who has in his possession, control or custodyany public money belonging to this state, or to any county, town, city,district or municipal corporation within this state, or to whom any such publicmoney is entrusted for safekeeping, or for transmission to any treasurer, otherofficer or person entitled to receive it, who uses any of the public money forhis own private purposes, or for any purpose other than one authorized by law,shall, if the amount so unlawfully used is less than $250, be punished for amisdemeanor.

[1911 C&P 391; RL 6656; NCL 10343](NRS A1959, 24; 1967, 491; 1989, 1431)

NRS 204.020 Unlawfuluse of public money: Amount of $250 or more. Apublic officer or other person who has in his possession, control or custodyany public money belonging to this state, or to any county, town, city,district or municipal corporation within this state, or to whom any such publicmoney is entrusted for safekeeping or for transmission to any treasurer orother officer, or other person entitled to receive it, who uses any of thepublic money for his own private purposes, or for any purpose other than oneauthorized by law, if the amount unlawfully used is $250 or more, is guilty ofa category D felony and shall be punished as provided in NRS 193.130. In addition to any otherpenalty, the court shall order the person to pay restitution.

[1911 C&P 392; A 1951, 29](NRS A 1967, 492;1979, 1438; 1989, 1431; 1995, 1212)

NRS 204.030 Misappropriationand falsification of accounts by public officer.

1. It is unlawful for any public officer, and anyother person receiving money on behalf of, or for or on account of, this Stateor of any department of the State Government or of any bureau or fund createdby law in which the State is directly or indirectly interested, or for or onaccount of any county, city, town, municipal corporation or any school ordistrict:

(a) Knowingly to keep any false account, or make anyfalse entry or erasure in any account, of or relating to any money so receivedby him;

(b) Fraudulently to alter, falsify, conceal, destroy orobliterate any such account; or

(c) Willfully to omit or refuse to pay over to theState, its officer or agent authorized by law to receive the money, or to thecounty, city, town or the school, municipal corporation, or district or to theproper officer or authority empowered to demand and receive it, any moneyreceived by him as such an officer when it is a duty imposed upon him by law topay over and account for the money.

2. A person who violates any of the provisions ofsubsection 1 shall be punished:

(a) Where the amount involved is $250 or more, for acategory D felony as provided in NRS 193.130.

(b) Where the amount involved is less than $250, for amisdemeanor.

[1911 C&P 393; RL 6658; NCL 10345](NRS A1967, 492; 1969, 105; 1979, 1438; 1989, 1431; 1995, 1212)

NRS 204.040 Penaltyfor neglect or refusal to pay over. If anyclerk, justice of the peace, sheriff, constable or other officer, who mayreceive any fine or forfeiture, shall refuse or neglect to pay over the sameaccording to law, and within 30 days after the receipt thereof, he shall, inaddition to being imprisoned and punished as provided by law, be liable uponhis official bond for the amount thereof, with 50 percent damages and interest,to be recovered in like manner as for failing to pay over money received onexecution.

[1911 C&P 394; RL 6659; NCL 10346]

NRS 204.050 Misappropriationby treasurer. A state, county, city or towntreasurer who willfully misappropriates any money, funds or securities receivedby or deposited with him as treasurer, or who is guilty of any othermalfeasance or willful neglect of duty in his office, shall be punished:

1. Where the amount misappropriated is $250 or more,for a category D felony as provided in NRS193.130. In addition to any other penalty, the court shall order the personto pay restitution.

2. Where the amount misappropriated is less than $250,for a misdemeanor.

[1911 C&P 395; RL 6660; NCL 10347](NRS A1967, 492; 1979, 1439; 1989, 1432; 1995, 1213)

NRS 204.060 Compensationof clerk or secretary of commission connected with State Government prohibited. No money shall be paid out of the State Treasury inpayment of the salary or compensation of the clerk or secretary of anycommission connected with the State Government, or for any clerical work done,performed, or rendered to such commission except in pursuance of a direct and explicitappropriation by law to pay for such service; and the State Controller ishereby prohibited from drawing his warrant in payment of such salary orcompensation unless authorized by a law making an explicit appropriation forthat purpose.

[1911 C&P 396; RL 6661; NCL 10348]

NRS 204.070 Penaltyfor violation of NRS 204.060. Any stateofficer employing or paying any person or persons out of any state money forany such service or labor, as set forth in NRS204.060, is guilty of a misdemeanor.

[1911 C&P 397; RL 6662; NCL 10349](NRS A1967, 493)

NRS 204.080 Privateuse of state motor vehicle prohibited.

1. It shall be unlawful for any individual,individuals or groups of individuals, whether an employee or employees of theState of Nevada or not, to use any automobile, truck or other means ofmechanical conveyance, property of the State of Nevada, for their own privateuse.

2. The executive officer of any state office, agency,department, commission or institution to which such automobile, truck or othermeans of mechanical conveyance is assigned, and the operator of such equipment,shall be jointly and severally responsible to the State for the unauthorizeduse of such equipment while so assigned, used or operated.

3. A violation of any provision of this section by anyperson other than an officer or employee of the State of Nevada is amisdemeanor.

4. A violation of any provision of this section by anofficer or employee of the State of Nevada shall constitute malfeasance inoffice.

[1:103:1951] + [2:103:1951](NRS A 1961, 346)