Existing law provides that a person who, by day or night, unlawfully enters or unlawfully remains in a business structure with the intent to commit grand or petit larceny, assault or battery on any person or any felony is guilty of the crime of burglary of a business. (NRS 205.060) Section 1 of this bill removes the elements of unlawfully entering or unlawfully remaining from the offense, thereby making it a crime to enter any business structure with the intent to commit grand or petit larceny, assault or battery on any person or any felony. Existing law: (1) makes it a crime to knowingly participate directly or indirectly in or engage in conduct with the intent to further an organized retail theft; and (2) defines “organized retail theft” as committing, either alone or with any other person or persons, a series of thefts of retail merchandise against one or more merchants, either on the premises of a merchant or through the use of an Internet or network site, in this State with the intent to return the merchandise to the merchant for value or to resell, trade or barter the merchandise for value under certain circumstances. (NRS 205.08345) Section 2 of this bill: (1) expands the crime of organized retail theft by making it unlawful to buy, receive, possess or withhold retail merchandise knowing that it was obtained through an organized retail theft or under such circumstances as should have caused a reasonable person to know that it was obtained through an organized retail theft, whether or not the person involved in the theft committed in the organized retail theft is or has been prosecuted or convicted for the offense; (2) defines “retail merchandise” for purposes of the crime of organized retail theft; and (3) revises the definition of “organized retail theft” to include a single theft and remove the elements of the crime requiring the return of the merchandise to the merchant for value or the reselling, trading or bartering of such merchandise. Existing law establishes certain crimes making it unlawful to take or obtain property, including: (1) theft; (2) grand larceny; (3) petit larceny; and (4) receiving or possessing stolen property. (NRS 205.0821-205.0835, 205.2175-205.2705, 205.275) Existing law provides that a person who commits theft is guilty of: (1) a misdemeanor if the value of the property or services involved in the theft is less than $1,200; (2) a category D felony if the value is $1,200 or more but less than $5,000; (3) a category C felony if the value is $5,000 or more but less than $25,000; (4) a category B felony, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000, if the value is $25,000 or more but less than $100,000; and (5) a category B felony punishable 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 by a fine of not more than $15,000, if the value is $100,000 or more. (NRS 205.0835) Section 3 of this bill reduces the felony theft threshold to $650 and revises the tier of felony penalties based on the value of the property or services involved in the theft. Sections 4-22 and 28-31 of this bill make conforming changes to various theft and related offenses that use similar monetary thresholds for purposes of determining the applicable criminal penalties. Existing law: (1) authorizes a prosecuting attorney to prosecute a person as a habitual criminal, habitual felon or habitually fraudulent felon under certain conditions; and (2) prescribes the punishment for a habitual criminal, habitual felon or habitually fraudulent felon. (NRS 207.010, 207.012, 207.014) Section 23 of this bill: (1) authorizes a prosecuting attorney to prosecute a person as a habitual theft offender if the person is convicted of certain theft offenses punishable as a misdemeanor and has previously been convicted two or more times of certain theft offenses punishable as a misdemeanor; and (2) makes the punishment for a habitual theft offender a category B felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years. Sections 24-27, 32 and 33 of this bill make conforming changes for consistency with the existing habitual criminal, habitual felon and habitually fraudulent felon statutory scheme.

Statutes affected:
As Introduced: 205.060, 205.08345, 205.0835, 205.130, 205.134, 205.220, 205.222, 205.240, 205.267, 205.275, 205.365, 205.370, 205.377, 205.380, 205.415, 205.445, 205.520, 205.540, 205.570, 205.580, 205.590, 205.950, 207.012, 207.016, 173.095, 176A.100, 475.105, 501.3765, 598.0999, 612.445, 646.060, 647.140
BDR: 205.060, 205.08345, 205.0835, 205.130, 205.134, 205.220, 205.222, 205.240, 205.267, 205.275, 205.365, 205.370, 205.377, 205.380, 205.415, 205.445, 205.520, 205.540, 205.570, 205.580, 205.590, 205.950, 207.012, 207.016, 173.095, 176A.100, 475.105, 501.3765, 598.0999, 612.445, 646.060, 647.140