NRS 205.397 False representation concerning lien against property of public officer or employee, candidate for public office or participant in official proceeding or member of immediate family of such persons; penalties; civil action.

852 words·~4 min read·/nv/chapter-205-crimes-against-property/205-397·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A person shall not file, register or record, or present for filing, registration or recording, in any public office, a lien or other encumbrance against the real or personal property of a public officer, candidate for public office, public employee or participant in an official proceeding, or a member of the immediate family of a public officer, candidate for public office, public employee or participant, which is based on the performance of or failure to perform a duty relating to the office, employment or participation by the public officer, candidate for public office, public employee or participant if the person knows or has reason to know that the lien or encumbrance:

(a)Is forged or fraudulently altered;

(b)Contains a false statement of material fact; or

(c)Is being filed, registered, recorded or presented in bad faith or for the purpose of harassing or defrauding any person.

2. Except as otherwise provided in subsection 3, a person who violates this section is guilty of a category B felony and shall be punished:

(a)For a first offense, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $20,000, or by both fine and imprisonment.

(b)For a second or subsequent offense, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

3. A person whose violation of this section is part of a pattern, or consistent with a practice, of committing such violations is guilty of a category B felony and shall be punished:

(a)For a first offense, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $100,000, or by both fine and imprisonment.

(b)For a second or subsequent offense, 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, or by a fine of not more than $150,000, or by both fine and imprisonment.

4. In addition to the criminal penalties imposed for a violation of this section, a person who violates this section is subject to a civil penalty of not more than $20,000 for each violation. This penalty may be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

5. A person who violates this section is liable in a civil action brought pursuant to this section for:

(a)Actual damages caused by each separate violation of this section or $20,000 for each separate violation of this section, whichever is greater;

(b)All costs of bringing and maintaining the action, including investigative expenses and fees for expert witnesses;

(c)Reasonable attorney’s fees; and

(d)Any punitive damages that the facts may warrant.

Ê The civil action may be brought by any person who is damaged by a violation of this section, including, without limitation, any person who is damaged as the result of an action taken in reliance on a lien or encumbrance that is filed, registered or recorded in violation of this section.

6. For the purposes of this section, a person’s violation of this section is part of a pattern, or consistent with a practice, of committing such violations if the person commits one or more violations of this section in two or more transactions:

(a)Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;

(b)Which are not isolated incidents within the immediately preceding 4 years; and

(c)In which the aggregate loss or intended loss is more than $250.

7. As used in this section:

(a)“Encumbrance” includes, without limitation, a lis pendens or other notice of the pendency of an action.

(b)“Immediate family” means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

(c)“Lien” means a charge against or an interest in property which is used as security for the payment of a debt or the performance of an obligation. The term includes, without limitation, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, a statutory lien and a security interest.

(d)“Participant in an official proceeding” includes, without limitation, a juror or witness in a judicial or administrative proceeding or a referee, arbitrator, mediator, appraiser, assessor or other person authorized by law to hear or determine any controversy or matter.