205.377 - Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

205.377  Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

      1.  A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:

      (a) The person knows to be false or omitted;

      (b) The person intends another to rely on; and

      (c) Results in a loss to any person who relied on the false representation or omission,

Ê in at least two transactions that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents within 4 years and in which the aggregate loss or intended loss is more than $250.

      2.  Each act which violates subsection 1 constitutes a separate offense.

      3.  A person who violates subsection 1 is guilty of a category B felony and shall be punished 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 may be further punished by a fine of not more than $10,000.

      4.  In addition to any other penalty, the court shall order a person who violates subsection 1 to pay restitution.

      5.  A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      6.  As used in this section, “enterprise” has the meaning ascribed to it in NRS 207.380.

      (Added to NRS by 2009, 143)