SB 155 — Revises provisions regarding the possession and use of personal identifying information and fictitious personal identifying information. (BDR 15-917)

(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT S.B.

155 S ENATE BILLB NOILL N O .

155–S ENATORS CANNIZZAROC ANNIZZARO , S PEARMAN , CANCELAC ANCELA , WWOODHOUSE OODHOUSE , DDENIS; ENIS;

ABROOKS TKINSON , B ROOKS , DONDERO LOOP , HARRIS,D. ARKS , RATTI AND S CHEIBLE FEBRUARY 14, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions regarding the possession and use of fictitious personal identifying information.

H ARRIS, PARKS , RATTI AND S CHEIBLE F EBRUARY 14, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions regarding the possession and use of personal identifying information and fictitious personal identifying information.

establishing provisions regarding the possession and use of personal identifying information or fictitious personal identifying information by certain persons for certain specified purposes;

Existing law establishes various unlawful acts relating to the possession and use bill establishes various unlawful acts relating to the possession and use of the fictitious personal identifying information of a fictitious person.

(NRSSection 205.461-205.4657)1 Thisof this bill establishesprovides variousthat unlawfula actsperson relatingwho toknowingly thepossesses possessionany andfictitious usepersonal identifying information of thea fictitious personalperson identifyingand, with the intent to commit an unlawful act, uses such information for an unlawful purpose is guilty of a fictitiouscategory person.B felony and shall be punished by imprisonment in the state prison for a minimum may be further punished by a fine of not more than $100,000.

Section 1 ofalsoand thisprovides identifyingthat information of a fictitious person and,who withknowingly thepossesses intentany tofictitious commitpersonal anidentifying unlawful act, uses such information for an unlawful purpose is guilty of a categoryfictitious Bperson felony and shalluses besuch punishedinformation byto imprisonmentavoid inor thedelay statebeing prisonprosecuted for aan minimumunlawful termact ofis notguilty less than 1 year and a maximum term of not more than 20 years, and may be further punished by a finecategory ofC notfelony. more than $100,000.

Section 1 alsoadditionally provides that a person who knowingly possesses any fictitious personal identifying information of a fictitious person and uses such information to avoid or delay being provides that a person who violates either such provision by possessing and usingrusing the fictitious personal identifying information of five or more fictitious persons 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 3 years and a maximum termtermin - *SB155_R1* – 2 – of not more than 20 years, and may be further punished by a fine of not more than $100,000.

Section 21 offurther thisprovides billthat prohibitsif a person frompossesses possessing,and sellinguses any personal identifying information of a person or transferringfictitious whopersonal violatesidentifying suchinformation of the respective age requirement established by law to engage in gambling orperson meets purchase alcohol or cigarettes or related products, the person, depending on his or her actual age, is guilty of a provisionmisdemeanor by:or commits a delinquent act.

(1)Section possessing2 fictitiousof personalthis identifyingbill -prohibits *SB155*a –person 2from –possessing, informationselling foror thetransferring soleany purposefictitious ofpersonal establishingidentifying falseinformation prooffor ofcertain agepurposes. is guilty of a misdemeanor;

Any person who violates such a provision by:

(1) possessing fictitious personal identifying misdemeanor;

or (4) selling or transferring the fictitious categorypersonal Bidentifying felony.ng information of five or more fictitious persons is guilty of a Sectioncategory 5B offelony. this bill provides that the unlawful acts relating to the possession and use of fictitious personal identifying information do not apply to any person who, without the intent to defraud or commit an unlawful act, possesses or uses any fictitious personal identifying information of a fictitious person:

(1)and inuse of fictitious personal identifying information do not apply to any personion who, without the ordinaryintent authorizedto bydefraud law.eror businesscommit an unlawful act, possesses or employment;uses any fictitious personal identifying information of a fictitious person:

or(1) (2)in forthe anyordinary othercourse purpose Sections 3, 4, 6 and 7 of thishis billor makeher conformingbusiness changes.or employment;

or (2) for any other purpose authorized by law.

Sections 3, 4, 6 and 7 of this bill make conforming changes.

Except as otherwise provided in subsections 2 , [and] 3 [,] and 3,4, a person who :

- *SB155_R1* – 3 – (1) Possesses any fictitious personal identifying information of a fictitious person;

or (II) For any other unlawful purpose,  is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less - *SB155* – 3 – 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 $100,000.

ExceptIf asthe otherwisepersonal providedidentifying ininformation subsectionof 3,another person is obtained and used or the fictitious personal identifying information of a fictitious person whois knowingly:possessed and used by a person in violation of subsection 1 for the sole purpose of falsely establishing that the person:

(a) Is 21 years of age or older for the purpose of engaging in gambling or purchasing any alcoholic beverage, the person:

(1) Is guilty of a misdemeanor if the person is 18 years of age or older but less than 21 years of age;

and (2) Commits a delinquent act if the person is less than 18 years of age, and the court may order the detention of the person in the same manner as if the person had committed an act that would have been a misdemeanor if committed by an adult;

or (b) Is 18 years of age or older for the purpose of purchasing any cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products, the person commits a delinquent act, and the court may order the detention of the person in the same manner as if the person had committed an act that would have been a misdemeanor if committed by an adult.

3.

Except as otherwise provided in subsection [3,] 4, a person who knowingly:

3.[3.] 4.

(a) [Subsection] Paragraph (a) of subsection 1 or subsection 2[2] 3 by obtaining and using the personal identifying information of an older person or a vulnerable person;

- *SB155_R1* – 4 – (b) [Subsection] Paragraph (a) of subsection 1 or subsection 2[2] 3 by obtaining and using the personal identifying information of five or more persons;

(c) [Subsection] Paragraph (a) of subsection 1 or subsection 2[2] 3 by causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation;

[or] (d) Paragraph (b) of subsection 1 or subsection 23 by possessing and using the fictitious personal identifying information of five or more fictitious persons;

or (e) Subsection 2[2] 3 to avoid or delay being prosecuted for an felony,lunlawful act that is punishable as a category A felony or category B felony,  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 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

4.[4.] 5.

5.[5.] 6.

Proof of possession of the personal identifying information of five or more persons or the fictitious personal identifying information of five or more fictitious persons, as applicable, in a - *SB155* – 4 – manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.

or (b) Possesses any such document , [or] personal identifying information or fictitious personal identifying information in violation of subsection 1 to commit any of the crimes set forth in - *SB155_R1* – 5 – NRS 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive,  is guilty of a category C felony and shall be punished as provided in NRS 193.130.

or (2) The fictitious personal identifying information of five or more fictitious persons;