Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 503–Committee
on Government Affairs
CHAPTER..........
AN ACT relating to governmental administration; prohibiting
certain acts related to critical infrastructure or used utility
wire; establishing requirements relating to transactions
involving used utility wire; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law makes it a gross misdemeanor to know ingly burn stolen metallic
wire to remove insulation. (NRS 202.180) Section 1 of this bill sets forth penalties
for a person who willfully tampers with or willfully removes, damages or destroys
any critical infrastructure.
Section 3 of this bill provides that it is unlawful for a person to possess used
utility wire unless the person is a certain type of business that may reasonably
generate, possess or sell used utility wire or the person possesses documentation
proving lawful ownersh ip or possession. Section 4 of this bill prohibits a person
from purchasing used utility wire for any purpose unless the seller is a business that
may reasonably generate, possess or sell used utility wire or the seller establishes
lawful ownership or poss ession of the used utility wire by providing certain
documentation. Section 5 of this bill provides that a person who commits the
offense created by section 3 or who violates the provisions of section 4 is guilty of
a degree of felonious conduct consistent with the weight of used utility wire
involved in the crime.
Existing law provides that, under certain circumstances, a person may not sue
any political subdivision s for any injury, wrongful death or other damage incurred
by the person while committing ce rtain crimes. (NRS 41.0334) Section 5.5 of this
bill revises the list of crimes to include the new crime created by section 1.
Existing law provides certain restrictions on the purchase or receipt by a junk
dealer of metallic wire that has been burned in whole or in part to remove
insulation. (NRS 647.035) Sections 14 and 15 of this bill make these restrictions
apply instead to the purchase or receipt by a junk dealer of used utility wire.
Existing law provides certain restrictions on the sale and purchas e of scrap
metal and used catalytic converters in this State. (NRS 647.092 -647.099). Sections
12 and 13 of this bill exclude used utility wire from the definition of “scrap metal”
but include persons who purchase, trade, barter or otherwise receive used ut ility
wire in the definition of “scrap metal processor.” Section 8 of this bill prohibits a
scrap metal processor from purchasing or receiving used utility wire from any
person other than certain businesses that may reasonably generate, possess or sell
used utility wire and persons who provide documentation to establish lawful
ownership or possession of used utility wire. Section 10 of this bill provides certain
restrictions on the manner by which a scrap metal processor may purchase used
utility wire that are substantially similar to the restrictions under existing law on the
manner by which a scrap metal processor may purchase a used catalytic converter.
Existing law requires a scrap metal processor to maintain certain records of
purchases of scrap metal and used catalytic converters. (NRS 647.094, 647.0943)
Section 9 of this bill requires a scrap metal processor to maintain record s of
purchases of used utility wire that are substantially similar to the records that it
must maintain under existing law for purchases of used catalytic converters.
Section 9 requires a scrap metal processor to maintain these records for a period of
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not less than 3 years. Section 9 also requires a scrap metal processor to make
available to a local law enforcement agency on demand all the used utility wire that
it purchases and the records of those purchases.
Existing law authorizes a local law enforcemen t agency to establish an
electronic reporting system or to utilize an existing electronic reporting system to
receive information relating to the purchase of scrap metal or used catalytic
converters by a scrap metal processor that transacts business within the jurisdiction
of the local law enforcement agency. If a law enforcement agency establishes or
uses such a system, existing law requires each scrap metal processor that transacts
business within the jurisdiction of the local law enforcement agency to su bmit
electronically to the local law enforcement agency certain information relating to
each purchase of scrap metal and catalytic converters from certain persons. (NRS
647.0945) Section 16 of this bill requires each scrap metal processor to submit
electronically to the local law enforcement agency certain additional information if
the scrap metal processor purchases used utility wire.
Section 17 of this bill provides that a person who violates any provision of
section 8, 9 or 10 is guilty of a misdemeanor.
Section 7 of this bill defines “used utility wire” for the purposes of
sections 8-16.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. A person who willfully tampers with or willfully removes,
damages or destroys any critical infrastructure shall be punished
pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the value
of the pro perty tampered with or removed, damaged or destroyed,
as described in subsection 1, is:
(a) Less than $1,200, a person who violates the provisions of
subsection 1 is guilty of a misdemeanor.
(b) At least $1,200 but less than $5,000, a person who violates
the provisions of subsection 1 is guilty of a gross misdemeanor.
(c) Five thousand dollars or more, a person who violates the
provisions of subsection 1 is guilty of a category D felony and
shall be punished as provided in NRS 193.130.
3. If the tampering with or the removal, damage or
destruction described in subsection 1 causes an interruption in the
service provided by any critical infrastructure, a person who
violates the provisions of subsection 1 is guilty of a category C
felony and shall be punished as provided in NRS 193.130.
4. A prosecuting attorney shall not seek, and a court shall not
impose, any penalty pursuant to NRS 20 5.0821 to 205.0835,
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inclusive or NRS 206.310 against a person for the same conduct
that is a violation of the provisions of subsection 1.
5. In determining the value of the property tampered with or
removed, damaged or destroyed, as described in subsection 1, the
cost of replacing or repairing the property or critical
infrastructure, if necessary, must be added to the value of the
property.
6. As used in this section, “critical infrastructure” means any
building, facility, structure, fixture, equipment or other property
owned, maintained or used by a company or a county, city or other
political subdivision of this Sta te to store, use, transform, deliver,
transport or transmit electricity or furnish video service,
broadband service, telecommunication service, telephone service,
wireless service, natural gas service, water service, sewer service
or stormwater collection or disposal service for the benefit of the
public, including, without limitation, power lines, telephone lines,
streetlights, traffic lights, electrical transformers, electrical
substations, cellular towers and telecommunication or fiber optic
cables.
Sec. 2. Chapter 205 of NRS is hereby amended by adding
thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. 1. It is unlawful for a person to possess used utility
wire unless the person:
(a) Holds a permit issued pursuant to NRS 444.553 to operate
a disposal site, as defined in NRS 444.460;
(b) Holds a contractor’s license issued pursuant to chapter 624
of NRS;
(c) Is a scrap metal processor licensed pursuant to NRS
647.092 who maintains a fixed place of business and has obtained
the used utility wire in accordance with the provisions set forth in
sections 8 and 9 of this act;
(d) Is a junk dealer and has obtained the used utility wire in
accordance with the provision s set forth in NRS 647.030 and
647.035;
(e) Possesses documentation that proves the person is the
lawful owner or possessor of the used utility wire, including,
without limitation, an affidavit or declaration under penalty of
perjury from the seller, bailor or deliverer from whom the person
received the used utility wire concerning the lawfulness of the
acquisition and possession of the used utility wire by the seller,
bailor or deliverer; or
(f) Any other business that may reasonably generate, posses s
or sell the used utility wire.
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2. As used in this section, “used utility wire” means:
(a) Seven-strand metallic wire;
(b) Metallic wire that has been permanently marked with a
name, badge, symbol or other mark indicating ownership; or
(c) Metallic wire that has been burned, in whole or in part, to
remove insulation.
Sec. 4. 1. A person shall not purchase used utility wire for
any purpose, including, without limitation, to recycle or smelt,
unless the person purchases the used utility wire from:
(a) A scrap metal processor licensed pursuant to NRS 647.092
who maintains a fixed place of business and has obtained the used
utility wire in accordance with the provisions of sections 8 and 9 of
this act;
(b) Any other business that may reasonably generate, possess
or sell used utility wire; or
(c) A person providing documentation that proves the person is
the lawful owner or possessor of the used utility wire, including,
without limitation, an affidavit or declaration under penalty of
perjury from the person concerning the lawfulness of the
acquisition and possession of the used utility wire by the person.
2. As used in this section, “used utility wire” means:
(a) Seven-strand metallic wire;
(b) Metallic wire that h as been permanently marked with a
name, badge, symbol or other mark indicating ownership; or
(c) Metallic wire that has been burned, in whole or in part, to
remove insulation.
Sec. 5. A person who violates the provisions o f section 3 or 4
of this act is guilty of:
1. If the violation involves used utility wire with a weight of
less than 100 pounds, a misdemeanor.
2. If the violation involves used utility wire with a weight of at
least 100 pounds but less than 400 pounds, a gross misdemeanor.
3. If the violation involves used utility wire with a weight of
400 pounds or more, a category D felony and shall be punished as
provided in NRS 193.130.
Sec. 5.5. NRS 41.0334 is hereby amended to read as follows:
41.0334 1. Except as otherwise provided in subsection 2, no
action may be brought under NRS 41.031 or against an officer or
employee of the State or any of its agencies or political subdivisions
for injury, wrongful death or othe r damage sustained in or on a
public building or public vehicle by a person who was engaged in
any criminal act proscribed in section 1 of this act, NRS 205.005 to
205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to
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205.2741, inclusive, 206. 310, 206.330, 206.335, 207.210, 331.200
or 393.410 at the time of the injury, wrongful death or damage was
caused.
2. Subsection 1 does not apply to any action for injury,
wrongful death or other damage:
(a) Intentionally caused or contributed to by an officer or
employee of the State or any of its agencies or political
subdivisions; or
(b) Resulting from the deprivation of any rights, privileges or
immunities secured by the United States Constitution or the
Constitution of the State of Nevada.
3. As used in this section:
(a) “Public building” includes every house, shed, tent or booth,
whether or not completed, suitable for affording shelter for any
human being or as a place where any property is or will be kept for
use, sale or deposit, and the grounds appurtenant thereto; and
(b) “Public vehicle” includes every device in, upon or by which
any person or property is or may be transported or drawn upon a
public highway, waterway or airway,
owned, in whole or in part, possessed, used by or leased to t he
State or any of its agencies or political subdivisions.
Sec. 6. Chapter 647 of NRS is hereby amended by adding
thereto the provisions set forth as sections 7 to 10, inclusive, of this
act.
Sec. 7. “Used utility wire” means:
1. Seven-strand metallic wire;
2. Metallic wire that has been permanently marked with a
name, badge, symbol or other mark indicating ownership; or
3. Metallic wire that has been burned, in whole or in part, to
remove insulation.
Sec. 8. A person described in subsection 1 of NRS 647.0172
shall not purchase or otherwise receive used utility wire for any
purpose, including, without limitation, to recycle or smelt, unless
the person purchases or receives the used utility wire from:
1. A scrap metal processor licensed pursuant to NRS 647.092
who maintains a fixed place of business and has obtained the used
utility wire in accordance with the provisions of section 9 or 10 of
this act;
2. A person providing documentation that proves the person
is the lawful owner or possessor of the used utility wire, including,
without limitation, an affidavit or declaration under penalty of
perjury from the person concerning the lawfulness of the
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acquisition and possession of the used utility wire by the person;
or
3. Any other business that may reasonably generate, possess
or sell used utility wire.
Sec. 9. 1. Except as otherwise provided in subsections 2
and 3, every scrap metal processor shall maintain in his or her
place of business a book or other permanent record in which must
be made, at the time of each purchase of used utility wire, a record
of the purchase that contains:
(a) The place and date of the purchase.
(b) The name of the seller and the seller’s valid driver’s license
number or valid identification card number and the state of issue.
(c) A general description of the vehicle delivering the used
utility wire, including, without limitation, the st ate of the
registration of the vehicle.
(d) A description of the used utility wire purchased, including,
without limitation, the item type and quantity.
(e) A statement written by the seller indicating:
(1) That the seller is the lawful owner or posses sor of the
used utility wire; or
(2) The name of the person from which the seller obtained
the used utility wire, including, if applicable, the name of the
business as shown on a signed transfer document.
(f) The price paid by the scrap metal processor for the used
utility wire.
(g) If the seller is a business entity other than a scrap metal
processor, the seller’s:
(1) Physical business address;
(2) Business telephone number; and
(3) Business license number or tax identification number.
2. A sc rap metal processor who purchases used utility wire
from a business entity that holds a written agreement with another
business that sells used utility wire for recycling purposes is
required to maintain in his or her place of business a book or
other perm anent record in which must be made, at the time of
each purchase, a record of the purchase that contains:
(a) The name of the seller or agent acting on behalf of the
seller.
(b) The seller’s physical business address and business
telephone number.
(c) The seller’s business license number or tax identification
number.
(d) The date and place of the transaction.
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(e) The number of units of used utility wire received in the
course of the transaction.
(f) The amount of money that was paid for each unit of u sed
utility wire in the course of the transaction.
(g) A copy of the written agreement.
3. A scrap metal processor who sells used utility wire to
another scrap metal processor shall maintain in his or her place of
business a book or other permanent record in which must be
made, at the time of each sale, a record of the sale that contains:
(a) The name and address of each person to whom each unit
of used utility wire is sold.
(b) The number of units of used utility wire being sold.
(c) The amount o f money that was received for each unit of
used utility wire sold in the transaction.
(d) The date and place of the transaction.
4. All records kept pursuant to subsections 1, 2 and 3 must be
kept and maintained for not less than 3 years.
5. All used utility wire purchased by a scrap metal processor
and the records made and maintained in accordance with
subsections 1 to 4, inclusive, must be made available at all times to
a local law enforcement agency upon demand.
Sec. 10. 1. Except as otherwise provided in subsection 2, a
scrap metal processor shall not provide payment for used utility
wire unless:
(a) The payment is made by check or through an electronic
transfer of money cleared through an automated clearinghouse;
(b) The seller is a person described in section 8 of this act; and
(c) The scrap metal processor obtains:
(1) A clear photograph or video of the:
(I) Seller at the time of the sale; and
(II) Used utility wire being sold;
(2) A copy of the selle r’s valid driver’s license containing
the photograph and address of the seller, or a copy of a state or
federal government -issued identification card containing the
photograph and address of the seller; and
(3) A statement written by the seller indicating:
(I) That the seller is the lawful owner or possessor of the
used utility wire; or
(II) The name of the person from whom the seller
obtained the used utility wire, including, if applicable, the name of
the business as shown on a signed transfer document.
2. The provisions of subsection 1 do not apply to a scrap
metal processor who buys used utility wire if the scrap metal
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processor and the seller have a written agreement for the
transaction which includes:
(a) A log or other regularly updated rec ord of all used utility
wire received pursuant to the agreement; and
(b) A description of each unit of used utility wire with enough
particularity so that each of the units of used utility wire in the
scrap metal processor’s inventory can reasonably be matched to its
description in the agreement.
Sec. 11. NRS 647.010 is hereby amended to read as follows:
647.010 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 647.011 to 647.0185,
inclusive, and section 7 of this act have the meanings ascribed to
them in those sections.
Sec. 12. NRS 647.017 is hereby amended to read as follows:
647.017 1. “Scrap metal” means nonferrous metals, scrap
iron, stainless steel or other material or equipment which consists in
whole or in part of metal and which is used in construction,
agricultural operations, electrical power generation, transmission or
distribution, cable, broadband or telecommunications trans mission,
railroad equipment, oil well rigs or any lights maintained by the
State or a local government, including, without limitation, street
lights, traffic-control devices, park lights or ballpark lights.
2. The term does not include waste generated by a household,
aluminum beverage containers, used construction scrap iron,
materials consisting of a metal product in its original manufactured
form which contains not more than 20 percent by weight nonferrous
metal , used utility wire or used catalytic converters.
Sec. 13. NRS 647.0172 is hereby amended to read as follows:
647.0172 “Scrap metal processor” means any person who:
1. Engages in the business of purchasing, trading, bartering or
otherwise receiving scrap metal , used utility wire or used catalytic
converters; or
2. Uses machinery and equipment for processing and
manufacturing iron, steel or nonferrous scrap into prepared grades,
and whose principal product is scrap iron, scrap steel or nonferrous
metallic scrap, not including precious metals, for sale for remelting
purposes.
Sec. 14. NRS 647.030 is hereby amended to read as follows:
647.030 1. Every junk dealer shall keep a book in which
must be written in ink at the time of purchase a full and accurate
description of each article purchased, together with the full name,
residence, driver’s license number, vehicle license number and
general description of the person selling the article.
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2. In addition to the information required to be included in the
book pursuant to subsection 1, a junk dealer must include in writing
in ink in the book each time he or she purchases or otherwise
receives [metallic] used utility wire that has been burned in whole or
in part to remove insulation:
(a) The name of the person who delivered the [metallic] used
utility wire; and
(b) A description of the written evidence obtained by the junk
dealer pursuant to NRS 647.035 identifying the person who
delivered the [metallic] used utility wire.
3. No entry in the book may be erased, mutilated or changed.
4. The book must be open at all times to inspection by the
sheriff of the county or any of his or her deputies, any member of
the police department in the city or town, and any constable or other
county or municipal officer in the county in which the junk dealer
does business.
Sec. 15. NRS 647.035 is hereby amended to read as follows:
647.035 1. A junk dealer shall not purchase or otherwise
receive [metallic] used utility wire [that has been burned in whole or
in part to remove insulation ] unless, at the time that the [metallic]
used utility wire is purchased or otherwise received, the junk dealer
obtains:
(a) Written evidence ide ntifying the person who delivered the
[metallic] used utility wire; and
(b) A statement signed by the person who delivered the
[metallic] used utility wire in which the person attests that the
[metallic] used utility wire was lawfully acquired and , if
applicable, burned.
2. A junk dealer shall retain the written evidence and the
statement obtained pursuant to subsection 1 for not less than 3 years.
Sec. 16. NRS 647.0945 is hereby amended to read as follows:
647.0945 1. A local law enforcement agency may establish
an electronic reporting system or utilize an existing electronic
reporting system to receive information relating to the purchase of
scrap metal , used utility wire or used catalytic converters by a scrap
metal processor that transacts business within the jurisdiction of the
local law enforcement agency. An electronic reporting system
established or utilized pursuant to this subsection must:
(a) Be electronically secure and accessible only to:
(1) A scrap metal processor for the purpose of submitting the
information required by subsection 2;
(2) An officer of the local law enforcement agency; and
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(3) If applicable, an authorized employee of any designated
third party.
(b) Provide for the electron ic submission of information by a
scrap metal processor.
2. If a local law enforcement agency establishes an electronic
reporting system or utilizes an existing electronic reporting system
pursuant to subsection 1, each scrap metal processor that transac ts
business within the jurisdiction of the local law enforcement agency
shall, before 12 p.m. of each business day, submit electronically to
the local law enforcement agency or, if applicable, a designated
third party the following information regarding:
(a) Each purchase of scrap metal conducted on the preceding
day from a person who sold the scrap metal in his or her individual
capacity:
(1) The name of the seller;
(2) The date of the purchase;
(3) The name of the person or employee who conducted t he
transaction on behalf of the scrap metal processor;
(4) The name, street, house number and date of birth listed
on the identification provided pursuant to paragraph (c) of
subsection 1 of NRS 647.094 and a physical description of the
seller, including the seller’s gender, height, eye color and hair color;
(5) The license number and general description of any
vehicle that delivered the scrap metal;
(6) The description of the scrap metal recorded pursuant to
paragraph (h) of subsection 1 of NRS 647.094;
(7) The amount, in weight, of scrap metal purchased; and
(b) Each purchase of used utility wire conducted on the
preceding day from a person who sold the used utility wire in his
or her individual capacity:
(1) A statement written by the seller indicating:
(I) That the seller is the lawful owner or possessor of the
used utility wire; or
(II) The name of the person from whom the seller
obtained the used utility wire, including, if applicable, the name of
the business as shown on a signed transfer document; and
(2) A description of the used utility wire purchased or sold,
including, without limitation, the item type and quantity.
(c) Each purchase of a used catalytic converter conducted on the
preceding day from a person who sold the use d catalytic converter
in his or her individual capacity:
(1) A statement written by the seller indicating:
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(I) That the seller is the lawful owner or possessor of the
used catalytic converter; or
(II) The name of the person from whom the seller
obtained the used catalytic converter, including, if applicable, the
name of the business as shown on a signed transfer document;
(2) If applicable, a copy of the title of the vehicle from which
the used catalytic converter was removed which includes a vehi cle
identification number that matches the vehicle identification number
permanently marked on the used catalytic converter;
(3) The year, make, model and vehicle identification number
of the vehicle from which the used catalytic converter was removed;
and
(4) A description of the used catalytic converter purchased or
sold, including, without limitation, the item type, quantity and
vehicle identification number permanently marked on the used
catalytic converter.
3. If a scrap metal processor is requir ed to submit information
to a local law enforcement agency or, if applicable, a designated
third party pursuant to subsection 2, the scrap metal processor shall
display prominently at the point of purchase a public notice, in a
form approved by the local l aw enforcement agency, describing the
information that the scrap metal processor is required to submit
electronically to the local law enforcement agency or, if applicable,
the designated third party.
4. Nothing in this section shall be deemed to limit o r otherwise
abrogate any duty of a scrap metal processor to maintain a book or
other permanent record of information pursuant to NRS 647.094 or
647.0943.
5. If a local law enforcement agency establishes an electronic
reporting system or utilizes an exist ing electronic reporting system
to receive information pursuant to this section, the local law
enforcement agency shall, on or before January 15 of each odd -
numbered year, submit to the Director of the Legislative Counsel
Bureau for transmittal to the Legislature a report regarding the effect
of the electronic reporting system on the incidence of crime which
relates to the sale or purchase of scrap metal or used catalytic
converters within the jurisdiction of the law enforcement agency.
6. Except as other wise provided in paragraph [(b)] (c) of
subsection 2, the provisions of this section do not apply to the
purchase of scrap metal , used utility wire or a used catalytic
converter from a business entity.
7. The Division of Industrial Relations of the Department of
Business and Industry shall, in consultation with representatives
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from local law enforcement agencies in this state and representatives
from the scrap metal industry, adopt regulations to ensure the
confidentiality of information which is reported and maintained
pursuant to this section, including, without limitation, regulations
providing for:
(a) The confidentiality of consumer information;
(b) The confidentiality of proprietary information;
(c) Equity of input into contractual terms;
(d) Contractual terms relating to disclaimers, indemnification
and the ownership of data by a designated third party;
(e) Oversight of a designated third party that handles, maintains
or has access to such informa tion, including, without limitation, the
qualifications, equipment, procedures and background checks
required of a designated third party;
(f) The manner in which reported information may be used,
shared or disseminated; and
(g) The maintenance of report ed information in relationship to
other data maintained by a law enforcement agency.
8. As used in this section, “designated third party” means any
person with whom a local law enforcement agency has entered into
a contract for the purpose of receiving a nd storing any information
required to be submitted electronically by a scrap metal processor
pursuant to subsection 2.
Sec. 17. NRS 647.143 is hereby amended to read as follows:
647.143 1. Except as otherwise provided i n subsection 3 and
unless a greater penalty is provided pursuant to specific statute, a
person who violates any provision of NRS 647.093, 647.094,
647.0943, 647.096, 647.098 or 647.099 or section 8, 9 or 10 of this
act is guilty of a misdemeanor.
2. In addition to the provisions of subsections 1 and 3, the court
may issue an injunction prohibiting a person from engaging in the
business of a scrap metal processor:
(a) For the first or second offense, for a period of not less than
30 days.
(b) For a third or subsequent offense, for a period of 1 year.
3. Any scrap metal processor who is a natural person and who
knowingly violates NRS 647.093 or who sells any used catalytic
converter that the scrap metal processor knows or should know is a
stolen catalytic converter, is guilty of:
(a) If the violation involves one used catalytic converter, a
category E felony and shall be punished as provided in
NRS 193.130.
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(b) If the violation involves 2 or more, but less than 10, used
catalytic converters, a category D felony and shall be punished as
provided in NRS 193.130.
(c) If the violation involves 10 or more used catalytic converters,
a category C felony and shall be punished as provided in
NRS 193.130.
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