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Case Synopsis

Appellant Moore was convicted of fraudulent use of a credit card based on an incident that took place in a Las Vegas Wal-Mart. His suspicious behavior2 while shopping attracted the attention of a loss prevention specialist. The loss prevention specialist suspected Moore might attempt to purchase goods with a credit card, and instructed a cashier to contact management if Moore presented a credit card without proper identification. Moore brought over $300 worth of goods to the cashier’s register and presented a credit card. When Moore could not produce identification, the cashier summoned a manager who took the credit card to the loss prevention specialist for examination. The loss prevention specialist discovered that the credit card was reported stolen and detained Moore. Moore claimed to have the cardholder’s consent to use the credit card, which was not verified. Moore was subsequently arrested and charged with one count of fraudulent use of a credit card, one count of possession of a credit card without the cardholder’s consent, and one count of burglary. A jury found him guilty on all counts, and the court adjudicated him as a small habitual criminal. Moore appealed his conviction on all counts. The Nevada Supreme Court upheld the convictions for burglary and possession of a credit card without the cardholder’s consent and the adjudication as a small habitual criminal on those counts, but reversed the conviction for fraudulent use of a credit card. The court determined that a stolen credit card must be processed and charged to constitute fraudulent use. Since Moore’s attempt to obtain goods with a stolen credit card failed, he did not actually “use” the stolen card and could not be convicted.