394.700 - Prohibition; penalty.

394.700  Prohibition; penalty.

      1.  It is unlawful for a person knowingly to use or attempt to use:

      (a) A false or misleading degree or honorary degree conferred by a private entity, regardless of whether that entity is located in this State and regardless of whether that entity is authorized to operate in this State; or

      (b) A degree or honorary degree conferred by a private entity in a false or misleading manner, regardless of whether that entity is located in this State and regardless of whether that entity is authorized to operate in this State,

Ê in connection with admission to any institution of higher education or in connection with any business, employment, occupation, profession, trade or public office.

      2.  Unless a greater penalty is provided by specific statute, a person who violates the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      3.  In addition to any criminal penalty imposed pursuant to subsection 2, a person who violates the provisions of this section is subject to a civil penalty in an amount not to exceed $5,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      4.  For the purposes of this section, a degree or honorary degree is false or misleading or is used in a false or misleading manner if it:

      (a) States or suggests that the person named in the degree or honorary degree has completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level and the person has not, in fact, completed the requirements of the program of study;

      (b) Is offered as his or her own by a person other than the person who completed the requirements of the program of study; or

      (c) Is awarded, bestowed, conferred, given, granted, conveyed or sold:

             (1) Based upon more than 10 percent of the recipient’s documented life experience and not based upon actual completion of academic work;

             (2) By a person or entity located in this State in violation of this chapter, as determined by the Commission; or

             (3) By a person or entity located outside this State which would be a violation of this chapter if the person or entity were located in this State, as determined by the Commission.

      5.  As used in this section:

      (a) “Degree” has the meaning ascribed to it in NRS 394.620.

      (b) “Honorary degree” has the meaning ascribed to it in NRS 394.620.

      (Added to NRS by 2005, 617)