Intentionally using another person’s identifying information to break the law is a felony in Nevada under NRS 205.463. “Identifying information” can include anything from a person’s name and birthday to his/her social security number or work card number.

Using another person’s personal information in order to escape arrest or prosecution is typically a category C felony, carrying up to 5 years in Nevada State Prison. Meanwhile, using another’s personal information for any other purpose is a category B felony, carrying up to 20 years in prison.

It may be possible to get NRS 205.463 charges reduced or dismissed through a plea bargain. Common defenses include:

• the defendant had no intention to break the law;
• the defendant acted with the consent of the other person; or
• the police found the evidence through an illegal search and seizure

In this article, our Las Vegas criminal defense attorneys discuss all topics related to the Nevada crime of unlawfully using another’s personal identifying information, including:

• 1. Legal definition
• 2. Penalties
• 3. Defenses
• 4. Immigration consequences
• 5. Record sealing
• 6. Related offenses

1. Legal definition

NRS 205.463 prohibits intentionally using another person’s identifying information in order to either:

1. harm the other person;
2. get access to the other person’s personal information or nonpublic records;
3. obtain credit, goods, or services in the other person’s name; and/or
4. carry out any other unlawful purpose

It makes no difference whether the “other person” is real or a made-up, fictional character.

NRS 205.463 also prohibits using another person’s identifying information to avoid being prosecuted for breaking the law.¹

There is a warrant out for Mike’s arrest in Las Vegas for being a prostitute. Mike resembles his friend Jack. Before leaving the house, Mike takes Jack’s ID. A police officer recognizes Mike as someone with a warrant and asks for his ID. Mike shows the officer Jack’s license to throw the officer off the scent. Since Mike is using the ID to delay being prosecuted (for solicitation of prostitution), Mike could be charged with illegally using Jack’s ID.

Therefore, NRS 205.463 is a broad law and comprises any action where one person deliberately uses another person’s identifying information for unlawful purposes. The legal definition of “identifying information” is also broad; some examples include a person’s:

• driver’s license number
• passport number
• birth certificate information
• professional license numbers
• insurance policy information (such as medical, dental, eye, homeowners, renters, and automobile)
• work card number
• ID number for government services (such as SNAP, disability, or welfare)
• social security card number
• credit card information
• bank account numbers
• name (current, former, or pseudonym)
• date of birth
• workplace information
• biometric data (such as fingerprints, eye scans, or facial scans)
• electronic signature
• PIN numbers²

Note that Nevada judges will presume that defendants had an intent to commit a crime if they possessed at least five (5) people’s identifying information. However, these defendants may try to “rebut” this presumption during trial and present evidence that they had no criminal intent:

Therefore, it is possible that defendants with five people’s IDs can be acquitted of violating NRS 205.463. But they do have a tougher fight than defendants found with fewer than five people’s IDs.³

2. Penalties

The punishment for violating NRS 205.463 depends on whether the defendant’s intent was to avoid prosecution or to commit another crime.

Note that it may be possible for defendants to get probation instead of prison for NRS 205.463 violations. Certainly, chances for probation are higher if the defendant had a clean criminal record prior to the case.

Unlawful use of ID to avoid prosecution

Using another person’s ID to delay or avoid prosecution is generally prosecuted a category C felony, carrying:

• one to five (1 – 5) years in prison, and
• possibly up to $10,000 in fines

But if the case has a specific “aggravating factor” that makes the defendant’s actions particularly shocking or harmful, the D.A. will prosecute the case as a category B felony. The enhanced sentence will be:

• three to twenty (3 – 20) years in prison, and
• possibly up to $100,000 in fines

These four “aggravating factors” that will cause a sentence enhancement include:

1. the underlying crime that the defendant was facing charges for is a category A felony (the most serious class of Nevada crime;)
2. the ID belonged to a disabled (“vulnerable”) person or a person at least age 60;
3. the defendant obtained and used the ID of at least five (5) people; or
4. the defendant’s actions caused another person to suffer a financial loss or injury of at least $3,000

Unlawful use of ID for all other purposes (identity theft)

Meanwhile, using another person’s ID for any unlawful purposes other than avoiding prosecution is charged as a category B felony, carrying:

• one to twenty (1 – 20) years in prison, and
• possibly up to $100,000 in fines

But suppose the case has a specific “aggravating factor” that makes the defendant’s actions particularly shocking or harmful. In that case, the minimum prison sentence is enhanced from just one (1) year to three (3) years.

The three “aggravating factors” that will cause a sentence enhancement include:

1. the ID belonged to a disabled (“vulnerable”) person or a person at least age 60;
2. the defendant obtained and used the ID of at least five (5) people; or
3. the defendant’s actions caused another person to suffer a financial loss or injury of at least $3,000

Finally, the defendant will have to make restitution payments to cover the costs of repairing the victim’s credit history or satisfying any debts or liens the defendant caused (if any).⁴

3. Defenses

The most effective way to fight NRS 205.463 charges will depend on the specific facts of the case and the available evidence. Some common defenses include the following:

1. the defendant had no criminal intent;
2. the victim gave consent; or
3. the police search was illegal

3.1. The defendant had no criminal intent

The defendant in an NRS 205.463 case needs to intend to commit an unlawful act in order to be guilty. If the defense attorney can show that the defendant’s actions were an innocent accident, then the charge should be dropped:

Example: Elena and her roommate are both 21. Before leaving for the bar, Elena rifles through a drawer and accidentally pulls out her roommate’s ID instead of her own. Not realizing her mistake, Elena uses the roommate’s ID to get into a bar and buy alcohol. In this situation, Elena would probably not face criminal charges because she had no intent to commit a crime. She obtained her roommate’s ID by accident, and Elena was old enough on her own to go into the bar and buy alcohol.

Intent can be difficult for the D.A. to prove because it goes to the defendant’s state of mind. Therefore, prosecutors are often forced to rely on “circumstantial evidence” instead of direct proof. As long as the D.A. fails to demonstrate guilt beyond a reasonable doubt, the charges should be dismissed.⁵

3.2. The victim gave the consent

It is not a crime to use another person’s identifying information with that person’s consent as long as it is for a lawful purpose.⁶ For example:

Example: Tom needs a pair of sneakers delivered quickly. Tom gets his friend’s permission to use his Amazon Prime account in order to get free two-day delivery. Tom uses his friend’s account, but he uses his own credit card to pay for the sneakers. Here, Tom did nothing criminal because his friend gave prior consent to use his account, and Tom’s actions did nothing to harm the friend or any other person.

As long as the defendant gets prior consent to use a person’s ID — and the ID is used for an otherwise legal purpose — then no crime is committed.

3.3. The police performed an illegal search

Nevada police are required to work within the bounds of the U.S. Constitution’s Fourth Amendment when searching for evidence. This includes getting a valid warrant prior to conducting a search, or having a lawful reason to forego getting a warrant prior to the search:

For example if a police officer sees a suspect in a coffee shop with another person’s ID out on the table, the police officer probably would not need a search warrant to inspect the ID because it is out in “plain view.” But the officer would be in violation of the law if the officer conducted a warrantless search of the suspect’s backpack because the backpack’s contents are not in plain view.⁷

If the defense attorney believes that the police illegally obtained any evidence, the attorney can ask the judge to disregard the evidence. The legal term for this is to file a motion to suppress. If the judge grants the motion and throws out the illegally-seized evidence, the D.A. may very well be left with too little evidence to continue prosecuting the case.

4. Deportation

The law is not clear as to whether an NRS 205.463 violation qualifies as a crime involving moral turpitude or an aggravated felony. Either way, any non-citizen facing criminal charges should retain an attorney as soon as possible to try to get the charges dismissed or reduced to an offense that is definitely non-deportable.

5. Sealing records

Defendants convicted of violating NRS 205.463 must wait at least five (5) years after the case ends before pursuing a record seal.

If the defense attorney persuades the D.A. to reduce the charge to a misdemeanor, then the waiting period becomes only one (1) year after the case ends.⁸

Note that if the D.A. agrees to dismiss the charges completely — or if the defendant gets acquitted at trial — then there is no waiting period to apply for a record seal.⁹

The record seal process takes several months and can be extremely painstaking. Learn more about getting criminal records sealed.

6. Related offenses

6.1. False impersonation (NRS 205.450)

False impersonation occurs when someone falsely represents him/herself as another living or dead person in any of the following circumstances:

• getting married
• transacting real estate
• confessing to a crime or civil judgment
• acting as bail or surety in a legal proceeding
• doing anything during a lawsuit or proceeding that jeopardizes another’s financial interests

It is a category C felony, carrying:

• one to five (1 – 5) years in prison, and
• possibly up to $10,000 in fines

6.2. Impersonation of a public officer (NRS 199.430)

Impersonation of a public officer prohibits people from holding themselves out as a public office (such as a police officer) to defraud or injure another person. It is prosecuted as a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines

6.3. Possessing false identification to establish a fake identity (NRS 205.465)

Nevada forbids people from possessing a fake ID in order pass themselves off as a fictional person. This offense is generally prosecuted as a category E felony. It carries probation and a suspended sentence. But if the defendant has two or more prior felony convictions, the court may instead impose:

• one to four (1 – 4) years in prison, and
• possibly up to $5,000 in fines

But if the defendant’s purpose was to commit forgery, online fraud, or credit/debit card fraud, then possessing a false ID becomes a category C felony. The sentence carries:

• one to five (1 – 5) years in prison, and
• possibly up to $10,000 in fines

Learn more in our article on fake ID laws.

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Legal References