Nevada identity theft laws make it a crime to use of another person’s identifying information in order to (a) harm that person or (b) obtain something of value to which you are not entitled. The most serious cases are prosecuted as category B felonies, punishable by 1 to 20 years in prison, fines of up to $100,000, and restitution to the victim.

Three of the most frequently prosecuted ID theft crimes are

1. Fake IDs (NRS 205.460 & NRS 205.465),
2. Using Another Person’s Identifying Information (NRS 205.463), and
3. False impersonation (NRS 205.450).

Identity theft is illegal even if no one suffers any harm or losses. Depending on the case,

• The charge can be a misdemeanor carrying only fines.
• Or it can be a felony carrying Nevada State Prison.
• Defendants may also have to pay restitution payments to the victims.

It may be possible to get ID theft charges reduced to a lesser offense or dropped through a plea bargain. Two common defenses are:

1. The defendant had no intent to commit a crime, or
2. That the police discovered its evidence through an illegal search.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. What is identity theft in Las Vegas?
• 2. What are the penalties?
• 3. How do I fight the charges?
• 4. What happens to immigrants?
• 5. Can the record be sealed?
• 6. Related offenses
• 7. What if I was the victim of identity theft?

1. What is identity theft in Las Vegas?

Nevada’s legal definition of ID theft is willfully using a false identity or another person’s identifying information. And it is done in a way that wrongs the other person and/or breaks the law.

Using fake IDs (NRS 205.460 & NRS 205.465)

State law prohibits having or selling any form of personal identification to pass oneself off as someone he/she is not.

Five common examples of Las Vegas fake ID crimes include:

1. An underage person using a falsified driver’s license. And it indicates he/she is old enough to buy alcohol or marijuana;
2. An illegal alien having fake naturalization papers. And he/she uses it to get a job only legal aliens are eligible for;
3. A civilian using a fake military ID to get government veteran benefits;
4. A young person using a fake ID to become a member of an organization he/she is not eligible for, such as AARP; or
5. Selling or transferring fake IDs to other people

Courts presume that you had the intent to commit ID theft if you possessed the identifying information of at least five different people. However, you have the opportunity to “rebut” this presumption if the case goes to trial.

Misusing another person’s identifying information (NRS 205.463)

It is against state law to use another person’s identifying information to either:

• Harm the other person;
• Obtain access to more personal information without that person’s consent;
• Obtain the other person’s nonpublic records — such as communications or transactions — without that person’s consent; or
• Commit any other crime – such as obtaining credit or anything of value in the other person’s name

It is also an NRS 205.463 violation to use another person’s ID in an attempt to avoid or delay being prosecuted.

Note that a victim’s “identifying information” comprises any kind of personal data unique to that person’s identity. Common examples include:

1. Current or former name or mother’s maiden name,
2. Driver’s license number or passport number,
3. Social security number, Medicaid account number, or SNAP number,
4. Bank or credit card number (and PINs),
5. Date of birth,
6. Biometric information (such as fingerprints, facial scan identifiers, voiceprint, retina image, and iris image),
7. Electronic signature,
8. Email, phone number, or internet passwords,
9. Professional license number, and
10. Utility account numbers¹

One of the most common forms of this crime is using another person’s payment methods to make purchases.

False impersonation (NRS 205.450)

False impersonation occurs when someone falsely represents him/herself as another person while either:

• Getting married;
• Transacting a real estate deal;
• Confessing to a criminal offense or civil judgment;
• Acting as bail or surety in any legal proceeding; or
• Carrying out any other action in the course of a lawsuit or proceeding that compromises another’s monetary interests

NRS 205.450 applies only to impersonating an actual person. Not a fictional one.

2. What are the penalties?

The most serious forms of identity theft under Nevada law are prosecuted as category B felonies, with penalties of

• one to 20 years in prison,
• restitution to the victim(s) for any loss of money or real or private property, and
• possibly a fine of up to $100,000.

The minimum prison sentence increases to three years if the victim was at least 60 years old or was a “vulnerable person” (suffering from a mental or physical limitation).

Otherwise, the penalties for ID theft in Las Vegas and throughout Nevada depend on the specific actions the defendant was convicted of. In addition to the penalties listed below, the court may also order restitution payments to the victim (if any).²

Las Vegas “identity theft” offense	Sentence
Possession of a fake ID to drink, gamble, or buy cigarettes (NRS 205.460)	Misdemeanor: Up to 6 months in jail, and/or Up to $1,000 in fines
Selling or giving away a fake ID to drink, gamble, or buy cigarettes (NRS 205.460)	Gross misdemeanor: Up to 364 days in jail, and/or Up to $2,000 in fines
Possessing false identification to establish a fake identity (NRS 205.465)	Category E felony Probation and a suspended sentence, with a possible jail sentence of up to 1 year. But if the defendant has two or more prior felony convictions, the court may order: 1 – 4 years in prison, and Up to $5,000 in fines (at the judge’s discretion)
Selling or transferring a fake ID (NRS 205.465) or Possessing a fake ID to carry out forgery, debit card fraud, credit card fraud, or online fraud (NRS 205.465) or Knowingly using another’s ID to avoid prosecution for an unlawful act (NRS 205.463) or False impersonation (NRS 205.450)	Category C felony: 1 – 5 years in prison, and Up to $10,000 in fines (at the judge’s discretion)
Knowingly obtaining another’s ID with the intent to break the law and use it to break the law (NRS 205.463) or Selling or transferring the personal identifying information of a person 60 or older, a vulnerable person, or of five (5) or more people (NRS 205.465) or Causing another person to suffer a financial loss or injury of $3,000 or more as a result of selling or giving away personal identification information (NRS 205.465)	Category B felony: 1 – 20 years in prison, and Up to $100,000 in fines (at the judge’s discretion) The minimum prison sentence for NRS 205.263 violations increases to 3 years if either: The victim is at least 60 years old or disabled, The defendant used the IDs of at least 5 people, The victim lost at least $3,000, or The defendant was avoiding prosecution for a category A felony or a category B felony

In federal court, identity theft is usually prosecuted under the Identity Theft and Assumption Deterrence Act of 1998. Possible sentences under federal law upon conviction carry up to 15 years in prison as well as $250,000 in fines. Learn more at the Federal Trade Commission (FTC) website.

Note that any felony offense strips you of your gun rights in Nevada, even though ID theft is not a violent crime. The only way to restore your gun rights is through a Nevada pardon.

3. How do I fight the charges?

The most common defense to Las Vegas identity theft allegations is that the defendant did not act knowingly or intend to break the law. Accidental incidents of ID theft are no crime in Nevada:

Example: Jenine shares a computer with her roommate Kelly in Las Vegas. They both have Amazon accounts. One day Jenine logs into Amazon. The browser used Kelly’s saved password information to log in to Kelly’s account. Jenine does not realize this. Jenine then buys a thousand dollars worth of clothes. Kelly then calls the Las Vegas Metropolitan Police Department (LVMPD).

Jenine genuinely thought she was using her own account. Therefore, Jenine did not commit identity theft, and the Nevada Attorney General should not bring charges. She had no criminal intent. But Kelly as a victim of identity theft could sue Jenine in civil court. And Jenine would have to reimburse Kelly.

Another common defense to ID theft accusations is that the police committed an unlawful search and seizure. Law enforcement is supposed to follow the Fourth Amendment while obtaining evidence of a crime, including evidence such as

• credit reports and
• bank accounts.

If they faltered, the defendant can ask the court to suppress the unlawfully-obtained evidence.

If the court agrees to disregard the unlawfully-obtained evidence, then the D.A. may be left with too little proof to continue prosecuting the case. The D.A. may then offer a favorable plea bargain or dismiss the case altogether.

4. What happens to immigrants?

Courts differ on whether ID theft is deportable.³ Non-U.S. citizens facing criminal charges should hire experienced counsel. An attorney may be able to get the case dismissed. Or else reduced to a non-deportable offense.

5. Can the record be sealed?

Yes, but there is a waiting period to seal convictions. The wait depends on the specific crime.⁴

Las Vegas ID theft conviction	Record seal wait-time
Category B felony	5 years after the case ends
Category C felony	5 years after the case ends
Category D felony	5 years after the case ends
Category E felony	2 years after the case ends
Gross misdemeanor	2 years after the case ends
Misdemeanor	1 year after the case ends

There is no waiting period to get a record seal if the case gets dismissed.⁵

It is imperative you get your record sealed as soon as it is possible. Having an ID conviction on your record will hurt your employment prospects. Learn more about how to seal Nevada criminal records.

6. Related offenses

Credit card fraud

Credit card fraud (NRS 205.760) is misusing or stealing credit card information to others’ detriment. An example is using someone’s credit card without permission. Another is lying on a credit card application.

Credit card fraud is typically prosecuted as a category D felony. It carries:

• 1 – 4 years in prison, and
• up to $5,000 in fines (at the court’s discretion), and
• restitution (if applicable)

Counterfeiting Seals

Counterfeiting official seals is typically a category D felony. So is using authentic seals without permission. It carries:

• 1 – 4 years in prison, and
• up to $5,000 in fines (at the court’s discretion)

Learn more about the counterfeiting seals (NRS 205.175).

Forgery

Forgery (NRS 205.090) is defrauding others with falsified documents. It is a category D felony. It carries:

• 1 – 4 years in prison, and
• up to $5,000 in fines (at the court’s discretion), and
• restitution (if applicable)

7. What if I was the victim of identity theft?

Five things ID theft victims in Nevada should do include:

1. Review your credit report and bank statements for unauthorized activity.
2. File a report with the FTC (Federal Trade Commission).
3. File a report with the local police. (For Las Vegas, file a report here. For North Las Vegas, file a report here.)
4. Place a fraud alert on your credit reports.
5. Freeze your credit.

Credit Reporting Agencies:

• Equifax
• Transunion
• Experian

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Legal References