Counterfeiting official seals — or using genuine seals without permission — is a type of forgery in Nevada under NRS 205.175. Most types of seal forgery are prosecuted as a category D felony, carrying:

• 1 – 4 years in Nevada State Prison, and
• up to $5,000 in fines (at the judge’s discretion)

Meanwhile, making or selling a counterfeit police badge is a gross misdemeanor, carrying:

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

However, it may be possible to get these charges reduced or dismissed through a plea bargain. Potential defenses to NRS 205.175 allegations include:

• The seal was not a counterfeit;
• The defendant had no fraudulent intent; or
• The defendant had official permission to use the seal

In this article, our Las Vegas criminal defense attorneys discuss the Nevada crime of counterfeiting seals. Click on a topic to jump to that section:

• 1. Legal definition
• 2. Penalties
• 3. Defenses
• 4. Deportation
• 5. Record seals
• 6. Related offenses

1. Legal definition

It is against Nevada law to use a fraudulent official seal without authorization. Specifically, NRS 205.175 prohibits the following five actions:

1. Forging or counterfeiting the signature of any public officer or the seal of any corporation;
2. Unlawfully affixing a true seal to any legal document or other writing, and done with evil intent;
3. Possessing and willfully concealing a counterfeit seal while knowing it to be a counterfeit;
4. Manufacturing or knowingly selling or possessing a counterfeit badge (or identification) of any law enforcement agency; or
5. Fraudulently forging or counterfeiting and using either:

• • the Nevada state seal,
  • the seal of any court or public officer, or
  • the seal of any corporation

In short, it is illegal to make a fake seal, use a fake seal, or to put a real seal on a document without permission. NRS 205.175 also prohibits forging the signature of a “public officer,” which comprises any elected or appointed government official.¹

2. Penalties

An NRS 205.175 violation is typically punished as a class D felony, carrying:

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

However, the following three NRS 205.175 violations are instead punished as only a gross misdemeanor:

1. manufacturing a counterfeit badge or identification of any law enforcement agency,
2. knowingly selling a counterfeit badge or identification of any law enforcement agency,
3. knowingly possessing a counterfeit badge or identification of any law enforcement agency

A gross misdemeanor carries up to 364 days in jail and/or up to $2,000 in fines.²

However, the defense attorney and prosecutor may agree to a plea deal where the charges get reduced or possibly dismissed.

3. Defenses

NRS 205.175 is an extremely broad offense, so the best defense strategies hinge on the unique facts of each case. Common arguments to fight forgery charges may include:

1. The seal or signature was not a counterfeit;
2. The defendant did not have fraudulent intent; or
3. The defendant had official permission to use the seal

In every criminal case, prosecutors have the burden to prove guilt beyond a reasonable doubt. So a defense attorney’s job is to comb through the evidence and find new evidence to raise that reasonable doubt.

If the defense attorney can convince the prosecutor that the state has insufficient evidence to sustain a guilty verdict, the prosecutor may agree to a favorable plea deal or a full dismissal.

4. Deportation

An immigration judge could consider an NRS 205.175 violation to be a crime involving moral turpitude because it requires fraudulent intent.³ Therefore, non-U.S. citizens who face forgery charges should retain an attorney to try to have the case dismissed or reduced to a lesser offense that is not deportable.

5. Record seals

People convicted of a category D felony must wait five (5) years after the case ends before asking the court to seal the case. But the waiting period is only two (2) years if the conviction was for a gross misdemeanor.⁴

Note that there is no waiting period to pursue a record seal if the defendant was acquitted at trial or if the prosecutor dismissed the case.⁵

6. Related offenses

6.1. Nevada fake ID crimes (NRS 205.460 – 205.465)

The sentence for fake ID crimes turns on the circumstances of the case:

6.2. False impersonation (NRS 205.450)

False impersonation occurs when a person falsely represents him/herself as someone else when either:

• getting married,
• conducting a real estate transaction,
• confessing to a crime or civil judgment,
• acting as bail or surety in a legal proceeding, or
• conducting any other act in the course of a lawsuit or proceeding that jeopardizes another person’s financial interests

False impersonation is a category C felony, carrying:

• 1 – 5 years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

In addition, the defendant must pay the victim restitution (if applicable).

6.3. Forgery (NRS 205.090)

Forgery occurs when someone intentionally attempts to defraud another via falsified documents. As with counterfeiting seals, the sentence is:

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

In addition, the defendant must pay the victim restitution (if applicable).

Call a Nevada criminal defense attorney…

If you are facing criminal charges in Nevada, please call our Las Vegas criminal defense attorneys for a consultation. Our mission is to do everything possible to fight for a charge reduction or acquittal. And if necessary, our experienced courtroom attorneys will take your case all the way to trial and advocate zealously for a “not guilty” verdict. Meanwhile, we are here to hold your hand through the entire process so you remain informed, empowered, and confident that you are receiving the best representation available.

Arrested in California? See our article on the Penal Code 472 PC.

Arrested in Colorado? See our article on Colorado forgery laws.

Legal References