Nevada Revised Statute 205.460 is the state’s underage identity theft crime. It is a misdemeanor to forge an ID – or to use a forged ID – so that a person under 21 can access alcohol or a gaming establishment. Maximum penalties are six months in jail and $1,000. And selling a forged ID to a person under 21 is a gross misdemeanor, with maximum penalties of 364 days in jail and/or up to $2,000.
The full text of the statute reads as follows:
NRS 205.460. 1. Every person who counterfeits, forges, alters, erases or obliterates, or who attempts to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document, or any photocopy print, photostat, or other replica of any card, writing, paper or document which is designed for the purpose of personal identification and which bears the age of the holder or purported holder thereof, or which, although not designed for the purpose of personal identification, is commonly used, or capable of being used for the purpose of personal identification and bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document, or photocopy print, photostat or other replica thereof, be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, shall be guilty of a misdemeanor. For the purposes of this subsection, the cards, writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, include, but are not limited to, an operator’s license, chauffeur’s license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.
2. Every person who sells, lends, gives away or offers, or attempts to sell, lend, give away or offer, any counterfeited, forged, altered, erased or obliterated card, writing, paper or document, or photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, to a person under the age of 21 years, shall be guilty of a gross misdemeanor.
3. Every person under the age of 21 years who uses or attempts to use or proffers any counterfeited, forged, erased or obliterated card, writing, paper, document, or any photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when the purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document, or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.
4. In any criminal prosecution or proceeding for the suspension or revocation of any license based upon the violation of any law making it unlawful to sell, serve or furnish a person under the age of 21 years alcoholic liquor or upon violation of any law making it unlawful to allow a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, proof that the defendant licensee, or his or her agent or employee, demanded and was shown, immediately before furnishing any alcoholic liquor to a person under the age of 21 years or allowing a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, bona fide documentary evidence of the majority and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, an operator’s license for a motor vehicle, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosecution or proceeding for the suspension or revocation of any license.
Legal Analysis
NRS 205.460 makes it a misdemeanor to forge, counterfeit, or alter any form of personal ID with the intention that a person under 21 use it to either:
- buy alcohol,
- be served alcohol at a restaurant or bar,
- enter a casino, and/or
- gamble in a casino
It is also a misdemeanor for a person under 21 to use a counterfeited, forged, or altered personal ID for the above purposes. Penalties include up to six months in jail and/or up to $1,000 in fines.1
Additionally, NRS 205.460 makes it a gross misdemeanor to sell, give away or offer a forged or altered ID card to a person under 21 years old, and the ID indicates that the holder is at least 21 years old. The punishment is up to 364 days in jail and/or up to $2,000 in fines.2
Examples of personal IDs include:
- driver’s license
- passport
- birth certificate
- operator’s license
- chauffeur’s license
- fishing or hunting license
- selective service card
- organizational membership card
- certificate of discharge from the Armed Forces3
NRS 205.460 makes it a Nevada crime for an underage person to use an altered ID to buy alcohol.
Legal References
- NRS 205.460 – Preparation, transfer or use of false identification regarding person under 21 years of age; penalties; demand of proof of age as defense to certain proceedings. See also Fayer v. Vaughn, (9th Cir., 2011) 649 F.3d 1061. See also Woloson v. Sheriff, Clark County, (1977) 93 Nev. 283, 564 P.2d 603.
- Same.
- Same.