NRS 465.083 is the Nevada law that prohibits cheating at a casino game, defined as manipulating the outcome of the game or the payments made. A first-time conviction is a category C felony, carrying 1 to 5 years in prison, restitution, and up to $10,000 in fines. But courts will drop the charges if the defendant can show there was no fraudulent intent.

NRS 465.083 states that “it is unlawful for any person, whether the person is an owner or employee of or a player in an establishment, to cheat at any gambling game.”

In this article, our Las Vegas criminal defense attorneys will answer the following key questions:

• 1. What is cheating at gambling?
• 2. Is counting cards in blackjack cheating?
• 3. What happens when a casino suspects cheating?
• 4. What are the penalties?
• 5. What are the best defenses?
• 6. When can the record be sealed?

1. What is cheating at gambling in Nevada?

Nevada’s legal definition of cheating at gambling is to “alter the elements of chance, method of selection, or criteria which determine” the results, amount of payment, or frequency of payment in a game.¹ Examples of cheating at gaming are crimping cards or using fake chips.

Example: Jim, Jack, and Joel all go to the Eldorado casino in Reno. Jim puts counterfeit coins in a slot machine. John steals a card from the blackjack deck. And Joel switches out chips in poker. They all cheated in different ways. But if caught, they all would be prosecuted for cheating at gambling.

Note that cheating is prohibited in all venues that offer legal gambling, from high-end casinos to supermarkets with slot machines near the entrance. Also note that anyone may be prosecuted for cheating at gambling, including a casino’s gaming licensees or employees.

Also, note that a defendant may be convicted of cheating even if he/she merely attempted to cheat or conspired to cheat. It does not matter whether the accused actually carried out the cheating or whether he/she personally played the gambling game.²

Example: John and Sam agree to be cheaters at poker in the Green Valley Ranch. John gives Sam money to gamble with, and Sam tries to insert stray cards into the deck. If caught, both Sam and John could be booked at the Henderson Detention Center for conspiring to cheat even though John did not physically touch the blackjack table or try to insert the cards himself.

2. Is counting cards in blackjack cheating?

No. Counting cards in blackjack is when a player mentally keeps track of the cards that are dealt. Legally, that is not cheating and therefore not illegal.

However, casino officials of a licensed gaming establishment who suspect players of counting cards are within their rights to ban  (“blacklist”) those players from gambling in that casino or even entering the premises. And these banned players face trespass (NRS 207.200) charges if they refuse to leave or re-enter the premises later on.

3. What happens when a casino suspects cheating?

A gaming establishment’s officers or employees have the legal authority to question anybody they believe may have cheated. (During this time, they will probably also review any surveillance video over or near the applicable gaming tables or slot machines.)

If the casino employees have probable cause to believe that the suspect actually did cheat, they may detain him/her “in a reasonable manner and for a reasonable length of time” until the police arrive.³ In Las Vegas, gambling cases are usually investigated by Las Vegas Metro’s Financial Crimes Unit.

4. What are the penalties?

A first offense of cheating at gambling is a category C felony, carrying:

• One to five (1 – 5) years in Nevada State Prison,
• Restitution, and
• Up to $10,000 in fines (at the judge’s discretion)

A second or subsequent violation is a category B felony, carrying:

• One to six (1 – 6) years in prison,
• Restitution, and
• Up to $10,000 in fines (at the judge’s discretion)

Meanwhile, merely attempting or conspiring to cheat at gambling is a category C felony. The punishment is the same as if there were a completed crime:

• The minimum term is 1 year in prison, and the maximum term is 5 years prison,
• Restitution, and
• Up to $10,000 in fines (at the judge’s discretion)³

5. What are the best defenses?

Three arguments a Nevada criminal defense attorney may use when fighting allegations of casino cheating are:

1. No cheating occurred. It is possible that the entire situation was just a misunderstanding and that the defendant’s actions were completely within the bounds of the game. If a criminal defense lawyer can show that nothing that occurred rose to the level of cheating – such as counting cards – the case should be dropped.
2. There was no fraudulent intent. Mistakes or accidents that change the odds or outcome of a game do not qualify as cheating. Unless the D.A. can prove the defendant intended to defraud, no crime occurred.⁴
3. Police misconduct. If the police perform an illegal search or seizure when investigating a criminal case, the defense attorney may file a motion to suppress evidence with the court. If the judge grants the motion and disregards all the evidence that was illegally obtained, the prosecution may have to drop the entire gambling cheating case for lack of proof.

6. When can the record be sealed?

A conviction for cheating at gambling in the state of Nevada can be sealed five (5) years after the case is closed. But if the charge got dismissed, then there is no waiting period to petition for a record seal.⁵

Learn how to get criminal records sealed in Nevada.

Additional Reading

See our related articles on unlawful acts re. gaming equipment (NRS 465.085) and gaming fraud (NRS 465.070), which may comprise manipulating a gaming device such as a roulette wheel to change the operation of a game, past-posting, or pinching bets.

Also see our article on sports bribery (NRS 207.290), which comprises bribing people to change the outcome of sporting events (which may affect race books and sports pools).

Finally, visit the Nevada Gaming Control Board and Nevada Gaming Commission websites for more information.

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Legal References