Fake ID Laws in Nevada: Definition, Penalties, and Consequences (NRS 205.460 – 205.465)
Fake IDs can either have completely made-up information or can sometimes use an older person’s information while featuring a photo of a different person. This second option was more common and simpler to accomplish before the use of computers and the internet.
Besides being a teenager and trying to do adult things people get fake IDs for a variety of reasons including fake documents to get a job if you are an illegal alien, or using fake IDs to obtain bank cards to get money fraudulently.
Selling fake IDs may not be perceived as a harmful crime, but it can have negative consequences and involves illegal activities.
Fake ID’s have been used to violate many laws, one of which is voter fraud.
If you or someone you know is charged with possessing fake IDs, whether an adult or a minor, contact The Defenders. Our experienced criminal defense attorneys understand Nevada’s fake ID laws and have the resources to help you with your case.
What Is Considered a Fake ID in Nevada
A fake ID is a completely fake form of identification or a real ID that has been altered in some way. This includes:
- A Nevada Driver’s license
- A US or any other passport
- A Las Vegas Work card , a heath or TAM card to work in casinos
- Membership Card
It is also illegal to have or sell any form of personal information that is fake.
Reasons People Get Fake IDs
Some typical reasons people get fake IDs are:
- Using an altered driver’s license to be 21 to buy liquor, gamble, rent a car or buy legal marijuana
- Using a fake ID to get tattooed or get a body piercing. The minimum age of service at a tattoo studio or piercing parlor is usually 18.
- Using fake naturalization papers to gain employment as an illegal alien
- Using a fake ID to get an independent contractor job where taxes are not automatically taken out of your paycheck
- Using a fake ID to become a member of a organization
- Using a fake military ID to obtain military or veterans benefits
- Using a counterfeit bank card to obtain funds
- Selling or distributing fake ID to other people
It is also illegal to have five or more identification information on your person.
If you are caught with 5 or more IDs the courts presume that you are using the information for illegal purposes.
You will not automatically be convicted if you have these IDs on you, but you will need to present convincing evidence of your innocence.
Making and Identifying Fake IDs
Many IDs look authentic and are referred to as “breeder documents” to signify that they are really fake IDs that look real to the average person.
Computer software may have changed the making and using of fake IDs but it can also get a forger access to templates for specimen ID’s and novelty ID websites that are used to distinguish between fake and real IDs.
Would be fake ID forgers can turn to the black market or the black market web to obtain the tools needed to make fake IDs, this includes blank or laminates with the hologram that encases a driver’s license.
To get some materials, a forger might even bribe an employee of the Nevada DMV, Military Base, US post office or a bank.
Some IDs are noticeably fake with the information not matching the person on the ID.
For example, a person’s height or eye color might be off just enough to notice.
But most people and merchants do not have the skills to detect a fake ID unless it’s very obvious.
What Are the Penalties?
The punishment for violating the Nevada fake ID law depends on a few things:
- Whether you tried to sell a fake ID
- Your purpose for having a fake ID
The prosecutor may be able to plead the fake ID charge down to a lesser offense or your defense attorney might be able to get the case dismissed altogether.
Punishments for Possessing a Fake IDs
- Possessing false ID to make someone old enough to gamble, buy alcohol or cigarettes: up to six months in jail and up to a $1000 fine
- Possessing a fake ID to establish a fake identity: a class E felony, probation and a suspended sentence. If you have prior felony convictions, the punishments will be incarceration of up to 1-4 years in prison and up to $5000 fine
- Possessing a fake ID to commit forgery, credit card fraud or online fraud: A category C felony with 1-10 years in prison and up to a $10,000 fine
Punishments for Selling or Transferring Fake IDs
- Selling or Transferring Fake IDs: Selling or giving a fake ID to another person for the purposes of making them appear to be 21 or older to buy cigarettes, gamble, or purchase alcohol is punishable by up to 364 days in jail and a $2,000 fine.
- Selling or Transferring Identification Information for False Identity: Selling or transferring identification information to someone with the intent of establishing a false identity is considered a Category C felony that carries a sentence of 1-10 years in prison and up to a $10,000 fine.
- Selling or Transferring Personal Identifying Information of a Person 60 Years or Older or Vulnerable: Selling or transferring the personal identifying information of a person who is 60 years or older or has a mental or physical disability that makes them vulnerable is a Category B felony. This offense carries a sentence of 1-20 years in prison and up to a $100,000 fine.
- Selling or Transferring More than 5 Items of Identifying Personal Information: Selling or transferring more than five items of identifying personal information is a Category B felony that carries a sentence of 1-20 years in prison and up to a $100,000 fine.
- Causing Financial Loss of $3000 or More through Identity Theft: Causing another person to suffer a financial loss of $3,000 or more as a result of selling or giving away their personal information, leading to identity theft, is considered a Category B felony. This offense carries a sentence of 1-20 years in prison and up to a $100,000 fine.
Juvenile Fake ID Penalties
Since a lot of fake IDs are made and sold to make someone older or the age of 21 to obtain cigarettes and alcohol and gamble in Nevada, fake IDs are often sold by younger people within their peer group.
If you are under the age of 18 and caught selling fake IDs you will most likely be prosecuted in the juvenile court system instead of adult court.
The penalties in the juvenile court can be things like fines, community service and a driver’s license suspension.
Children who are convicted of selling or using fake IDs may face other issues like suspension from schools or disqualifying a student from scholarships and even college rejection as a result of being convicted of a crime as a minor.
How Do I Fight the Charges
Your defense lawyer will use a few defenses to defend you against the fake ID charges, the most common are
- No intent to defraud: Possessing a false ID in and of itself is not a crime as long as it is not used for fraudulent purposes. Making a fake ID for artistic purposes or as a gag gift is not a crime. If you use that fake ID to defraud a business or person is when it becomes a criminal act.
- Police misconduct: sometimes the police get overzealous and perform illegal searches without probable cause or going beyond what the search warrant bounds. Even if you have broken the law, if the police violated your constitutional rights, then any evidence they collected during an illegal search, determined by a judge, all the evidence in that search will be inadmissible.
If you have been charged with possessing or selling fake IDs, these are very serious charges that could send you to jail. Hiring a good defense team to aggressively fight the charges is the only way to protect your future.
Your defense team will investigate your case to determine what happened and if there has been any police misconduct or even if there is enough evidence to prosecute you.
At The Defenders, our legal experts have years of experience defending clients with all kinds of charges including Fake IDs, identity theft, fraud and many other crimes.
We offer solutions to the criminal charges against you and will use all the tools available to get the charges dismissed or reduced.
We will keep you up to speed on all developments of your case and take it to trial if necessary.
Call The Defenders today and let us evaluate your case to help you fight the charges against you.
Frequently Asked Questions
What is the legal definition of a fake ID in Nevada?
A fake ID is defined as any form of identification that has been altered, reproduced, or counterfeited with the intent to deceive or defraud. It includes driver’s licenses, passports, and other forms of identification.
Is possession of a fake ID considered fraud?
Yes, possessing a false ID can be considered fraud if it is used to gain access to services or goods that would otherwise be denied. It can also be used to commit identity theft or credit card fraud.
What happens if you get caught with a fake ID?
If you are caught with a fake ID in the state of Nevada, you may face criminal charges. Depending on the circumstances, these could include misdemeanor or felony charges and could result in jail time, fines, and other penalties.
How can I fight fake ID charges if I’m under 18 years old?
If you are under the age of 18 and charged with selling or using a fake ID, you may be prosecuted in the juvenile court system instead of adult court. In this case, your defense attorney may be able to negotiate a sentence that includes fines, community service, and driver’s license suspension.
If my constitutional rights were violated, can I get the case dismissed?
Yes. If your constitutional rights have been violated by the police in any way (illegal search or seizure), then any evidence they collected during that illegal search will be inadmissible. Your defense team can use this as a defense and may be able to get the case dismissed.
What kind of penalties could someone face for selling or transferring fake IDs?
Selling or transferring fake IDs is a serious offense that carries severe consequences. Depending on the severity, it can be charged as either a misdemeanor or felony with sentences ranging from up to 6 months in jail and/or a $1,000 fine for misdemeanors or up to 20 years in prison and/or a $100,000 fine for felonies.