Nevada Identity Theft – Laws and FAQs

According to Nevada law, identity theft is a criminal act and it is prohibited that someone use a false identity, whether to harm someone or obtain something of monetary value in someone else’s name. All instances of identity theft are illegal, whether or not the defendant is caught and even if the victim does not suffer losses from the behavior. Some of the most common identity theft crimes include:

• NRS 205.450
  • False impersonation of someone else
• NRS 205.460 & NRS 205.465
  • Use of a fake ID
• NRS 205.463
  • Use of someone else’s personal, identifiable information

Depending on the defendant’s actions and severity of the case, identity theft charges may result in a misdemeanor, only carrying fines, or may be charged as a felony.

What is identity theft?

Identity theft is the act of using someone else’s identifying information to commit fraud by obtaining money or property. Other common examples of identity theft include:

• Applying for, and receiving, a credit card in someone else’s identifying information
• Purchases using someone else’s payment method
• Applying for, and obtaining, a loan for a home, vehicle or other private property purchases in someone else’s likeness
• Receiving government benefits by using someone else’s identifying information

Types of personal, identifying information often used for the above criminal acts include:

• Using the full name, address, date of birth and/or current employment information of someone else
• Falsely using a driver’s license number
• Stealing and using a victim’s Social Security number
• Stealing and using a victim’s bank account numbers
• Hacking someone’s internet accounts, changing information or falsely running accounts in a victim’s identity

How serious are penalties for those charged with identity theft?

Charges for defendants convicted of identity theft may range from a misdemeanor, only carrying fines, to a felony resulting in prison time. The type of charge is determined based on the severity of one’s criminal acts in an identity theft case. Specifications for some common charges in Nevada are shown below, based on the identity theft conviction.

• False impersonation (NRS 205.450)
  • A category C felony resulting in up to $10,000 in fines and 1 to 5 years in prison.
• Fake ID possession for drinking, gambling or purchase of cigarettes (NRS 205.460)
  • A misdemeanor carrying charges of up to $1,000 in fines, and/or up to 6 months in jail.
• Fake ID selling or gifting for drinking, gambling or purchase of cigarettes (NRS 205.460)
  • A gross misdemeanor carrying charges of up to $2,000 in fines, and/or 364 days in jail.
• Establishing a fake identity through possession of false identification (NRS 205.465)
  • A category E felony resulting in a suspended sentence and probation, possibly including jail time up to 1 year. For multiple felony offenses, the defendant may be charged with up to $5,000 in fines and 1 to 4 years in prison.
• Possession of a fake ID for forgery, credit or debit card fraud or online fraud (NRS 205.465)
  • A category C felony resulting in up to $10,000 in fines and 1 to 5 years in prison.

Can my record be sealed if I was convicted of identity theft charges?

Your record may be sealed, but the waiting period depends on your convicted charges.

• Misdemeanor – 1 year after the case is closed
• Gross misdemeanor – 2 years after the case is closed
• Category E felony – 2 years after the case is closed
• Category D felony – 5 years after the case is closed
• Category C felony – 5 years after the case is closed
• Category B felony – 5 years after the case is closed

I was a victim of identity theft. What should I do?

If you are a victim of identity theft, it is always wise to have a knowledgeable and experienced legal team on your side, who understands the complexity of your circumstances. In the meantime, we recommend that you monitor and review your bank statements and credit reports for suspicious and unauthorized activity, file a report with your local police department, file a report with the Federal Trade Commission (FTC), enable fraud alerts on your credit and debit accounts, and freeze any accounts that are experiencing suspicious or unusual activity.

Whether you have committed identity theft crimes or are the victim of such activity, The Defenders is here to help you. We understand that identity theft crimes are severe and can affect your ability to obtain employment and other rights, especially if convicted.