Counting cards is not a crime in Nevada. However, casinos that catch patrons counting cards may demand that they leave the premises and not come back. As private institutions, casinos can turn away patrons and refuse their business.
Certain types of casino cheating and fraud are illegal in Nevada. These include:
- manipulating gaming devices,
- using insider information, or
- altering a game's element of chance, a method of selection or criteria which determine the result of a game, the amount or frequency or payment in a game, the value of a wagering instrument, or the value of a wagering credit.
Casinos have the lawful authority to question gamblers about whether someone else there may have cheated. And if the casinos have probable cause to think that the suspect did cheat, they may detain them at the casino "in a reasonable manner and for a reasonable length of time" until law enforcement arrives. In Las Vegas, casino cheating cases are commonly investigated by the Las Vegas Metro Financial Crimes Unit.
Cheating at gambling or other types of gaming fraud are prosecuted as category B felonies in Nevada, which carry up to 6 years in Nevada State Prison plus fines. Typical defenses to casino cheating charges include that the casino was mistaken that any cheating occurred, that there is insufficient evidence to sustain guilt, or that the police conducted an illegal search to find evidence. Read more information on the Nevada crime of cheating at gambling.