In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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Yes. NRS 426.805 makes it a Nevada misdemeanor to fraudulently misrepresent an animal as a service animal. Penalties for trying to pass off a fake service dog as real include up to $500 in fines. Currently, assistance dog fraud is only a state crime and not also a federal crime.1
Service dog fraud typically occurs when people try to take their companion pet into a facility that normally prohibits animals, such as their place of work, a grocery store, or other public place. The pet owner will falsely claim his/her animal is an assistance animal in order to gain access to the facility. And under the Americans With Disabilities Act (ADA), most pet-free facilities must accommodate assistance animals without documentation or proof that the animal is indeed a legitimate service dog.2
Note that it is not a defense to NRS 426.805 charges that the defendant is disabled. No matter the person’s disability, the act of trying to pass off an untrained dog as an assistance animal is a crime.
Law enforcement will typically issue a citation to people suspected of violating NRS 426.805. It is rare for police to arrest assistance animal fraud suspects.
NRS 426.097 defines service animals as animals that have been trained to do work or perform specific tasks for the benefit of an individual with a disability. A disability comprises a mental disability, cognitive impairment, or physical disability that substantially hinders at least one major life activity.
Examples of assistance animals include:
Assistance animals are usually dogs, but in some cases they can be miniature horses. Under the ADA, the following four factors determine whether a facility is required to accommodate assistance miniature horses:
Note that assistance animals are not required to wear service dog vests or tags.
Under both state law and federal law, the following locations must let in assistance animals even if they otherwise prohibit pets on the premises:
It depends on the situation:
Employers can require documentation saying that the animal is a fully trained service dog capable of being in the workplace and is necessary to help the disabled person / employee.9
Airlines can require documentation of the medical or therapeutic necessity of flying with the dog.10
Landlords can ask the prospective lessee if the dog is necessary to live in the rental. Landlords can also ask for documentation attesting that the prospective lessee has a disability that has functional limitations.11
Otherwise, places of business are prohibited from requiring documentation that the dog is a service dog (or a service dog in training). Nor can these facilities ask about the service dog owner’s disability or charge a fee to admit the assistance animal. All business owners can ask is if the dog is indeed a service dog, and what they are trained to do.12
No. Assistance animals do not comprise emotional support dogs or other companion animals.
However, airplane cabins are typically required to accommodate emotional support or psychiatric service animals to help with the passenger’s mental health or mental illness.13 And landlords who normally prohibit pets may have to accommodate tenants with ESAs.14
ESA owners should have a letter written by their health care provider as proof of the animal’s emotional support function.
Call our Las Vegas fraud lawyers for legal advice.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.