Is “service dog fraud” a crime in Nevada?

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.

1. What is a service animal?

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:

• Seeing eye dogs / guide dogs for the blind or visually-impaired
• Dogs that alert the deaf or hearing-impaired
• Dogs that sense epileptic seizures and get help
• Dogs that provide stability or pull wheelchairs for people with mobility problems
• Assistance dogs that pick up and retrieve items for people who cannot bend or who have mobility problems
• Dogs that help prevent a disabled child from wandering
• Dogs that remind people to take their medications for various medical conditions
• Therapy dogs that guide mentally ill people away during anxiety attacks
• PTSD service dogs

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:

1. Whether the animal is housebroken;
2. Whether the owner has control over the animal;
3. Whether the facility can accommodate the type, size, and weight of the animal;
4. Whether the animal will compromise the facility’s safe operation.³

Note that assistance animals are not required to wear service dog vests or tags.

2. Which facilities must accommodate service animals?

Under both state law and federal law, the following locations must let in assistance animals even if they otherwise prohibit pets on the premises:

• Public transportation⁴ and private transportation⁵, such as a private shuttle.
• Places of public accommodation.⁶ Examples include hotels, motels, restaurants, gyms, public gathering spaces, theaters, entertainment venues, and other venues that have public access.
• Public services,⁷ which include schools as well as state and local government offices.
• Workplaces.⁸

3. When is proof required that the animal is a service animal?

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

4. Are service animals the same as emotional support animals (ESAs)?

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.

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