Is “service dog fraud” a crime in Nevada?

Posted on September 8, 2020

Legitimate service dog. — Misrepresenting a pet as a service dog is a misdemeanor in Nevada under NRS 426.805.

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:

Whether the animal is housebroken;
Whether the owner has control over the animal;
Whether the facility can accommodate the type, size, and weight of the animal;
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.¹³And 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.

Legal References

Other states with service animal fraud laws include Alabama, Arizona, Arkansas, California (Penal Code § 365.7), Colorado, Florida, Hawaii, Idaho, Iowa, Kansas, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin. States that do not currently have assistance animal fraud laws include Alaska, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, and Vermont. Nevada’s NRS 426 contains most of the state’s service dog laws.
See ADA – Service Animals.
Same; 28 C.F.R. 36.302(9)(ii).
NRS 704.145; ADA Title II.
NRS 704.145; ADA Title III.
NRS 651.050; ADA Title III.
NRS 651.060; ADA Title II.
NRS 613.330(6); ADA Title II; 42 U.S.C. 12111; see also Clark County Sch. Dist. v. Buchanan, 112 Nev. 1146, 924 P.2d 716 (1996)(regarding a dog trainer).
See 42 U.S.C. 12111.
See 49 U.S.C. 41705.
NRS 118.105; FHEO Notice: FHEO-2013-01 issued April 25, 2013.
See notes 4 through 8; see also Nevada Disability Advocacy and Law Center (NDALC) – Service Animals.
14 C.F.R. 382.55 (a)); see Air Carrier Access Act (ACAA – 49 U.S.C. 41705).
See HUD.gov – Assistance Animals.

About the Author

Neil Shouse

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.

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