In a city like Las Vegas built on age-restricted activities, fake IDs are one of the most common crimes. Casinos and vendors train their staff to recognize forged IDs, and they are quick to call the police on suspicious customers.
In Nevada, using a fake ID to pass as 21 so you can buy cigarettes or alcohol or gamble is a misdemeanor carrying up to six months in jail and/or $1,000. If it is your first offense, many prosecutors are willing to drop the charge in exchange for a fine.
However, using a fake ID to commit fraud such as identity theft can be a serious felony punishable by one to 10 years in Nevada State Prison and up to $10,000 in fines. In severe cases, the maximum sentence is 20 years in prison and up to $100,000 in fines.
In this article, our Nevada criminal defense attorneys will address the following key issues:
- 1. Las Vegas Fake ID Laws
- 2. Penalties
- 3. Defenses
- 4. Making Fake IDs
- 5. Examples of Fake ID Crimes
- 6. Related Offenses
- Frequently Asked Questions
- Additional Reading
1. Las Vegas Fake ID Laws
Like it sounds, a fake ID is a counterfeit or altered identification document. Common ones include a:
- Nevada driver’s license,
- State identification card,
- Passport,
- Las Vegas work card, or
- Membership card.
Nevada prohibits having or selling any form of fake personal identification for fraudulent purposes, such as:
- Purchasing beer or pot while under 21, or
- Passing yourself off as another person, or
- Gaining access to a bank account or line or credit you have no right to.
If you are caught with identification information for five or more different people, Nevada courts can presume you were using that information unlawfully.1 However, this inference is “rebuttable.” This means that courts can still acquit if you present convincing evidence of your innocence at trial.2
Las Vegas courts see several fake ID cases by people ineligible to gamble, drink, smoke, possess marijuana, go clubbing, get a tattoo, or rent a car.
2. Penalties
Fake ID punishments vary depending on the circumstances of the case.
In Nevada, possessing a fake ID to drink, gamble, or buy cigarettes is a misdemeanor carrying up to 6 months in jail and/or $1,000. However, selling or giving away a fake ID to drink, gamble, or buy cigarettes is a gross misdemeanor carrying up to 364 days in jail and/or $2,000.
Meanwhile, possessing false identification to establish a fake identity is a category E felony, though the court usually grants probation and a suspended sentence rather than Nevada State Prison.3
In addition, selling or transferring a fake ID in Nevada is a category C felony, carrying one to 10 years in prison and up to $10,000. These same penalties apply to possessing a fake ID to carry out forgery, debit or credit card fraud, or online fraud.
Finally, selling or transferring the personal identifying information of a person 60 or older, a vulnerable person, or of five or more people is a category B felony carrying one to 20 years in prison and up to $100,000. These same penalties apply to causing any person at least $3,000 in losses from selling or giving away personal identification information.4
Note that the D.A. may be willing to plea bargain the charge down to a lesser offense or possibly a dismissal. This is especially true if you have a clear criminal record.
Juvenile Defendants
Children under age 18 who get caught using or selling a fake ID will be prosecuted in juvenile court instead of adult criminal court. If the child defendant is adjudicated delinquent, the judge may impose such penalties as:
- Fines,
- Community service, and
- A driver’s license suspension.5
Note that child defendants may also face repercussions from their schools, such as suspension. Also, having a juvenile record may also disqualify the child from certain scholarships and other privileges.
Fortunately, juvenile court is geared more towards rehabilitation than punishment. As long as the child does not have a long history of unlawful behavior, it is often possible to negotiate a full case dismissal.
NRS 205.460 is the Nevada statute that makes it a crime to possess a fake ID to drink, gamble, or buy cigarettes.
3. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with fraud, including Nevada fake ID crimes. In our experience, the following two defenses have proven very effective with prosecutors, judges, and juries:
1) You Had No Intent to Defraud
Possessing a falsified identification card is legal if it is not used for fraudulent purposes.6 We had clients who created a fake ID for artistic purposes or who bought them as a gag gift, which is no crime because there is no criminal intent.
We find that “lack of intent” is a powerful defense because there is no way for prosecutors to prove what is going on inside your head definitively. Therefore, the D.A. often has trouble proving guilt beyond a reasonable doubt.
2) The Police Committed Misconduct
In every case, we conduct a thorough investigation to uncover every instance of the police cutting corners, forgetting a required procedural step, or outright denying our clients due process (such as by conducting an unlawful search).
Then we present this information to the prosecutors, who may agree to reduce or even dismiss the charge since they know we may beat them at trial based on faulty police work.
When No Defense Applies
Even if there is no strong defense strategy in your particular fake ID case, Nevada prosecutors are often willing to lessen or even drop the charges in exchange for you completing various probation terms, such as paying a fine or performing community service. This is especially true if this is your first offense.
Fake ID crimes may be deportable.
4. Making Fake IDs
Law enforcement uses the term “breeder document” to signify an authentic-looking fake ID.
You can often create and obtain a breeder document thanks to sophisticated computer software and color printers. You can find templates for real “specimen” IDs from the very books and “novelty ID” websites meant to help merchants distinguish between fake and authentic IDs.
Would-be forgers often turn to the black market to find materials for making fake IDs, such as “blanks” (laminates with a hologram that typically encase driver’s licenses). To get these materials, would-be forgers may also try to bribe employees at the:
- Nevada DMV,
- Military bases,
- United States Post Office, or
- Banks.
Some IDs are obviously fake. Clear tells are when the person’s height does not match the height on the ID or if the person looks too young for the birthday on the ID.
However, many merchants do not have the skills to detect a fake card, or they neglect to do the math to determine whether the ID-holder is old enough.7
NRS 205.465 is the Nevada statute that makes it a crime to sell or transfer a fake ID.
5. Examples of Fake ID Crimes
Typical scenarios that would violate Nevada fake ID law are:
- Using a doctored driver’s license that falsely claims you are 21 years old in order to rent a car or buy marijuana;
- Using a doctored driver’s license that falsely claims you are old enough to meet a tattoo or body piercing parlor’s minimum age for service (which is usually 18);
- Using fake naturalization papers to get employment or other benefits that only legal immigrants are eligible for;
- Using a fake ID to get an independent contractor job, where taxes are not taken out of the paycheck;
- Using a fake ID to become a member of – or to claim to be a member of – an organization such as AARP or AAA;
- Using a fake military ID to obtain veteran benefits; or
- Using a counterfeit bank card to obtain money.
6. Related Offenses
- Counterfeiting seals – faking official seals or using genuine seals without permission.
- False impersonation – falsely representing or impersonating someone else in a way that could potentially cause that person to suffer harm or incur liability.
- Illegal use of personal identifying information – using another person’s ID to break the law.
- Credit card fraud – intentionally misusing a card or card information to defraud another person or business.
- Federal identity theft – using another person’s identifying information in order to harm that person or obtain something of value to which you are not entitled.
Also see also our article Consequences of fake driver’s licenses.
Frequently Asked Questions
What happens if I get caught with a fake ID just trying to gamble or drink in Las Vegas?
If you are caught using a fake ID to gamble, drink, or buy cigarettes in Nevada, it is a misdemeanor carrying up to six months in jail and/or $1,000 in fines. However, if it is your first offense, many prosecutors will drop the charge in exchange for just paying a fine.
Can I get in more serious trouble for having a fake ID than just a misdemeanor?
Yes, the penalties depend on how you use the fake ID. Using it for identity theft or fraud can be a serious felony with one to 10 years in prison and up to $10,000 in fines. In severe cases, you could face up to 20 years in prison and $100,000 in fines. Simply having one to drink or gamble is just a misdemeanor.
What are some legal defenses if I’m charged with a fake ID crime?
Two common defenses are: 1) You had no intent to defraud (for example, you had it for artistic purposes or as a gag gift), and 2) Police misconduct occurred during your arrest or the investigation. Prosecutors must prove you intended to use the ID fraudulently, which can be difficult to prove beyond a reasonable doubt.
Will having a fake ID affect my immigration status?
Yes, fake ID crimes may be deportable offenses. If you are not a U.S. citizen, a fake ID conviction could potentially lead to deportation proceedings, so it’s especially important to fight these charges with an experienced attorney.
Additional Reading
For more information about Identity Theft Laws in Nevada and elsewhere, refer to the following:
- Nevada Identity Theft Program – A state program to assist ID theft victims in restoring credit and avoiding criminal charges.
- Identity Theft Laws in Nevada – An overview of state laws by the Nevada Attorney General.
- Identifying Fake Drivers Licenses – Helpful article by the U.S. Department of Justice.
Legal References:
- NRS 205.460. NRS 205.465. See also: Woloson v. Sheriff, Clark County (1977) 93 Nev. 283; Fayer v. Vaughn, (9th Cir, 2011) 649 F.3d 1061; Woloson v. Sheriff, Clark County (1977) 93 Nev. 283.
- Fake IDs can be tough to identify, Las Vegas Sun (Feb. 3, 2001).
- NRS 205.460.
- NRS 205.465.
- NRS 62A–H.
- NRS 205.465; Woloson v. Sheriff, Clark County (1977) 93 Nev. 283 (“[NRS 205.465] prohibits only the sale, transfer or possession of a document for the purpose of establishing a false identity. The word “purpose” denotes a willful intent just as the word “false” denotes an unlawful application.”).
- Fake IDs can be tough to identify, Las Vegas Sun (Feb. 3, 2001).