Fake Identification Laws in Nevada (NRS 205.460 – 205.465)

Nevada law makes it a crime to possess or sell fake Identification cards or documents. In Las Vegas, common fake ID cases involve minors using sham driver’s licenses to purchase alcohol or undocumented citizens using counterfeit green cards to gain employment. The offense can be charged as a felony or a misdemeanor.

Penalties

Fake ID punishments vary depending on the circumstances of the case:

Defenses

The two main defense strategies for fake ID charges include showing that:

1. the defendant had no fraudulent intent, and / or
2. the police found the fake ID through an illegal search.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. What are fake IDs in Nevada?
• 2. What are the penalties?
• 3. How do I fight the charges?
• 4. Can I get a record seal?
• 5. Will I get deported for a fake ID conviction?
• 6. Related offenses

1. What are fake IDs in Nevada?

Like it sounds, a fake ID is a counterfeit or altered identification document, such as a Nevada driver’s license, passport, Las Vegas work card, or membership card.

It is illegal for someone to have or sell any form of personal identification in order to pass him/herself or someone he/she is not. Typical scenarios that would violate Nevada fake ID law (as well as possibly other Nevada fraud laws) are:

• An underage person using a doctored driver’s license that claims he/she is 21 years old in order to buy alcohol, gamble, rent a car, or buy marijuana;
• An underage person using a doctored driver’s license that claims he/she is old enough to meet a tattoo or body piercing parlor’s minimum age for service (which is usually 18);
• An undocumented alien using fake naturalization papers in order to get employment or other benefits that only legal immigrants are eligible for;
• A person using a fake ID to get an independent contractor job, where taxes are not taken out of the paycheck;
• A person using a fake ID to become a member of — or claim he/she is a member of — an organization such as AARP or AAA;
• A person using a fake military ID to obtain veteran benefits;
• A thief using a counterfeit bank card in order to obtain money; or
• A person selling or distributing fake IDs to other people

Nevada courts may infer that defendants caught with identification information for five (5) or more different people are using that information to violate the law.  However, this inference is “rebuttable.” This means that courts can still acquit defendants of violating NRS 205.465 if they present convincing evidence of their innocence at trial.¹

1.1. Making and identifying fake IDs

Law enforcement uses the term “breeder document” to signify an authentic-looking fake ID. People can often create and obtain a breeder document thanks to sophisticated computer software and color printers. People 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 can 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). And/or they may try to bribe employees at the Nevada DMV, military bases, the United States Post Office, or banks to get these materials.

Some IDs are obviously fake. For instance, the person’s height does not match the height on the ID. Or the person looks too young for the birthday on the ID. But many merchants simply 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.²

2. What are the penalties?

The punishment for violating Nevada fake ID laws depends on two variables:

1. whether the defendant tried to sell the fake ID, and
2. the defendant’s purpose in having the fake ID

Note that the D.A. may be willing to plea bargain the charge down to a lesser offense or possibly a dismissal.

2.1. Punishments for possessing fake IDs

2.2. Punishments for selling or transferring fake IDs

2.1. Juvenile fake ID penalties

Children under age 18 who get caught using or selling a fake ID will probably 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.⁷

Note that child defendants may also face repercussions from their schools, such as suspension. And having a juvenile record may also disqualify the child from certain scholarships and other privileges.

Learn more about Nevada juvenile crimes.

3. How do I fight the charges?

Various defenses exist which a defense attorney may use to fight a Nevada fake ID charge. The following are two of the most common.

1. No intent to defraud
2. Police misconduct

Note that prosecutors have the burden to prove guilt beyond a reasonable doubt before a defendant may be convicted at trial. The defense attorney’s job is to try to show the prosecutor that their evidence is too insufficient, inaccurate, or unreliable to sustain a guilty verdict. If the prosecutor realizes its case is too weak, the prosecutor may agree to reduce the charge or even dismiss it.

3.1. No intent to defraud

Possessing a falsified identification card in and of itself is no crime as long as it is not used for fraudulent purposes.⁸Henderson criminal defense attorney Michael Becker gives an example:

Example: Kay is given graphics software and a printer for her 16th birthday. She decides to design a driver’s license to see how well the software and printer work. She shows the fake license to a friend, whose dad see and tells the police. But Kay committed no crime because she did not possess the ID for the purpose of establishing a false identity. And since there is no evidence that Kay used the ID for fraudulent purposes, the case should be dismissed.

In sum, fake IDs become the basis of criminal charges only if the intention behind them is to defraud others. Merely making a fake ID for artistic purposes or for a gag gift is not a crime.

3.2. Police misconduct

Sometimes the police perform an illegal search in Nevada without establishing probable cause or by going beyond the bounds of a search warrant. Mesquite criminal defense attorney Neil Shouse provides an illustration:

Example: Officer Holmes gets a tip that William creates fake driver’s licenses. Officer Holmes breaks into his home and finds several false licenses and license-making materials. After William gets arrested, his defense attorney files a motion to suppress, where the attorney argues that the police search was unconstitutional because Officer Holmes did not get a search warrant first. If the judge agrees that Officer Holmes needed a search warrant, then the judge can exclude all the evidence the officer found through the illegal search. This may severely weaken the state’s case and could even cause them to drop the charges.

William in the above example may have broken the law, but Officer Holmes may have violated the Constitution. And in criminal cases, police misconduct can outweigh the defendant’s alleged misconduct when the court determines which evidence is admissible.

4. Can I get a record seal?

Usually yes, though the waiting period to get a record seal depends on which category of crime the defendant was convicted of:

Anyone with a Nevada criminal record should take measures to seal it as soon as possible. Potential employers who see it on a background check may assume the person is dishonest and decline to hire him/her. Learn about how to get a Nevada criminal record seal.

4.1. Sealing juvenile records

Most juvenile records get sealed automatically when the defendant turns 21. Defendants can petition the court to seal the record earlier once three (3) years have passed since the defendant was adjudicated delinquent.¹¹

Learn about how to get a juvenile record seal in Nevada.

5. Will I get deported for a fake ID conviction?

Yes. Aliens convicted of a fake identification crime in Nevada may be deported or denied the opportunity to naturalize to the United States. This is because the offense counts as a crime of moral turpitude.¹²

Therefore non-citizens prosecuted for a criminal defense should retain counsel right away to try to get the charge dismissed or changed to a non-deportable offense. Learn more about the criminal defense of immigrants in Nevada.

6. Related offenses

Depending on the case, people accused of having or selling fake IDs in Nevada may also face charges for the following identity-related crimes.

6.1. False Impersonation (NRS 205.463)

It is a crime in Nevada for a person to pretend to be another person in order to:

• get married,
• make a real estate transaction,
• confess to a crime or civil judgment,
• act as bail or surety in any legal proceeding, or
• commit any other act during a lawsuit or proceeding that compromises another’s financial interests

Note that this offense applies only to defendants accused of impersonating a real person, not a fictional person.

The penalty for violating NRS 205.463 is a category C felony, carrying:

• 1 – 5 years in prison, and
• up to $10,000 in crimes (at the judge’s discretion), and
• restitution

Learn more about the Nevada crime of false impersonation.

6.2. Credit Card Fraud (NRS 205.610 – 205.810)

Nevada prohibits deliberately misusing credit or debit card information to another’s financial detriment. In most cases, credit card fraud is prosecuted as a category D felony. The punishment is:

• 1 – 4 years in prison, and
• $5,000 in fines (at the judge’s discretion), and
• restitution

Learn more about the Nevada crime of credit card fraud.

6.3. Identity Theft (18 U.S.C. 1028)

Identity theft is when someone fraudulently uses another’s identification information (typically to obtain money). Depending on the case, a conviction can carry up to 30 years in federal prison as well as high fines and restitution. Learn more about the federal crime of identity theft.

6.4. Illegal use of Personal Identifying Information (NRS 205.463)

It is a crime to use another’s personal identifying information to avoid prosecution or for another unlawful purpose. Depending on the circumstances of the case, the penalty can include up to 20 years in prison. Learn more about the Nevada crime of unlawful use of another’s personal information.

Also see our article on counterfeiting seals in Nevada.

Arrested in California? Go to our pages on Penal Code 470b: California fake ID laws and Vehicle Code 13004: Unlawful acts involving identification cards.

Arrested in Colorado? Go to our page on Colorado fake ID laws.

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