Nevada Revised Statute 205.465 prohibits the possession, sale, or transfer of an ID card – or other personal identifying information – in order to establish a false identity, status, occupation, or membership. The punishment for identity theft turns on the purpose of using the false ID and the extent of the victims’ harm.
The full text of the statute reads as follows:
NRS 205.465. 1. It is unlawful for a person to possess, sell or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person.
2. Except as otherwise provided in subsection 3, a person who:
(a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or
(b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.3. A person who violates subsection 2 by:
(a) Selling or transferring the personal identifying information of an older person or a vulnerable person;
(b) Selling or transferring the personal identifying information of five or more persons; or
(c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.4. Except as otherwise provided in this subsection and subsections 2 and 3, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130. If a person possesses any such document or personal identifying information in violation of subsection 1 for the sole purpose of establishing false proof of age, including, without limitation, establishing false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.
5. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document or personal identifying information; or
(b) Prohibit the possession or use of any such document or personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.6. Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.
Legal Analysis
NRS 205.465 makes it a crime to use, possess, transfer, or sell personal identification in order to establish a false:
- status,
- occupation,
- membership,
- license, and/or
- identity1
Violating NRS 205.465 can be a misdemeanor or felony depending on what the defendant used the ID for, if there were victims, and the extent of their damages.2
| Fake ID crime | Nevada Penalties |
| Possessing a fake ID to establish false proof of age | Misdemeanor:
|
| Possessing, selling, or transferring an ID to establish a false status, job, membership, license, or identity | Category E felony:
But the defendant typically receives probation instead of incarceration. |
| Selling or transferring an ID or personal identifying information; or possessing an ID or personal identifying information to commit certain types of forgery or fraud | Category C felony:
|
Selling or transferring an ID or personal identifying information, or possessing an ID or personal identifying information to commit certain types of forgery or fraud, and either:
|
Category B felony:
|
A potential defense to identity theft charges is that the defendant lacked any unlawful intent.2 In cases that go to trial, the court may presume that defendants who possessed the IDs of five or more people intended to violate NRS 205.465.3 But the defendant (or his/her defense attorney) has the opportunity to rebut this inference with evidence to the contrary.
NRS 205.465 makes ID theft a misdemeanor or a felony in Nevada depending on the facts of the case.
Legal References
- NRS 205.465 – Possession or sale of document or personal identifying information to establish false status or identity; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information. See also Fayer v. Vaughn, (9th Cir., 2011) 649 F.3d 1061.
- See Woloson v. Sheriff, Clark County, (1977) 93 Nev. 283, 564 P.2d 603.
- NRS 205.465.