NRS § 465.083 – Cheating at Gambling as a Crime in Las Vegas

NRS § 465.083 is the Nevada law that prohibits cheating at a casino game, which is manipulating the outcome of the game or the payments made to players. A first-time conviction is a category C felony, carrying

• 1 to 5 years in prison,
• Restitution, and
• Up to $10,000 in fines.

However, courts will often dismiss the charges if you can demonstrate that there was no fraudulent intent.

NRS 465.083 states that “it is unlawful for any person, whether the person is an owner or employee of or a player in an establishment, to cheat at any gambling game.”

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding cheating at gambling in Nevada law:

• 1. Elements of NRS 465.083
• 2. Counting Cards
• 3. Casino Detainments
• 4. Penalties
• 5. Defenses
• 6. Record Seals
• Frequently Asked Questions
• Additional Resources

1. Elements of NRS 465.083

In Nevada, cheating at gambling occurs when you “alter the elements of chance, method of selection, or criteria which determine” the results, amount of payment, or frequency of payment in a game.¹ Examples of cheating at gaming are crimping cards or using fake chips.

Example: Jim, Jack, and Joel all go to the Eldorado casino in Reno. Jim puts counterfeit coins in a slot machine. John steals a card from the blackjack deck. And Joel switches out chips in poker. They all cheated in different ways. But if caught, they all would be prosecuted for cheating at gambling.

Note that cheating is prohibited in all venues that offer legal gambling, from high-end casinos to supermarkets with slot machines near the entrance. Also note that anyone may be prosecuted for cheating at gambling, including a casino’s gaming licensees or employees.

Also, note that you may be convicted of cheating even if you merely attempted to cheat or conspired to cheat. It does not matter whether you actually carried out the cheating or whether you personally played the gambling game.²

Example: John and Sam agree to be cheaters at poker in the Green Valley Ranch. John gives Sam money to gamble with, and Sam tries to insert stray cards into the deck. If caught, both Sam and John could be booked at the Henderson Detention Center for conspiring to cheat even though John did not physically touch the blackjack table or try to insert the cards himself.

2. Counting Cards

Counting cards in blackjack is when a player mentally keeps track of the cards that are dealt. Technically, counting cards is not cheating under Nevada law and, therefore, not unlawful.

However, casino officials of a licensed gaming establishment who suspect you of counting cards are within their rights to ban  (“blacklist”) you from gambling in that casino or even entering the premises. You then face trespass (NRS 207.200) charges if you refuse to leave or re-enter the premises later.

3. Casino Detainments

A Nevada gaming establishment’s officers or employees have the lawful authority to question anybody they believe may have cheated. (During this time, they will probably also review any surveillance video over or near the applicable gaming tables or slot machines.)

Suppose the casino employees have probable cause to believe that you actually did cheat. In that case, they may detain you “in a reasonable manner and for a reasonable length of time” until the police arrive.³ In Las Vegas, gambling cases are usually investigated by the Las Vegas Metro’s Financial Crimes Unit.

4. Penalties

In Nevada, a first offense of cheating at gambling is a category C felony, carrying:

• One to five (1 – 5) years in Nevada State Prison,
• Restitution, and
• Up to $10,000 in fines (at the judge’s discretion).

A second or subsequent violation is a category B felony, carrying:

• One to six (1 – 6) years in prison,
• Restitution, and
• Up to $10,000 in fines (at the judge’s discretion).

Meanwhile, merely attempting or conspiring to cheat at gambling is a category C felony. The punishment is the same as if there were a completed crime:

• The minimum term is 1 year in prison, and the maximum term is 5 years prison,
• Restitution, and
• Up to $10,000 in fines (at the judge’s discretion).³

Also see our article, Can I be arrested or sued for cheating at a casino in Nevada?

5. Defenses

Three arguments a Nevada criminal defense attorney may use when fighting allegations of casino cheating are:

1. No cheating occurred. It is possible that the entire situation was just a misunderstanding and that your actions were completely within the bounds of the game. If a criminal defense lawyer can show that nothing that occurred rose to the level of cheating – such as counting cards – the case should be dropped.
2. There was no fraudulent intent. Mistakes or accidents that change the odds or outcome of a game do not qualify as cheating. Unless the D.A. can prove you intended to defraud, no crime occurred.⁴
3. Police misconduct. If the police perform an unlawful search or seizure when investigating a criminal case, your defense attorney may file a motion to suppress evidence with the court. If the judge grants the motion and disregards all the evidence that was unlawfully obtained, the prosecution may have to drop your entire gambling cheating case for lack of proof.

6. Record Seals

A conviction for cheating at gambling in the state of Nevada can be sealed five years after the case is closed. Though if the charge got dismissed, then there is no waiting period to petition for a record seal.⁵

Learn how to get criminal records sealed in Nevada.

Frequently Asked Questions

What is the difference between counting cards and cheating at gambling in Nevada?

Counting cards in blackjack (mentally tracking dealt cards) is not cheating and is not unlawful under Nevada law. However, casinos can ban you from their property for counting cards. Cheating involves actually manipulating the game, like using fake chips or marked cards, which is a felony offense.

Can I be charged with cheating even if I did not actually cheat successfully?

Yes. Nevada law allows prosecution for cheating even if you only attempted to cheat or conspired with others to cheat. You can be convicted whether or not the cheating was completed and even if you didn’t personally play the gambling game.

What happens if casino security detains me for suspected cheating?

Casino employees can lawfully question and detain you “in a reasonable manner and for a reasonable length of time” if they have probable cause to believe you cheated. They will likely review surveillance footage and call police to investigate before releasing you.

How long do I have to wait to seal a gambling cheating conviction from my record?

If you were convicted of cheating at gambling, you must wait five years after your case is closed to petition for a record seal. However, if the charges were dismissed, there is no waiting period and you can request a record seal immediately.

Additional Resources

If you or someone you know is struggling with a gambling addiction, refer to the following:

• Gamblers Anonymous – 12-step argument to overcome a gambling addiction.
• National Problem Gambling Helpline Network – Call 1-800-GAMBLER for local resources, including in Nevada, provided by the National Council on Problem Gambling (NCPG).
• Compulsive Gambling – Informational article by the Mayo Clinic about what constitutes a gambling addiction.
• How gambling affects the brain and who is most vulnerable to addiction – Monitor on Psychology article about the neurological consequences of gambling.
• Gambling Addiction: Resources, Statistics, and Hotlines – Information compiled by the University of Nevada, Reno.

Also see our related articles on unlawful acts re. gaming equipment (NRS 465.085) and gaming fraud (NRS 465.070), which may include manipulating a gaming device, such as a roulette wheel, to alter the game’s operation, past-posting, or pinching bets. In addition, see our article on sports bribery (NRS 207.290), which involves bribing people to change the outcome of sporting events (which may affect race books and sports pools).

For more information, visit the Nevada Gaming Control Board and Nevada Gaming Commission websites.

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