In Las Vegas and throughout 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. Otherwise, using a fake ID to commit fraud is a felony carrying one to 20 years in prison and up to $100,000.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is a Fake ID?
- 2. Penalties
- 3. Defenses
- 4. Making Fake IDs
- 5. Examples of Fake ID Crimes
- 6. Related Offenses
- Additional Reading
1. What is a Fake ID?
Like it sounds, a fake ID is a counterfeit or altered identification document, such as a
- Nevada driver’s license,
- State identification card,
- Passport,
- Las Vegas work card, or
- Membership card.
It is illegal to have or sell any form of fake personal identification. If you are caught with identification information for five (5) 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 you of violating NRS 205.465 if you present convincing evidence of your innocence at trial.2
Las Vegas courts see several fake ID cases by people ineligible to gamble or drink.
2. Penalties
Fake ID punishments vary depending on the circumstances of the case, as the following table spells out:
| Possession of Fake ID offense | Sentence in Nevada |
| Possession of a fake ID to drink, gamble, or buy cigarettes (NRS 205.460) | Misdemeanor: Up to 6 months in jail and/or $1,0003 |
| Selling or giving away a fake ID to drink, gamble, or buy cigarettes (NRS 205.460) | Gross misdemeanor: Up to 364 days in jail and/or $2,000 |
| Possessing false identification to establish a fake identity (NRS 205.465) | Category E felony: Probation and a suspended sentence (usually) |
| Selling or transferring a fake ID (NRS 205.465) | Category C felony: 1 to 10 years in prison and up to $10,000 |
| Possessing a fake ID to carry out forgery, debit or credit card fraud, or online fraud (NRS 205.465) | Category C felony: 1 to 10 years in prison and up to $10,000 |
| Selling or transferring the personal identifying information of a person 60 or older, a vulnerable person, or of five (5) or more people (NRS 205.465) | Category B felony: 1 to 20 years in prison and up to $100,000 |
| Causing another person at least $3,000 in losses from selling or giving away personal identification information (NRS 205.465) | Category B felony: 1 to 20 years in prison and up to $100,000 |
The D.A. may be willing to plea bargain the charge down to a lesser offense or possibly a dismissal.
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.3
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.
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:
You Had No Intent to Defraud
Possessing a falsified identification card is legal if it is not used for fraudulent purposes.4 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 definitively prove what is going on inside your head. Therefore, the D.A. often has trouble proving guilt beyond a reasonable doubt.
The Police Committed Misconduct
In every case, we conduct a thorough investigation to uncover every instance of where the police cut corners, forgot a required procedural step, or outright denied our clients due process (such as by an illegal 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.
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.5
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 (NRS 205.175)
- False impersonation (NRS 205.450)
- Illegal use of personal identifying information (NRS 205.463)
- Credit card fraud (NRS 205.610 – 205.810)
- Federal identity theft (18 U.S.C. 1028)
See also our article, Consequences of fake driver’s licenses.
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.
- How strict are clubs/casinos in vegas with fake IDs – Reddit threat.
- Where can you get a fake ID in Las Vegas? – Quora question.
Legal References:
- NRS 205.460 Preparation, transfer or use of false identification regarding person under 21 years of age; penalties; demand of proof of age as defense to certain proceedings. 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 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).