Caught with Fake IDs in Vegas: Legal Penalties and Defenses

Name: The Vegas Lawyers
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March 7, 2024

In Las Vegas, underage people are often tempted to try and use a fake ID to purchase alcohol, marijuana, or tobacco as well as to gamble in one of the numerous casinos along the famous strip. If you are caught with fake IDs in Vegas, however, you may be charged with a criminal offense.

What Counts as a Fake ID in Nevada?

Typically, a fake ID refers to an altered or counterfeit driver’s license, state identification card, passport, Las Vegas work card, or membership card.

When Is Possession of a Fake ID a Misdemeanor in Las Vegas?

While an individual may possess a fake ID for more nefarious reasons, most people using a fake ID in Las Vegas do so because they are not yet legally old enough to gamble or purchase alcohol, tobacco, or marijuana. When a fake ID is used to purchase alcohol or to gamble, NRS 205.460 governs, making the offense a misdemeanor. Under that statute, it is a gross misdemeanor to sell, lend, or give away an altered or counterfeited document to be used to purchase alcohol or gamble while attempting to use or proffering an altered or counterfeited document is a misdemeanor.

When Might a Fake ID Lead to Felony Charges in Las Vegas?

When a fake ID is intended for use other than underage purchases or gambling, felony charges may be filed. NRS 205.465 makes it illegal 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.”

Under that statute, possession of false identification with the intent to establish a fake identity is charged as a Class E felony. Possessing a fake ID with the intent to carry out forgery, debit or credit card fraud, or online fraud bumps the potential charges up to a Class C felony, as does selling or transferring a fake ID.

You can be charged with a Class B felony for selling or transferring the personal identifying information of a vulnerable person or a person 60 years of age or older or if you sell or transfer identifying information for five or more people. Finally, it is also a Class B felony if you cause another person to suffer a financial loss or injury of $3,000 or more as a result of the sale or transfer of identifying information.

What Are the Potential Penalties for Being Caught with a Fake ID in Nevada?

If you are charged with a basic misdemeanor for simple possession of a fake ID used for underage purchases or gambling, you face up to six months in jail and/or a fine of up to $1,000. The potential penalties for selling or transferring a fake ID for the same purposes (a gross misdemeanor) include up to 364 days in jail and/or a fine of up to $2,000.

Potential penalties for more serious offenses related to a fake ID in Nevada include:

Possessing false identification to establish a fake identity (Class E felony) carries a potential term of imprisonment of one to four years and up to a $5,000 fine.
Possessing a fake ID to carry out forgery, debit or credit card fraud, or online fraud OR selling or transferring a fake ID (Class C felony) is punishable by one to 10 years in prison and up to a $10,000 fine.
Selling a fake ID to a vulnerable or older person, selling five or more fake IDs, or causing more than $3,000 in financial losses (Class B felony) subjects you to a prison sentence of up to 20 years and a fine of up to $100,000.

Do I Have a Defense If I Was Caught with a Fake ID?

The potential defenses available to you will depend on the unique facts of your case. Sometimes, for example, a defendant’s lack of intent to commit the crime is a viable defense, while in other cases the defense might focus on the illegal search that led to the discovery of the ID.

What Should I Do If I Am Caught with a Fake ID in Las Vegas?

If you were caught with a fake ID in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.