Everything You Need to Know About Fake ID Penalties

April 29, 2024

Fake IDs have been used by underage kids for as long as laws have been in place requiring you to be a certain age to purchase alcohol, tobacco, or gamble at a casino. Fake IDs are also used for more nefarious purposes, such as stealing an identity for financial gain or by fugitives to evade capture. Regardless of the motivation for having a fake ID, the penalties for being caught with one in Nevada can be serious, as explained by the Vegas Lawyers.

What Makes an ID a Fake ID?

In the eyes of the law, a “fake” ID is precisely what most people think it is — an altered or counterfeit document used to identify an individual such as a driver’s license, state identification card, passport, Las Vegas work card, or membership card.

What Are the Potential Criminal Offenses Associated with Possessing a Fake ID in Nevada?

The potential penalties you face if you are caught and subsequently convicted of possessing a fake ID in Nevada will depend, in part, on the circumstances surrounding your possession of the fake ID. The law in Nevada recognizes that there is a fundamental difference between a teenager using a fake ID to buy alcohol or gamble at a casino and a cyber-criminal using a fake ID to drain an elderly victim’s life savings out of their bank account. While they are technically the same crime (possession of a fake ID), the underlying motivations are significantly different.

Acknowledging that using a fake ID to get around age-restricted conduct, Nevada law makes it a misdemeanor to possess a fake ID “with the intention that (the fake ID) be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments.”

If you are caught in possession of a fake ID “ for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person,” Nevada law dictates that you can be charged with a Class E felony.

In short, you face misdemeanor charges if you are a teenager using a fake ID to pass as 18 or 21; however, expect to be charged with a Class E felony if you are caught in possession of a fake ID for any other reason.

What Other Crimes Might I Be Charged with Relating to Fake ID in Nevada?

If you are suspected of using a fake ID to commit fraud or forgery, you could be charged with a Class C felony in Nevada. You can also face a Class C felony charge for selling fake IDs in Nevada with the charges bumped up to a Class B felony if someone faces a financial loss of $3,000 or more as a result of selling (or giving away) personal information, if you sold five or more IDs, or if a victim involved in the case is considered a “vulnerable” person or is 60 years old or older.

What Are the Potential Fake ID Penalties in Nevada?

The potential penalties associated with fake ID offenses in Nevada will vary depending on the severity of the offense. For example, if you are convicted of a basic misdemeanor because you only had the fake ID to gain access to a bar, you face a maximum of six months in jail and/or a $1,000 fine. At the other end of the spectrum, you could be sentenced to up to 20 years in prison and ordered to pay up to a $100,000 fine if convicted of a Class B felony involving the sale of IDs where the victim was a “vulnerable” person or was over the age of 60.

What Should I Do If I Have Been Charged with a Fake ID Offense in Nevada?

If you were charged with an offense involving a fake ID in Nevada, 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.