Is Identity Theft a Felony in Nevada?

Yes. Nevada treats identity theft as a serious criminal offense, and a conviction can result in felony penalties. However, the exact classification and possible sentence are not identical in every case. They depend on how the identifying information was allegedly obtained or used and whether any circumstances increase the potential punishment.

That distinction matters because Nevada has several laws dealing with the misuse of identifying information. Even within the state’s primary identity theft statute, different conduct can lead to different felony classifications and sentencing ranges.

How Nevada Law Addresses Identity Theft

NRS 205.463 is one of Nevada’s main laws governing the unlawful use of another person’s identifying information.

The statute applies when someone knowingly obtains another person’s identifying information and uses it with unlawful intent. Conduct covered by the law can include:

• Using the information to harm another person
• Impersonating someone to access that person’s identifying information without prior express consent
• Accessing certain nonpublic records without prior express consent
• Using the information for another unlawful purpose, such as obtaining credit, goods, services, or something of value in someone else’s name

For conduct falling under this part of the statute, the offense is classified as a Category B felony. A conviction can carry a prison term ranging from one year to 20 years, along with a possible fine of as much as $100,000.

Using someone else’s identifying information to avoid or postpone prosecution is handled somewhat differently. That conduct is ordinarily classified as a Category C felony, although circumstances specified by Nevada law can raise it to a Category B felony.

Factors That Can Increase the Potential Penalties

Not every identity theft case carries the same sentencing range. NRS 205.463 identifies several circumstances in which the minimum prison term for a Category B offense increases.

When one of these provisions applies, the potential prison sentence can range from three to 20 years, and a fine of up to $100,000 may also be imposed.

The Victim Is an Older or Vulnerable Person

Nevada provides for increased penalties when the identifying information belongs to an older or vulnerable person.

Under Nevada law, an “older person” means someone who is at least 60 years old. A “vulnerable person” is separately defined based on certain physical or mental conditions or limitations.

When the requirements of the enhancement are satisfied, the minimum prison term increases from one year to three years.

The Case Involves Five or More People’s Information

The number of people involved can also affect the possible sentence.

Obtaining and using identifying information belonging to at least five people can trigger the enhanced penalty provisions of NRS 205.463. Nevada law also permits a rebuttable inference of unlawful intent in certain circumstances when someone possesses identifying information belonging to five or more people.

That does not mean possession automatically proves identity theft. The inference is rebuttable, and the prosecution must still establish the elements required for the offense.

The Financial Harm Reaches $3,000

Financial harm is another factor specifically addressed by the statute.

When a violation results in financial loss or injury of $3,000 or more, the enhanced sentencing provision can apply. In that situation, the potential prison term can be three to 20 years.

Depending on what allegedly occurred, separate financial, theft, or fraud-related charges could also become relevant. Those offenses have their own elements and should be considered independently.

Another Identity Is Used to Avoid Prosecution

Using someone else’s identifying information in an effort to avoid or delay prosecution is itself covered by NRS 205.463.

Ordinarily, this conduct is treated as a Category C felony. The classification can become more serious, however, when one of the statute’s enhanced circumstances applies.

For example, using another person’s information to avoid or delay prosecution for an offense punishable as a Category A or Category B felony can result in the enhanced Category B penalties. Other enhancement provisions can also apply depending on the victim, number of people involved, or amount of financial harm.

What Information Can Be Considered Personal Identifying Information?

Identity theft does not only involve Social Security numbers or credit cards.

NRS 205.4617 defines personal identifying information broadly. Depending on the circumstances, it can include:

• Names and dates of birth
• Social Security numbers
• Driver’s license and identification card numbers
• Bank account information
• Credit and debit card information
• Passwords and personal identification numbers
• Passport and taxpayer identification numbers
• Electronic identifying information
• Certain biometric information
• Medical and health insurance identification numbers
• Certain professional, occupational, recreational, and government license information
• Utility account numbers

Nevada’s definition also reaches other information capable of identifying a person alone or when combined with other information.

The existence or possession of this information, however, does not by itself establish an identity theft offense under NRS 205.463. The prosecution still has to establish the conduct, knowledge, intent, and other elements required by the provision being charged.

Nevada Has Other Laws Involving False Identities

NRS 205.463 is not the only Nevada law that may apply when identifying information is misused.

For example, NRS 205.465 concerns possessing, selling, or transferring documents or identifying information for the purpose of creating a false status, occupation, membership, license, or identity.

The classification of an offense under this statute depends on the conduct and circumstances involved. Different violations can carry misdemeanor or felony consequences.

This distinction is important because an allegation involving false identification does not necessarily fall under the same provision or carry the same punishment as an allegation involving the unlawful use of another person’s identity.

Additional Criminal Charges May Be Filed

An identity theft investigation can involve conduct that potentially violates more than one Nevada criminal statute.

For example, depending on the facts, prosecutors may consider charges involving:

False pretenses. NRS 205.380 addresses obtaining money, property, rent, or labor through specified false representations.

Forgery. NRS 205.090 may become relevant when the allegations involve falsely making, altering, forging, or counterfeiting certain documents or instruments with fraudulent intent.

Computer-related offenses. Nevada has separate criminal provisions addressing certain unauthorized activities involving computers, networks, systems, and electronic information.

Conspiracy. When the allegations involve multiple people acting pursuant to an agreement to commit a crime, conspiracy charges may also be considered.

Additional charges are not automatic simply because identity theft has been alleged. Each offense has elements that the prosecution must separately establish.

When Can Identity Theft Become a Federal Case?

Some allegations involving stolen or unlawfully used identities can fall under federal as well as Nevada law.

One example is aggravated identity theft under 18 U.S.C. § 1028A. The federal statute applies to specified situations involving the knowing transfer, possession, or use of another person’s means of identification without lawful authority during and in relation to certain qualifying federal felonies.

Under the general aggravated identity theft provision, a conviction adds a two-year prison term to the punishment imposed for the qualifying underlying offense. Federal law generally requires the additional term to be served consecutively.

The presence of identifying information in a Nevada criminal investigation does not automatically make the case federal. Federal jurisdiction and the elements of a federal offense must still be established.

Possible Defenses to Nevada Identity Theft Charges

The prosecution has the burden of proving the elements of an identity theft charge. Depending on the circumstances, several issues may become important to the defense.

The Required Intent Cannot Be Established

Intent is a critical part of NRS 205.463.

For the primary offense, it is not enough to show only that someone obtained another person’s identifying information. The prosecution must establish the required unlawful intent and use.

Evidence concerning why the defendant possessed the information, how it was obtained, and what was actually done with it can therefore be significant.

The Information Was Used With Permission

Permission can also matter in an identity theft case.

Certain conduct covered by NRS 205.463 expressly involves accessing information or records without prior express consent. In other circumstances, evidence showing legitimate permission to possess or use the information may be relevant to whether unlawful intent can be proven.

Nevada law also recognizes exceptions for certain uses of identifying information in the ordinary course of business or employment and certain transactions involving an authorized payment-card user.

The scope of any permission is important. Authorization for one purpose does not necessarily resolve allegations involving a different use.

Evidence May Be Challenged

Digital evidence frequently plays a role in identity theft investigations. Investigators may rely on mobile devices, computers, account records, transaction histories, login information, or other electronically stored evidence.

When evidence was obtained through a search that violated the Fourth Amendment, the defense may ask the court to suppress it. Whether suppression is available depends on how the evidence was obtained and whether an exception applies.

Our articles about phone searches in Nevada criminal cases and digital evidence in Nevada criminal cases discuss related issues in more detail.

The Evidence May Not Identify Who Used the Information

Electronic evidence can sometimes establish that an account, device, or network was involved without conclusively showing who performed a particular action.

That distinction can matter when several people had access to the same computer, phone, online account, or internet connection.

The prosecution must connect the defendant to the alleged criminal conduct. Whether the available evidence does so is a case-specific question.

Facing Identity Theft Charges in Nevada?

Identity theft allegations can expose a defendant to significant felony penalties, and cases involving enhanced circumstances or additional charges can become particularly complex.

A criminal defense attorney can examine which statute applies, whether the prosecution can establish the required intent and other elements, how investigators obtained the evidence, and whether additional state or federal charges are legally supported.

Lipp Law LLC represents people facing criminal charges in Clark County. If you have been charged with identity theft or believe you are under investigation, contact our office to discuss your case and the legal options that may be available.

Frequently Asked Questions

Is identity theft always a felony in Nevada?

Identity theft offenses under Nevada’s principal identity theft statute are felony offenses, but they are not all classified the same way. Conduct covered by NRS 205.463(1) is generally a Category B felony, while using another person’s identifying information to avoid or delay prosecution under subsection 2 is generally a Category C felony unless an enhancement applies.

How much prison time can identity theft carry in Nevada?

For the primary Category B offense under NRS 205.463, the sentencing range is one to 20 years in Nevada State Prison, with a possible fine of up to $100,000. When one of the statute’s enhanced circumstances applies, the minimum prison term can increase to three years.

Does possessing someone’s personal information automatically count as identity theft?

No. Possession alone does not automatically establish a violation of NRS 205.463. The prosecution must prove the elements of the offense being charged, including the required intent and conduct. Nevada does, however, permit a rebuttable inference of unlawful intent in certain circumstances involving possession of identifying information belonging to five or more people.

Can an identity theft charge be reduced or dismissed?

It is possible in some cases, but there is no automatic right to a reduction or dismissal. The outcome can depend on whether the prosecution has sufficient evidence for each element, whether important evidence is suppressed, and whether the parties reach a negotiated resolution.

What if I had permission to use the person’s information?

Permission can be important, but its effect depends on what conduct is alleged and the scope of the authorization. Some provisions of NRS 205.463 expressly concern access obtained without prior express consent. Evidence of legitimate authorization may also be relevant when determining whether the prosecution can establish unlawful intent.

Can Nevada identity theft charges become federal charges?

Some conduct may violate both state and federal law. Federal charges depend on whether the facts satisfy the requirements of a particular federal offense. Aggravated identity theft under 18 U.S.C. § 1028A, for example, applies only in specified circumstances involving certain qualifying federal crimes.

Does the amount of money involved affect an identity theft case?

It can. Under NRS 205.463, causing financial loss or injury of $3,000 or more is one of the circumstances that can trigger the enhanced Category B sentencing range of three to 20 years.

Is identity theft more serious when several people’s information is involved?

Potentially. Obtaining and using identifying information belonging to five or more people is one of the circumstances that can trigger the enhanced penalties under NRS 205.463.

What happens if someone uses another person’s identity to avoid criminal charges?

Using another person’s identifying information to avoid or delay prosecution is generally a Category C felony under NRS 205.463. Enhanced Category B penalties may apply in specified circumstances, including when the identity is used to avoid or delay prosecution for a Category A or Category B felony.

Can illegally obtained evidence be used in an identity theft case?

Evidence obtained in violation of the Fourth Amendment may be subject to a motion to suppress. Whether the court excludes the evidence depends on the circumstances of the search and whether an exception to the exclusionary rule applies.