Fake IDs – NRS 205.460

Overview

The use of fake identification is a serious offense under Nevada Revised Statute (NRS) 205.460. This law addresses the creation, use, and distribution of counterfeit identification documents, which can have significant legal consequences. Understanding the implications of this statute is crucial for individuals, especially minors and young adults, as well as those involved in the legal system.

Definition of Fake IDs

Under NRS 205.460, “fake IDs” refer to any identification document that has been altered, forged, or manufactured unlawfully. This includes:

1. Counterfeit Identification: This involves the creation of fake driver’s licenses, state IDs, or other government-issued identification documents that are intended to deceive others.
2. Altered Documents: This includes legitimate IDs that have been modified in any way, such as changing the date of birth, name, or other identifying information.
3. Use and Distribution: The statute covers not only the creation of fake IDs but also the act of using or distributing them, which can lead to additional charges.

Legal Requirements for Prosecution

To secure a conviction for using or possessing fake IDs under NRS 205.460, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of a Fake ID: The prosecution must establish that the accused possessed, used, or distributed an identification document that is counterfeit or altered.
2. Intent to Deceive: It must be shown that the accused intended to deceive or mislead someone, such as law enforcement or businesses, by using the fake ID.
3. Knowledge of the Document’s Nature: The accused must have known that the ID was fake or altered at the time of its use.

Related Offenses

The offense of using fake IDs is related to several other crimes, including:

• Forgery – NRS 205.095: Involves the unlawful creation of documents with the intent to deceive, which can include fake IDs.
• Identity Theft – NRS 205.463: Using someone else’s personal information without permission, which may also involve fake identification.
• Unlawful Use of a Credit Card – NRS 205.760: Often associated with the use of fake IDs to make fraudulent purchases.

Examples of Fake ID Offenses

To illustrate how NRS 205.460 is applied, consider these examples:

• Example 1: A college student uses a fake driver’s license to purchase alcohol at a bar. This act can lead to charges under NRS 205.460 for using a fake ID.
• Example 2: An individual creates counterfeit identification documents and sells them to others. This behavior can result in multiple charges, including distribution of fake IDs.

Penalties for Fake IDs

The penalties for violating NRS 205.460 can be severe:

• Category D Felony: Possessing or using a fake ID is generally charged as a Category D felony, which carries:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the offense involves multiple fake IDs or if the individual has prior convictions, the penalties may increase.

Defenses Against Fake ID Charges

If you are facing charges for using or possessing fake IDs under NRS 205.460, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intention to deceive can be a strong defense. For example, if the individual believed the ID was legitimate.
2. Unawareness: If the accused can prove they were unaware that the ID was fake or altered, this may mitigate liability.
3. Improper Search: If law enforcement discovered the fake ID through an illegal search or seizure, any evidence obtained may be inadmissible in court.
4. Mistaken Identity: If the individual was not the person in possession of the fake ID, this can lead to dismissal of charges.

The Importance of Legal Representation

Navigating the complexities of fake ID charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling cases involving counterfeit documents equips him to provide a robust defense against charges under NRS 205.460.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving fake IDs.

Understanding Your Rights

If you are accused of using or possessing a fake ID, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against fake ID charges under NRS 205.460 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.