False Impersonation – NRS 205.450

Overview

False impersonation is a serious criminal offense under Nevada Revised Statute (NRS) 205.450. This law addresses the act of impersonating another person with the intent to deceive or defraud. Understanding the implications of this statute is essential for individuals, legal professionals, and anyone facing allegations of false impersonation.

Definition of False Impersonation

Under NRS 205.450, “false impersonation” refers to the act of falsely assuming the identity of another person to deceive or mislead others. Key components of the law include:

1. Intent to Deceive: The offender must have the intention to deceive another person or entity for personal gain or to harm another individual.
2. Assumption of Identity: This can involve using someone else’s name, social security number, or any identifying information to represent oneself as that person.
3. Fraudulent Purpose: The act must be committed for a fraudulent purpose, which can include financial gain, evasion of law enforcement, or obtaining services under false pretenses.

Legal Requirements for Prosecution

To secure a conviction for false impersonation under NRS 205.450, the prosecution must prove several elements beyond a reasonable doubt:

1. Assumption of Identity: The accused must have assumed the identity of another person.
2. Intent to Deceive: The prosecution must demonstrate that the accused intended to deceive another individual or entity.
3. Use of Information: The prosecution must establish that the accused used the false identity to obtain something of value, such as money, property, or services.

Related Offenses

False impersonation is related to several other offenses, including:

• Fraud – NRS 205.380: Involves deceitful practices intended to secure an unfair or unlawful gain, which can overlap with false impersonation.
• Identity Theft – NRS 205.463: Involves using another person’s personal information without consent, often related to false impersonation cases.
• Forgery – NRS 205.095: Involves the unlawful creation or alteration of documents, which can be associated with impersonation schemes.

Examples of False Impersonation Offenses

To illustrate how NRS 205.450 is applied, consider these examples:

• Example 1: An individual uses someone else’s name and Social Security number to open a credit card account. This act of assuming another person’s identity to obtain financial benefits constitutes false impersonation.
• Example 2: A person pretends to be a law enforcement officer, showing a fake badge to gain access to restricted areas or intimidate others. This behavior can lead to charges under false impersonation laws.

Penalties for False Impersonation

The penalties for false impersonation under NRS 205.450 can be significant:

• Category D Felony: False impersonation is typically 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 impersonation involves financial fraud or if the individual has prior convictions, the penalties may be increased.

Defenses Against False Impersonation Charges

If you are facing charges for false impersonation under NRS 205.450, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intention to deceive can be a strong defense. If the accused believed they had permission to use the identity or information, this may mitigate liability.
2. Innocent Misunderstanding: If the impersonation was accidental or a result of a misunderstanding, this can serve as a defense against the charges.
3. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused engaged in false impersonation, the charges may be dismissed.
4. False Allegations: If the charges stem from false accusations or retaliation, presenting evidence to support this claim can lead to a favorable outcome.

The Importance of Legal Representation

Navigating the complexities of false impersonation 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 fraud and identity theft equips him to provide a robust defense against charges under NRS 205.450.

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 false impersonation.

Understanding Your Rights

If you are accused of false impersonation, 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 false impersonation charges under NRS 205.450 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.