Identity Theft – NRS 205.463, 205.464, and 205.465

Overview

Identity theft is a significant offense under Nevada Revised Statutes (NRS) 205.463, 205.464, and 205.465. These laws define various aspects of identity theft, outlining the unlawful acquisition and use of another person’s personal information with the intent to commit fraud or other crimes. Understanding the implications of these statutes is crucial for individuals at risk, victims, and legal professionals involved in identity theft cases.

Definition of Identity Theft

1. NRS 205.463: This statute specifically addresses the act of obtaining personal identifying information of another person without their consent and using it for unlawful purposes.
2. NRS 205.464: This section expands on the previous law by making it a crime to knowingly use or attempt to use someone else’s personal identifying information to commit fraud.
3. NRS 205.465: This law focuses on the use of identifying information to create false identification documents or to aid others in committing identity theft.

Key Components of the Laws

Under these statutes, the following elements are crucial:

1. Personal Identifying Information: This includes names, Social Security numbers, driver’s license numbers, credit card numbers, and other information that can identify an individual.
2. Intent to Defraud: The perpetrator must act with the intent to deceive or defraud another person or entity.
3. Methods of Theft: Identity theft can occur through various means, including hacking, phishing, stealing physical documents, or even social engineering tactics.

Legal Requirements for Prosecution

To secure a conviction for identity theft under NRS 205.463, 205.464, or 205.465, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of Personal Information: The prosecution must establish that the accused obtained another person’s identifying information.
2. Knowledge and Intent: It must be shown that the accused knowingly obtained and intended to use the information for fraudulent purposes.
3. Use or Attempted Use: The prosecution must demonstrate that the accused used or attempted to use the identifying information without consent.

Related Offenses

Identity theft under these statutes is related to several other offenses, including:

• Fraud – NRS 205.380: Involves deceitful practices aimed at financial gain, which can overlap with identity theft cases.
• Credit Card Fraud – NRS 205.760: Specifically involves fraudulent use of credit card information, often a component of identity theft.
• Access Device Fraud – NRS 205.620: Involves the unauthorized use of devices to access financial accounts, commonly associated with identity theft.

Examples of Identity Theft Offenses

To illustrate how these statutes are applied, consider these examples:

• Example 1: An individual uses another person’s Social Security number to open a bank account without their knowledge. This act constitutes identity theft under NRS 205.463.
• Example 2: A person steals a credit card and makes unauthorized purchases, knowingly using the card without consent. This behavior falls under NRS 205.464.
• Example 3: An individual creates fake identification documents using someone else’s information, which is a clear violation of NRS 205.465.

Penalties for Identity Theft

The penalties for committing identity theft under these statutes can be severe. Depending on the facts alleged the person can be charged with either:

• a category C felony, which carries:

• Imprisonment: 1 to 5 years in the Nevada Department of Corrections.
• Fines: Up to $10,000,
• Or as a Category B Felony, which carries:
  • Imprisonment: 2 to 20 years in the Nevada Department of Corrections.
• Enhanced Penalties: If the identity theft involves multiple victims, or if significant financial loss occurred, the penalties may be increased, potentially leading to felony charges with harsher consequences.

Defenses Against Identity Theft Charges

If you are facing charges for identity theft under NRS 205.463, 205.464, or 205.465, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intent to deceive can be a strong defense. If the accused believed their actions were authorized or legitimate, this may mitigate liability.
2. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused knowingly engaged in identity theft, the charges may be dismissed.
3. Mistaken Identity: If the accused can prove they were not involved in the fraudulent activity, this can lead to a dismissal of charges.
4. Authorization: If the accused had consent to use the personal information, this can serve as a valid defense against identity theft charges.

The Importance of Legal Representation

Navigating the complexities of identity theft 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 fraud-related cases equips him to provide a robust defense against charges under NRS 205.463, 205.464, and 205.465.

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 identity theft.

Understanding Your Rights

If you are accused of identity theft, 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 identity theft charges under NRS 205.463, 205.464, and 205.465 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.