In the state of Nevada, it is illegal to obtain personal identifying information that belongs to someone else. Charges you face, and potential penalties, will vary based on the specifics of your actions but conviction for this offense is likely to result in jail time and required restitution.
You should make a plan to aggressively fight charges as soon as you are under investigation or have been accused of obtaining someone’s personal identification in order for you or anyone else to impersonate that individual. Vegas criminal defense attorneys at LV Criminal Defense know the laws well and are here and ready to help you fight for your future so give us a call today.
Nevada considers it a property crime to unlawfully obtaining personal identification information to cause harm, to impersonate a victim, to obtain nonpublic records, or for unlawful purposes. Chapter 205 of Title 15 (the state’s penal code), defines the offense and imposes penalties.
Within Chapter 205, there is a statute that specifically defines when it is unlawful to obtain or use personal identifying information belonging to a victim to harm that victim, access the victim’s private records, or otherwise use the identifying information for illegal purposes. That statute is Nevada Revised Statute section 205.463.
According to the relevant statute, it is generally unlawful to knowingly obtain personal identifying information belonging to someone else and to use that information with the intent to commit any unlawful act including harming the victim whose information is obtained; impersonating the victim to obtain personal identifying information without express consent; obtaining access to nonpublic records of actions or communications; obtaining goods or services in the name of the other person; or engaging in any other illegal activity.
Taking someone’s personal information to harm him, impersonate him, or obtain goods in his name is a category B felony. The minimum period of imprisonment for a convicted defendant is one year and the maximum period of imprisonment is 20 years. A defendant can also be fined up to $100,000.
However, obtaining someone’s personal information and misusing it in order to avoid being prosecuted for a criminal act is a Category C felony rather than a category B felony, unless the crime for which the defendant is trying to avoid prosecution is a category A or category B felony, in which case the defendant can be convicted of a category B felony and punished with a minimum of three years imprisonment and a maximum of 20 years imprisonment as well as a fine up to $100,000.
A defendant can also be charged with a category B felony and faced with between three and 20 years imprisonment and a maximum fine of $100,000 for obtaining the personal information of a vulnerable or older person; obtaining personal information from five or more people; or using obtained information to cause more than $3,000 in financial loss or injury.
In addition to other penalties, a defendant will be required to make restitution to victims, including repaying attorneys fees and costs the victim incurred including repairing credit history and rating and repaying any debts or liens incurred by the victim.
Finally, the statute specifies that if a defendant possesses the identifying information of five or more people without authorization, this creates a rebuttable presumption that the defendant intended to violate N.R.S. 205.463.