Identity theft is generally a financial crime that involves the use of illegally obtained information about another person—such as name, address, date of birth, Social Security number, and credit card numbers—in order to use existing credit accounts or open new ones in the other person’s name. When this happens, criminals capture the spending power of another person’s credit while sticking the victims (individuals, financial institutions, merchants) with the bill.
Laws regarding identity theft vary from state to state in their naming, classification, and penalties—with criminal offenses such as “Unauthorized Acquisition or Transfer of Certain Financial Information,” “Fraudulent Use or Possession of Identifying Information,” “Unlawful Possession of Personal Identifying Information,” “Identity Theft,” “Identity Fraud,” “False Personation,” or “Criminal Impersonation.”
Laws related to identity theft are generally located in a state’s statutes—often in the penal or criminal code.
In Nevada, identity theft is addressed under Nevada Revised Statutes (NRS) 205.463 to 205.4655, which define various forms of identity theft and related crimes. These statutes make it illegal to obtain personal identifying information of another person without lawful authority, with the intent to commit a fraudulent act. This includes using another person's name, address, date of birth, Social Security number, and credit card numbers. Penalties for identity theft in Nevada can range from category C felony for a first offense, which may result in 1 to 10 years in prison and a fine up to $10,000, to a category B felony for subsequent offenses or if the crime results in a loss of $3,000 or more, which can lead to 1 to 20 years in prison and a fine up to $100,000. Additionally, victims of identity theft in Nevada have the right to file a report with local law enforcement and may also petition the court to declare them factually innocent of any charges resulting from the identity theft.