Sale of identifying card or document

NRS 207.330 – Overview of the Penalties Associated with Sale of Identifying Cards or Documents

According to NRS 207.330, it is a crime to sell an identifying card or document in Nevada. Identity theft is one of the fastest-growing crimes in the United States. Millions of people are impacted by identity theft in the United States each year, to the tune of billions of dollars. One of the ways in which someone commits identity theft is by purchasing an identifying card or document, such as a social security card, and then using the information on the card to open bank accounts or take out loans.

NRS 207.330 is one of the statutory mechanisms Nevada uses to deter identity theft. This page will explain what the crime of selling an identifying card or document is, how to defend against this charge, and the potential penalties one might face if convicted of the crime.

Selling an identifying card or document as a Crime under NRS 207.330

In the state of Nevada, it is crime to sell an identifying card or document that establishes an individual’s identity unless the buyer personally appears before the seller and confirms their own identity in writing under the threat and penalty of perjury.

A key aspect of this provision is there is no intent requirement. It is not required that the seller sell the identifying card or document with the intent or knowledge that the identifying card or document be used to commit some sort of identity theft. Rather, the actual act of selling the identifying card or document is the crime. It should also be noted that government agencies are exempt completely from this statute.

Defenses to a charge of selling an identifying card or document under NRS 207.330

If you or a loved one have been charged with this crime in Nevada it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against a charge of selling an identifying document or card:

• Confirmed identity. There is no violation of NRS 207.330 if the buyer appears personally before the buyer and declares their identity in writing under threat of perjury. Therefore, if this extra step is taken to confirm the identity of the buyer, the charges will be dropped.

Potential Penalty for selling an identifying card or document under NRS 207.330

The crime of selling an identifying card or document is a misdemeanor crime. As such, if convicted, a person can face:

• Up to $1000 fine
• Up to Six (6) months in a county jail
• Both

The crime of selling an identifying card or document can be considered an “add-on” crime, as there very well may have been some other underlying crime involved. For example, if the seller acquired the identifying card or document through theft or burglary, or has committed some other crime related to identity theft. In that situation, the seller of the identifying card or document could also be charged with theft, burglary, or the relevant identity theft statute. Most of these crimes carry harsher consequences and penalties than the actual selling of the identifying card or document.