Unlawful acts related to personal information

Nevada Attorney Defines Unlawful Acts With Personal Information

The state of Nevada has strong protections in place to allow people to safeguard their personal information and to punish those who misuse the personal identifying information of others. In fact, there are strict criminal laws that impose harsh penalties upon those who engage in identity theft or who engage in any type of criminal conduct related to personal identifying information.
Depending upon a defendant’s specific actions, a defendant could potentially be charged with a felony, a gross misdemeanor, or a misdemeanor offense if the defendant engages in wrongdoing in connection with personal identifying details. The laws regarding ID can be confusing, so it is important for those accused of wrongdoing to consult with a Vegas defense lawyer who is familiar with Nevada’s penal code and who can provide personalized advice.
LV Criminal Defense has represented many defendants accused of various types of misconduct related to personally identifying information and we can put our knowledge of Nevada law to work on your case so you can get the best outcomes possible if you’ve been charged with an offense. To find out more about the ways in which our compassionate and knowledgeable legal team can assist you as you fight criminal charges, give us a call today.

Nevada Criminal Laws on Unlawful Acts Regarding Personal Identifying Information

Nevada criminalizes many different types of behavior, and there are different chapters of the penal code that include details about various types of criminal misconduct.
One Chapter, Chapter 205, deals with property offenses. In the property offenses chapter of the Nevada penal code, there are different subcategories of offenses as well. One such subcategory includes statutes defining unlawful acts regarding personal identifying information.
This subcategory contains the Nevada Revised Statute section 205.461 through 205.4657. The relevant statutes within the subcategory of Chapter 205 that relate to unlawful acts regarding personal identifying information include the following 19 statutes:
– Nevada Revised Statute section 205.461 Definitions.
– Nevada Revised Statute section 205.4611 “Artificial person” defined.
– Nevada Revised Statute section 205.4613 “Document” defined.
– Nevada Revised Statute section 205.4615 “Older person” defined.
– Nevada Revised Statute section 205.4617 “Personal identifying information” defined.
– Nevada Revised Statute section 205.462 “Public body” defined.
– Nevada Revised Statute section 205.4623 “Public employee” defined.
– Nevada Revised Statute section 205.4627 “Public officer” defined.
– Nevada Revised Statute section 205.4629 “Vulnerable person” defined.
– Nevada Revised Statute Section 205.463 Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for another unlawful purpose; penalties; the rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
– Nevada Revised Statute Section 205.464 Obtaining, using, possessing or selling personal identifying information for the unlawful purpose by the public officer or public employee; penalties; the rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
– Nevada Revised Statute Section 205.465 Possession or sale of a document or personal identifying information to establish false status or identity; penalties; the rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.
– Nevada Revised Statute Section 205.4651 Identity theft program card: Application; issuance; presentation to law enforcement agency or creditors; discretion to accept or reject program card; application not public record; regulations; acceptance of gifts, grants, and donations.
– Nevada Revised Statute Section 205.46513 Establishing or possessing financial forgery laboratory unlawful; penalty; expert testimony.
– Nevada Revised Statute section 205.46515 Capturing, storing, reading, retaining, using or disclosing information from radio frequency identification document of another person; penalty.
– Nevada Revised Statute section 205.46517 Court records.
– Nevada Revised Statute section 205.4653 Prosecution regardless of whether a person whose personal identifying information was stolen is living or deceased, is an artificial person or suffers financial loss or injury.
– Nevada Revised Statute section 205.4655 Exempt persons.
– Nevada Revised Statute section 205.4657 Defenses not available; jurisdiction.
It is important that you understand what each statute specifically prohibits with regards to personal identifying information and what the elements of the offense are. This is part of why there are so many specific definitions contained within the subsection of Chapter 205 related to unlawful acts regarding personal identifying information.
These definitions apply throughout the rest of the chapter and dictate who constitutes, for example, an old or a vulnerable person as harsher penalties can apply in circumstances where the personal identifying information of a vulnerable victim is impacted by unlawful activity.
Prosecutors must prove every element of each offense in order for a defendant to be convicted of a crime related to unlawfully using personal identifying information. If you can introduce reasonable doubt about any specific element of the offense, you should be acquitted and avoid consequences.

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