NRS § 205.450 – False Personation – Nevada Law & Penalties

Nevada Revised Statutes § 205.450 prohibits false personation, which is falsely representing or impersonating someone else in a way that could potentially cause that person to suffer harm or incur liability. This offense is a category C felony punishable by 1 to 5 years in prison and up to $10,000 in fines.

The language of NRS 205.450 states that:

Every person who shall falsely represent or personate another, and, in such assumed character, shall marry another, become bail or surety for any party, in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety, or confess any judgment, or acknowledge the execution of any conveyance of real property, or of any other instrument which, by law, may be recorded, or do any other act in the course of any suit, proceeding or prosecution, whereby the person so represented or personated may be made liable, in any event, to the payment of any debt, damages, cost or sum of money, or his or her right or interest may, in any manner be affected, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding false personation in Nevada.

• 1. Elements of NRS 205.450
• 2. Penalties
• 3. Defenses
• 4. Impersonating a Police Officer
• 5. Record Seals
• Related Articles

1. Elements of NRS 205.450

For you to be convicted of personating another in Nevada, prosecutors have to prove beyond a reasonable doubt that you were falsely representing yourself as someone else in any of the following five circumstances:

1. getting married
2. making a real estate transaction
3. confessing to a crime or civil judgment
4. acting as bail or surety in any legal proceeding
5. doing any other act in the course of a lawsuit or proceeding that compromises another’s financial interests.

Nevada’s false impersonation law applies only when the person is trying to pass themself off as someone real – not a fictional character.¹

Note that prosecutors often bring false impersonation charges with additional criminal charges depending on the circumstances of the case. For example, false personation cases frequently involve

• larceny,
• receiving stolen property (NRS 205.275), and
• fraud as well.

2. Penalties

As a category C felony in Nevada, false personation carries:

• 1 to 5 years in Nevada State Prison, and
• Up to $10,000 in crimes (at the judge’s discretion)

Note that any property someone allegedly receives under an assumed persona will be considered stolen. In these situations, false impersonation charges may be accompanied by theft charges that carry similar felony penalties.²

3. Defenses

False impersonation charges should be dismissed if the defendant can show that he/she did not:

1. get married,
2. enter into a real estate transaction,
3. confess to a criminal offense or judgment in a civil action,
4. act as bail or surety in a legal proceeding, and/or
5. commit any other act in the course of a lawsuit or proceeding that compromises the financial interests of another person.

Another possible defense is that the defendant never made any false representations and that he/she was the victim of false allegations or a simple misidentification.

In some cases, judges will drop the charge if it turns out the police department committed misconduct in its criminal investigation. Examples include

• finding evidence through an illegal search and seizure,
• entrapping the defendant, or
• coercing a confession.

The case should be dismissed as long as the D.A. lacks sufficient evidence to prove guilt beyond a reasonable doubt.

4. Impersonating a Police Officer

Nevada law makes it a gross misdemeanor to falsely impersonate a public officer, such as a law enforcement agency officer or statesman. The penalties include:

• Up to 364 days in jail, and/or
• Up to $2,000 in fines.³

Learn more about false impersonation of a law enforcement officer (NRS 197.120).

5. Record Seals

Nevada false personation convictions must remain on defendants’ criminal records for five years before they can petition for a record seal. But if the charge gets dismissed, then the defendant can begin the record seal petition process right away.⁴

(Note that a conviction for false personation of a public officer must remain on a defendant’s criminal record for two year before he/she can ask for a record seal.)

Related Articles

• Nevada fake ID laws (NRS 205.460),
• identity theft,
• illegal use of personal identifying information (NRS 205.463),
• false statements related to health care (18 USC 1035),
• fraudulent conveyances (NRS 205.330),
• falsifying documents / forgery (NRS 205.090),
• obtaining money by false pretenses (NRS 205.380), and
• counterfeiting seals (NRS 205.175).

Legal References