NRS § 465.070 makes it a felony to commit gaming fraud in Nevada, such as using insider information to place bets. Cheating at gambling (NRS 465.083) is a related offense that can overlap with gaming fraud.
Common Types of Gaming Fraud
- Changing outcomes: Altering or misrepresenting a game result after it is determined but before players learn it;
- Insider information: Changing a bet or play based on information about an outcome or outcome-affecting event that is not available to all players;
- Wrongful taking: Fraudulently collecting winnings without a qualifying wager or claiming more than was won;
- Manipulating devices: Tampering with a gaming device with the intent to cheat; or
- Bribery: Offering something of value to influence the outcome of a race, sporting event, contest, or game on which a wager may be made.
Penalties
- First violation: Category C felony, punishable by one to five years in prison and a possible fine of up to $10,000.
- Subsequent violation (of NRS 465.070 – .086): Category B felony, punishable by one to six years in prison and a possible fine of up to $10,000.
The court must also order benefits from the violation paid to the State Treasurer.
In this article, our Las Vegas criminal defense attorneys address the following key issues regarding Nevada gaming fraud laws:
1. Elements of NRS 465.070
Nevada Revised Statute 465.070 criminalizes 10 specific fraudulent acts involving gambling. For a conviction under NRS 465.070, prosecutors must prove beyond a reasonable doubt that you committed at least one of the following acts:
- You altered or misrepresented the outcome of a game or other event on which wagers have been made after the outcome was made sure but before it was revealed to the players; or
- You placed, increased, or decreased a bet or determined the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affected the outcome of the game or which was the subject of the bet, or you aided anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome; or
- You claimed, collected, or took, or attempted to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or you claimed, collected or took an amount greater than the amount won; or
- You knowingly enticed or induced another to go to any place where a gambling game was being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game; or
- You placed or increased a bet after acquiring knowledge of the outcome of the game or other event which was the subject of the bet, including past-posting and pressing bets; or
- You reduced the amount wagered or cancelled the bet after acquiring knowledge of the outcome of the game or other event which was the subject of the bet, including pinching bets.
- You manipulated, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.
- You offered, promised, or gave anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or you placed, increased, or decreased a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager was placed, increased or decreased; or
- You changed or altered the normal outcome of any game played on an interactive gaming system or the way in which the outcome was reported to any participant in the game; or
- You violated any provision of NRS 465.070 through any agreement with a player, participant, judge, referee, manager, coach or other official, if such an agreement was made with the intent for the player, participant, judge, referee, manager, coach or other official to use less than their best efforts to win, judge, referee, manage, coach or officiate, to limit a margin of victory or to adversely affect the outcome of a sporting event.
You do not have to place a bet yourself to face a charge under this statute. For example, the law expressly prohibits helping another person obtain nonpublic knowledge of an outcome or an event affecting it for the purpose of changing a bet or the course of play.
Example: After a game result has been determined but before it is revealed to the players, an employee privately tells a player the result so the player can increase a bet. Depending on the evidence, the player’s bet and the employee’s assistance may violate NRS 465.070(2).
The statute also does not require the bet to win: Changing a bet or play after acquiring the specified nonpublic knowledge can itself violate the law.
Meanwhile, ordinary guesses about a favorable game or a “hot” deck do not, by themselves, establish the knowledge described in that subsection.1
Detaining Suspects
A gaming licensee or its staff may question you if they suspect you of violating Chapter 465 of the Nevada Revised Statutes, which includes gaming fraud.
If they have probable cause to believe a violation occurred in the establishment, they may detain you there in a reasonable manner and for a reasonable time.2 A suspected violation may also be investigated by gaming regulators or law enforcement.
Attempts and Conspiracies
A separate statute, NRS 465.088(2), makes it a crime to attempt or conspire to commit gaming fraud, even if you never play the game yourself.
In State v. Wilcox (Nev. 1989) 776 P.2d 549, the Nevada Supreme Court held that Nevada could prosecute a gaming conspiracy formed in Arizona when co-conspirators carried out the plan in a Nevada casino, even though the defendant may not personally have acted in Nevada.
Gaming Fraud v. Cheating
NRS 465.083 prohibits cheating at a gambling game, such as altering the elements of chance or the criteria that determine a game’s result or payout. An example is crimping cards.
In contrast, NRS 465.070 prohibits specific fraudulent acts, including changing a bet after learning the outcome and manipulating a gaming device with the intent to cheat.3
In practice, these two crimes often overlap. They also carry the same penalties.
2. Defenses
Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have represented countless people charged with gambling-related crimes, including gaming fraud. In our experience, these four defenses may be useful in fighting NRS 465.070 charges:
- No fraud occurred. Perhaps law enforcement presumed you were committing fraud when, in reality, you were just being a savvy or lucky gambler. If the D.A. cannot prove your actions met the requirements of the charged subsection, your case should be dropped.
- You were falsely accused. Perhaps someone levied false allegations against you out of anger, revenge, or a genuine misunderstanding. We would investigate the accuser’s motive and impeach their credibility in an attempt to show that the accusations are untrue.
- The police violated your Fourth Amendment rights. The police may have conducted an unlawful search when investigating gambling fraud. In this case, we would file a motion to suppress evidence asking the judge to disregard any evidence procured from the unconstitutional police actions. If the court grants the motion, the D.A. may be forced to drop the charge for lack of proof.
- The charge was changed too late. In 2019, the Nevada Supreme Court reversed a gaming fraud conviction after the prosecution changed its theory of the case immediately before trial, depriving the defendant of a fair opportunity to prepare.4
3. Penalties
Fraudulent acts concerning gaming are always felonies in Nevada.
A first violation of NRS 465.070 (or any provision through NRS 465.086) is a category C felony, punishable by one to five years in prison and a possible fine of up to $10,000.
A second or subsequent violation of any of those provisions is a category B felony, punishable by one to six years in prison and a possible fine of up to $10,000.
NRS 465.088 separately makes an attempt or conspiracy to violate these provisions a category C felony, punishable by one to five years in prison and a possible fine of up to $10,000.5
In addition to incarceration and fines, the court must order any profits, gains, gross receipts, or other benefits from the violation paid to the State Treasurer for deposit in the State General Fund.
Unlawful Dissemination of Racing Information
Under NRS 465.090, you may not send racing information from Nevada to a point outside Nevada by a covered communication method with the intent that it be used to induce wagering or decide a wager. The law has exceptions for general circulation newspapers and information about wagers in an approved off-track pari-mutuel system.
A violation is a category B felony punishable by one to six years in prison and/or a fine of up to $5,000.6
Frequently Asked Questions
Can I get arrested for using a device to help me win at a casino?
Yes, depending on the device and how it was used.
NRS 465.075 prohibits using or possessing with intent to use certain devices or software designed to gain an advantage at a game, unless the device is part of an approved game or is otherwise permitted by the Nevada Gaming Commission. NRS 465.070(7) separately addresses manipulating a component of a gaming device contrary to its normal operation, with the intent and knowledge specified in that subsection. NRS 465.085 covers certain unlawful modifications to gaming equipment.
However, in Childs v. State (Nev. 1991) 816 P.2d 1079, the Nevada Supreme Court reversed an NRS 465.070(7) conviction for pulling a slot-machine handle in an unusual way without damaging the machine. The court again reversed a conviction involving the same type of conduct in Childs v. State (Nev. 1993) 864 P.2d 277. An unusual handle pull alone should not be treated as automatic proof of a crime.
In these types of cases, we would examine how the device works, whether it altered the game, and what the person knew or intended. A device allegation does not by itself identify which gaming statute was violated.
Are counterfeit casino chips covered by NRS 465.070?
Counterfeit chips are expressly addressed by NRS 465.080, a separate gaming statute. A person who uses them might face additional charges if the facts satisfy another provision, but possessing or using a counterfeit chip should not automatically be described as an NRS 465.070 violation. Either way, NRS 465.070 and NRS 465.080 carry the same penalties.
When fighting these cases, we look at the chips, transaction records, and surveillance footage to determine what the evidence shows about possession, use, and knowledge.
What if I was mistaken for the person who cheated?
Mistaken identity may be a defense when the evidence does not reliably connect the accused person to the alleged conduct. Sometimes police mistakenly arrest the wrong person in busy, crowded places like casinos.
We tell clients to preserve anything that may establish where they were and what they did, including receipts, messages, and potential witnesses. Casino footage should be reviewed in context rather than relying on a single image.
Is using marked cards gaming fraud in Nevada?
Using marked cards may violate Nevada’s cheating law, NRS 465.083. Making or distributing cards intended for cheating may also violate NRS 465.085. Whether the conduct violates NRS 465.070 depends on whether prosecutors can prove the requirements of a particular subsection; using marked cards alone does not establish every type of fraud listed there.
In Sheriff of Washoe County v. Martin (Nev. 1983) 662 P.2d 634, the Nevada Supreme Court held that crimping cards to reveal their values could constitute cheating under NRS 465.083.
In these cases, typical evidence we rely on includes surveillance footage, eyewitness accounts, recorded communications, and the cards themselves.
Additional Resources
If you or someone you know is struggling with a gambling addiction, refer to the following:
- Gamblers Anonymous – 12-step program for people with gambling problems.
- National Problem Gambling Helpline Network – Call 1-800-GAMBLER for local resources, including in Nevada.
- Compulsive Gambling – Information from the Mayo Clinic.
- How gambling affects the brain and who is most vulnerable to addiction – Article from the American Psychological Association.
- Gambling Addiction: Resources, Statistics, and Hotlines – Information compiled by the University of Nevada, Reno.
See our related articles on unpaid casino markers (NRS 205.130) and unlawful acts involving gaming devices (NRS 465.085). Also see Can I be arrested or sued for cheating at a casino in Nevada?
Visit the Nevada Gaming Control Board for more information.
Legal References
- NRS 465.070 – Fraudulent acts.
It is unlawful for any person:
1. To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.
2. To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome.
3. To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.
4. Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game.
5. To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.
6. To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.
7. To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.
8. To offer, promise or give anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager is placed, increased or decreased.
9. To change or alter the normal outcome of any game played on an interactive gaming system or the way in which the outcome is reported to any participant in the game.
10. To violate any provision of this section through any agreement with a player, participant, judge, referee, manager, coach or other official, if such an agreement is made with the intent for the player, participant, judge, referee, manager, coach or other official to use less than his or her best efforts to win, judge, referee, manage, coach or officiate, to limit a margin of victory or to adversely affect the outcome of a sporting event.
- NRS 465.101.
- In Moore v. State (Nev. 1984) 100 Nev. 698, the Nevada Supreme Court held that NRS 465.083 is a lesser included offense of NRS 465.070(1) when the same conduct alters a game’s outcome after the result is determined but before it is revealed.
- In Manning v. State (Nev. 2019) No. 74982, the Nevada Supreme Court reversed a gaming fraud conviction after the prosecution changed its theory immediately before trial and the defendant lacked a fair opportunity to prepare. The unpublished order concerns notice and trial fairness; it did not decide that adding a chip after cards are dealt was lawful.
- NRS 465.088; NRS 193.130(2)(c).
- NRS 465.090.
