Law / United States / 
Nevada
Nevada Interception, Eavesdropping and Disclosure of Communications Statute
NRS 200.620, 200.630, 200.650, 200.690
In force.
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
What it requires
- Do not intercept a telephone call or other wire communication, which includes writing, signals and pictures sent by wire or cable, on one party's consent alone; the section permits it only with one party's prior consent together with an emergency that makes a court order impractical, followed by an application for a judge's ratification within 72 hours.
- Do not surreptitiously listen to, monitor or record a private conversation of other persons with a listening device unless one of the persons engaged in it authorizes you.
- Do not disclose the existence, content or substance of a wire or radio communication to anyone unless the sender or the receiver authorized the disclosure.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A person who willfully and knowingly violates the interception, disclosure or eavesdropping sections is punished for a category D felony under NRS 193.130.
Penalty structure
NRS 200.690(1)(a) punishes a willful and knowing violation of NRS 200.620 to 200.650 as a category D felony as provided in NRS 193.130, which sets imprisonment of 1 to 4 years and a fine of not more than $5,000 unless a greater fine is authorized or required by statute. The liquidated and punitive damages in NRS 200.690(1)(b) are private recovery and are not part of this ceiling.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 5,000
Statutory damages
Actual damages or liquidated damages of $100 a day of violation but not less than $1,000, whichever is greater, plus punitive damages and reasonable attorney's fees.
- As of
- Currency
- USD
- Per person minimum
- 1,000
Who enforces it
Enforcement body
A private civil action under NRS 200.690; criminal prosecution by the State.
Settledness
- As of
- Open questions
- Does 'wire communication' in NRS 200.610(2), the transmission of sounds 'by wire, cable, or other similar connection', reach a voice call carried over the internet?
What this law does
Nevada makes it unlawful for any person to intercept or attempt to intercept a wire communication unless the interception has the prior consent of one of the parties and an emergency makes it impractical to obtain a court order first, in which case the person must apply to a Supreme Court justice or district judge for ratification within 72 hours; one party's consent alone does not make an interception lawful.
A wire communication is the transmission of writing, signs, signals, pictures and sounds of all kinds by wire, cable or similar connection, and the chapter does not define intercept. The section does not apply to a provider of wire communication service, or its staff, intercepting to construct, maintain or operate its service.
A separate section bars surreptitiously listening to, monitoring or recording a private conversation engaged in by other persons with a listening device, unless one of the persons engaging in the conversation authorizes it, so one participant's authorization is enough for an in-person conversation.
Disclosing the existence, content or substance of a wire or radio communication to anyone is barred unless the sender or the receiver authorized the disclosure, apart from a service provider's disclosures to operate its service, to the intended receiver, or under a subpoena or other lawful demand.
A willful and knowing violation of any of these sections is a category D felony and gives the person whose wire or oral communication was intercepted without consent a civil action for actual damages or liquidated damages of $100 a day of violation but not less than $1,000, whichever is greater, plus punitive damages and attorney's fees. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings or deploys a chatbot.
Back to the example · Lint your app
Page updated .