Comprehensive Overview (state-by-state) of the Legal Impact of wiretapping:
Nevada law environment regarding communication interception is best described as ambiguous. While statutes specifically address interception of wire communication, unauthorized disclosure of content of wire or radio communication, unauthorized connection with facilities, as well as surreptitious intrusion of privacy by listening device, it is unclear what type of unlawful actions they address and in what circumstances. For instance, precedent decisions of the Supreme Court seem to undermine the legislature, calling for an all-party consent approach with regard to interception of communications.
Further, the law also addresses peering, peeping or spying and capturing images of private area of another person.
Impact of law
Nev. Rev. Stat. 200.620 addresses interception of wire communication, setting an exception only in the case when an emergency situation exists and it is impractical to obtain a court order, thus only applying in the case of law enforcement actions. The law only addresses unlawful disclosure in the case of radio communications.
Nev. Rev. Stat. 200.650 addresses surreptitious intrusion of privacy, but only by listening to private conversations, deemed unlawful unless authorized by one of the persons engaging in the conversation. No specific reference is made to electronic communication.
An important element of the Nevada law is also the surreptitious nature of unlawful intrusion of privacy by either listening device or by spying on another person’s private place. It remains to be debated whether explicit recording of such circumstances is also covered by the law in the same sense.
References to Physical TSCM
The law uses brief terms and definitions to reference possible technical surveillance devices. Other than “the use of any mechanical, electronic or other listening device”, the law only mentions the “possession of a photographic or digital camera” as an aggravating circumstance in the case of spying on the dwelling of another.
References to Cyber TSCM
Nevada interception and invasion of privacy statutes do not mention either electronic communication, digital information, online transfers or other terms that may point to cyber means of eavesdropping.
Violations of the interception statute is a category D felony, punishable by imprisonment in the state prison for 1 to 4 years and a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
Anyone whose wire or oral communication has been intercepted in violation of the law is entitled to bring a civil suit to recover actual damages, punitive damages, attorney’s fees and litigation costs. Actual damages are computed at $100 a day for each day of violation or $1,000, whichever is greater.
Nev. Rev. Stat. 200.620 - Interception and attempted interception of wire communication prohibited; exceptions.
1. Except as otherwise provided, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:
(a) The interception or attempted interception is made with the prior consent of one of the parties to the communication; and
(b) An emergency situation exists and it is impractical to obtain a court order as required […]
Nev. Rev. Stat. 200.630 - Disclosure of existence, content or substance of wire or radio communication prohibited; exceptions.
1. Except as otherwise provided, a person shall not disclose the existence, content, substance, purport, effect or meaning of any wire or radio communication to any person unless authorized to do so by either the sender or receiver.
Nev. Rev. Stat. 200.650 - Unauthorized, surreptitious intrusion of privacy by listening device prohibited.
Except as otherwise provided, a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by the other persons, or disclose the existence, content, substance, purport, effect or meaning of any conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.
Nev. Rev. Stat. 200.690 - Penalties.
1. A person who willfully and knowingly violates NRS 200.620 to 200.650, inclusive:
(a) Shall be punished for a category D felony
(b) Is liable to a person whose wire or oral communication is intercepted without his or her consent for:
(1) Actual damages or liquidated damages of $100 per day of violation but not less than $1,000, whichever is greater;
(2) Punitive damages; and
(3) His or her costs reasonably incurred in the action, including a reasonable attorney’s fee,
all of which may be recovered by civil action.
Nev. Rev. Stat. 200.603 - Peering, peeping or spying through window, door or other opening of dwelling of another; penalties.
1. A person shall not knowingly enter upon the property or premises of another or upon the property or premises owned by him or her and leased or rented to another with the intent to surreptitiously conceal himself or herself on the property or premises and peer, peep or spy through a window, door or other opening of a building or structure that is used as a dwelling on the property or premises.
2. A person who violates subsection 1 is guilty of:
(a) If the person is in possession of a deadly weapon at the time of the violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) If the person is not in possession of a deadly weapon at the time of the violation, but is in possession of a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a gross misdemeanor.
(c) If the person is not in possession of a deadly weapon or a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a misdemeanor.
Nev. Rev. Stat. 200.604 - Capturing image of private area of another person […]
1. Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:
(a) Without the consent of the other person; and
(b) Under circumstances in which the other person has a reasonable expectation of privacy.
2. Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1.
3. A person who violates this section:
(a) For a first offense, is guilty of a gross misdemeanor.
(b) For a second or subsequent offense, is guilty of a category E felony.