Nevada Statutory Criminal Law

  1. Computer Crime

    1. Introduction

      In Nevada, it is unlawful for a person to take or copy data, such as photos or videos, from a computer without authorization. This statute is particularly useful to victims of the nonconsensual online publication of private, intimate images if the images were taken from the victim’s computer without his/her authorization.

    2. Text of the Statute

      Nev. Rev. Stat. § 205.4765

      “1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

      (a) Modifies;

      (b) Damages;

      (c) Destroys;

      (d) Discloses;

      (e) Uses;

      (f) Transfers;

      (g) Conceals;

      (h) Takes;

      (i) Retains possession of;

      (j) Copies;

      (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or

      (l) Enters,

      data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.

      […]

      3. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

      (a) Destroys;

      (b) Damages;

      (c) Takes;

      (d) Alters;

      (e) Transfers;

      (f) Discloses;

      (g) Conceals;

      (h) Copies;

      (i) Uses;

      (j) Retains possession of; or

      (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed, a computer, system or network is guilty of a misdemeanor.”1

    3. Cases

      Research is ongoing.

    4. Practice Pointers

      Although the case did not involve private, intimate images, in Oracle USA, Inc. v. Rimini St., Inc.,2 the court recognized Plaintiffs’ claim for violation of Nev. Rev. Stat. § 205.4765 after Defendants “knowingly, and without authorization, obtain[ed] or attempt[ed] to obtain access to [Plaintiff] Oracle’s software and support materials, including at least 100,000 unauthorized files by using automated search crawlers to cull restricted and unauthorized information.”3 While the Court did not reach the merits of the case, it found Plaintiff had made a sufficient showing of facts to survive a motion to dismiss Plaintiff’s NRS § 205.4765 claim.

    1. Nev. Rev. Stat. Ann. § 205.4765 (LexisNexis 2011). 

    2. Oracle USA, Inc. v. Rimini St., Inc., 2010 U.S. Dist. LEXIS 84254, (D. Nev. Aug. 13, 2010). 

    3. Id. at *11. 

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  2. Eavesdropping

    1. Introduction

      This statute may be applicable in a situation where a victim’s private, intimate moments were recorded on video and included a conversation between the victim and another person and the video was subsequently published online without the victim’s consent. Note that in order for this statute to apply, the person who recorded the victim must not have been a party to the victim’s conversation.1 A violation of this statute constitutes a category D felony.2

    2. Text of the Statute

      Nev. Rev. Stat. § 200.620

      “1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, 209.419 and 704.195, 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 by NRS 179.410 to 179.515, inclusive, before the interception, in which event the interception is subject to the requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that:

      (1) The communication was intercepted; and

      (2) Upon application to the court, ratification of the interception was denied.”3

      Nev. Rev. Stat. § 200.630

      1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, 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.”4

      Nev. Rev. Stat. § 200.650

      “Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, 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.”5

    3. Cases

      Research is ongoing.

    4. Practice Pointers

      A victim of eavesdropping may also bring a civil suit under Nev. Rev. Stat. § 200.690(1)(b).

      It is not clear from the statute or case law whether the recording of sexual activity without accompanying conversation would be actionable under this statute, nor is it apparent to what extent phone calls made via cellular phone, Skype or other internet-based means are covered. It is also unclear whether text messaging is covered by the statute.

      The Nevada Supreme Court has recognized that a motel desk clerk’s inadvertent eavesdropping on a private telephone conversation falls under the exception in Nev. Rev. Stat. § 200.630(2) “for persons engaged in the business of providing service and facilities for [communication by wire] where the interception is to operate the service or facilities.”6 In Koza, the Defendant was arrested after a motel desk clerk overheard Defendant’s telephone conversation in which he appeared to be planning a robbery. The court reasoned that “Because the motel was engaged in the business of providing telephone service and the desk clerk was operating the service when he inadvertently overheard part of defendant’s conversation, we hold that the initial interception was not unlawful and, therefore, subject to disclosure at trial.”7 It is not clear if Koza would apply to the interception of electronic or cell phone communications by providers of such services.

    1. See Lane v. Allstate Ins. Co., 969 P.2d 938 (Nev. 1998). 

    2. Nev. Rev. Stat. § 200.690(1)(a). 

    3. Nev. Rev. Stat. Ann. § 200.620 (LexisNexis 2011). 

    4. Nev. Rev. Stat. Ann. § 200.630 (LexisNexis 2011). 

    5. Nev. Rev. Stat. Ann. § 200.650 (LexisNexis 2011). 

    6. Koza v. State, 681 P.2d 44, 48 (Nev. 1984). 

    7. Id. 

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  3. Cyberbullying

    1. Introduction

      Under certain circumstances, a person may be charged with a misdemeanor or gross misdemeanor for harassing and/or threatening with bodily injury or death a pupil or employee of a school district or charter school. This statute may be applicable in a case involving the nonconsensual online publication of private, intimate images of a school employee or pupil, if the publication of the images is part of a harassment or intimidation campaign against the employee or student.

    2. Text of the Statute

      Nev. Rev. Stat. § 392.915 [Effective June 30, 2010.]

      “1. A person shall not, through the use of any means of oral, written or electronic communication, including, without limitation, through the use of cyber-bullying, knowingly threaten to cause bodily harm or death to a pupil or employee of a school district or charter school with the intent to:

      (a) Intimidate, harass, frighten, alarm or distress a pupil or employee of a school district or charter school;

      (b) Cause panic or civil unrest; or

      (c) Interfere with the operation of a public school, including, without limitation, a charter school.”1

    3. Cases

      Research is ongoing.

    1. Nev. Rev. Stat. Ann. § 392.915 (LexisNexis 2011). 

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  4. Capturing an Image of the Private Area of Another Person

    1. Introduction

      Capturing and/or publishing or distributing an image of the private area of another person obtained without the consent of that person and “under circumstances in which [that] person has a reasonable expectation of privacy” constitutes a gross misdemeanor for the first offense in Nevada, and a category E felony for any subsequent offense(s).1 This statute would be applicable if a victim’s private, intimate image exposing his/her “private area” was taken without his/her consent in her bedroom (or any other place where s/he had a reasonable expectation of privacy) and subsequently published online.

    2. Text of the Statute

      Nev. Rev. Stat. § 200.604

      “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.

      […]

      8. As used in this section:

      (b) “Capture,” with respect to an image, means to videotape, photograph, film, record by any means or broadcast.

      […]

      (d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.

      (e) “Under circumstances in which the other person has a reasonable expectation of privacy” means:

      (1) Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of his or her private area would be captured; or

      (2) Circumstances in which a reasonable person would believe that his or her private area would not be visible to the public, regardless of whether the person is in a public or private place.”2

    3. Cases

      Research is ongoing.

    4. Practice Pointers

      Note that even if the publisher or distributor of the offending material did not capture the material him/herself, s/he will be liable under this statute as long as s/he knew or had reason to know that it was obtained in violation of Nev. Rev. Stat. § 200.604(1).3

    1. Nev. Rev. Stat. § 200.604 (LexisNexis 2011). 

    2. Nev. Rev. Stat. § 200.604 (LexisNexis 2011). 

    3. Nev. Rev. Stat. Ann. § 200.604(2) (LexisNexis 2011). 

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  5. Obscene, Threatening or Annoying Telephone Calls

    1. Introduction

      It is unlawful for a person to call another and speak obscenities to him/her or to threaten to injure his/her property or a family member. This statute may be applicable in a situation involving the nonconsensual publication of another person’s private, intimate images, if in addition to publishing the images, the perpetrator calls the victim to harass him/her in a manner described in Nev. Rev. Stat. § 201.255.

    2. Text of the Statute

      Nev. Rev. Stat. § 201.255

      “1. Any person who willfully makes a telephone call and addresses any obscene language, representation or suggestion to or about any person receiving such call or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of the person’s family is guilty of a misdemeanor.

      2. Every person who makes a telephone call with intent to annoy another is, whether or not conversation ensues from making the telephone call, guilty of a misdemeanor.”1

    3. Cases

      Research is ongoing.

    1. Nev. Rev. Stat. Ann. § 201.255 (LexisNexis 2011). 

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  6. Falsifying Electronic Mail

    1. Introduction

      It is unlawful for a person to falsify the identity of the sender or origin of an electronic mail. Violation of this statute is a misdemeanor.1 This statute would be applicable if, for example, a person published the private, intimate images of another without his/her consent by impersonating that person and distributing the images through electronic mail.

    2. Text of the Statute

      Nev. Rev. Stat. § 205.492

      “1. A person shall not willfully falsify or forge any data, information, image, program, signal or sound that:

      (a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or

      (b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail, with the intent to transmit or cause to be transmitted the item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission.

      2. Except as otherwise provided in subsection 7, a person shall not willfully transmit or cause to be transmitted an item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:

      (a) An Internet domain name that is being used without the consent of the person who holds the Internet domain name; or

      (b) Any data, information, image, program, signal or sound that has been used intentionally in the header, subject line or routing instructions of the item of electronic mail to falsify or misrepresent:

      (1) The identity of the sender; or

      (2) The source, point of origin or path of transmission of the item of electronic mail.”2

    3. Cases

      Research is ongoing.

    1. Nev. Rev. Stat. Ann. § 205.492(5) (LexisNexis 2011). 

    2. Nev. Rev. Stat. Ann. § 205.492 (LexisNexis 2011). 

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  7. Extortion

    1. Introduction

      It is unlawful to extort a person in order to, among other things, obtain money, property, or influence the course of a lawsuit. This statute may be applicable in a case involving the nonconsensual publication of a person’s private, intimate images. Such a situation could arise, for example, if a perpetrator threatened to publish a victim’s intimate images unless the victim paid him/her or changed his/her testimony at a particular trial.

    2. Text of the Statute

      Nev. Rev. Stat. § 205.320

      “A person who, with the intent to extort or gain any money or other property or to compel or induce another to make, subscribe, execute, alter or destroy any valuable security or instrument or writing affecting or intended to affect any cause of action or defense, or any property, or to influence the action of any public officer, or to do or abet or procure any illegal or wrongful act, whether or not the purpose is accomplished, threatens directly or indirectly:

      1. To accuse any person of a crime;

      2. To injure a person or property;

      3. To publish or connive at publishing any libel;1

      4. To expose or impute to any person any deformity or disgrace;2 or

      5. To expose any secret3

      is guilty of 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 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.”4

    3. Cases

      Research is ongoing.

    1. In Phillips v. State, the Nevada Supreme Court defined the meaning of “libel” in Nev. Rev. Stat. § 205.320 as “the publication of a false statement of fact.” Phillips v State, 119 P.3d 711, 713 (Nev. 2005). 

    2. The Phillips court defined “disgrace” as it applies to Nev. Rev. Stat. § 205.320 as “to humiliate or cause loss of favor or standing.” Id. 

    3. ”Secret” is defined as “a fact that is unfavorable to the interest of a person and unknown to the public and that a person would wish to conceal.” Id

    4. Nev. Rev. Stat. Ann. § 205.320 (LexisNexis 2011). 

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  8. Defamation – Libel

    1. Introduction

      Nevada law imposes criminal liability for the following acts involving libel: publication of libel, as well as the threat of publication of libel;1 an extortion attempt involving the publication of libel;2 and providing a statement to a publisher or professional publication source that would be libelous if published.3 This statute may be applicable in a case involving the threatened or actual nonconsensual publication of private, intimate images if the publication of the material includes libelous statements about the victim, such as stating that the victim is infected with a sexually transmitted disease, is a sex worker, or is an actor/actress in pornographic films.

    2. Text of the Statute

      Nev. Rev. Stat. 200.510

      “1. A libel is a malicious defamation, expressed by printing, writing, signs, pictures or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt or ridicule.

      2. Every person, whether the writer or publisher, convicted of the offense is guilty of a gross misdemeanor.”4

      Nev. Rev. Stat. § 200.520

      “Any method by which matter charged as libelous may be communicated to another shall be deemed a publication thereof.”5

      Nev. Rev. Stat. § 200.550

      “Every person who shall willfully state, deliver or transmit by any means whatever to any manager, editor, publisher, reporter or other employee of a publisher of any newspaper, magazine, publication, periodical or serial any statement concerning any person or corporation which, if published therein, would be a libel shall be guilty of a misdemeanor.”6

      Nev. Rev. Stat. § 200.560

      “Every person who shall threaten another with the publication of a libel concerning the latter, or his or her spouse, parent, child or other family member, and every person who offers to prevent the publication of a libel upon another person upon condition of the payment of, or with intent to extort, money or other valuable consideration from any person, shall be guilty of a gross misdemeanor.”7

    3. Cases

      Research is ongoing.

    4. Practice Pointers

      Per Nev. Rev. Stat. § 2200.510(2), both the writer and publisher of libel may be convicted of a gross misdemeanor.

    1. Nev. Rev. Stat. §§ 200.510(2) and 200.560. 

    2. Nev. Rev. stat. § 200.560. 

    3. Nev. Rev. Stat. § 550. 

    4. Nev. Rev. Stat. Ann. § 200.510 (LexisNexis 2011). 

    5. Nev. Rev. Stat. Ann. § 200.520 (LexisNexis 2011). 

    6. Nev. Rev. Stat. Ann. § 200.550 (LexisNexis 2011). 

    7. Nev. Rev. Stat. Ann. § 200.560 (LexisNexis 2011). 

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  9. Threatening or Obscene Letters or Writings

    1. Introduction

      This statute prohibits a person from sending or delivering a letter to another person threatening to accuse him/her of criminal conduct or to expose his/her infirmities or failings. It also makes it a crime to send or deliver a letter threatening to wound, kill, or destroy another person’s property. Additionally, this statute prohibits someone from anonymously writing and sending/delivering a letter containing obscene language or pictures. This statute may be applicable in a situation involving the nonconsensual publication of private, intimate images if, for example, a person threatens the subject of the photos via a letter or writing with publishing the images along with statements concerning the person’s failings and/or accusing the person of a crime. Furthermore, this statute assigns criminal liability to a person who anonymously distributes letters containing another’s private, intimate images if the images could be considered obscene.

    2. Text of the Statute

      Nev. Rev. Stat. § 207.180

      “1. Any person who knowingly sends or delivers any letter or writing:

      (a) Threatening to accuse another of a crime or misdemeanor, or to expose or publish any of the other person’s infirmities or failings, with intent to extort money, goods, chattels or other valuable thing; or

      (b) Threatening to maim, wound, kill or murder, or to burn or destroy the house or other property of another person, or to accuse another of a crime or misdemeanor, or expose or publish any of the other person’s infirmities, though no money, goods, chattels or other valuable thing be demanded,

      is guilty of a misdemeanor.

      2. Any person who:

      (a) Writes and sends, or writes and delivers, either through the mail, express, by private parties or otherwise, any anonymous letter, or any letter bearing a fictitious name, charging any person with crime; or

      (b) Writes and sends any anonymous letter or letters bearing a fictitious name, containing vulgar or threatening language, obscene pictures, or containing reflections upon his or her standing in society or in the community,

      is guilty of a misdemeanor.”1

    3. Cases

      Research is ongoing.

    4. Practice Pointers

      It is not clear whether electronic means of sending and delivering letters or writings, such as via email, are covered by this statute.

    1. Nev. Rev. Stat. Ann. § 207.180 (LexisNexis 2011). 

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  10. Harassment

    1. Introduction

      It is unlawful for a person to threaten to physically injure the body or property of another person or to commit an act that would substantially harm the other person’s physical or mental well-being. This statute may be applicable in a situation where the nonconsensual publication of private, intimate images was accompanied by threats or actions constituting harassment. A violation of this statute is a misdemeanor for the first offense and a gross misdemeanor for any subsequent offenses.1

    2. Text of the Statute

      Nev. Rev. Stat. § 200.571

      “1. A person is guilty of harassment if:

      (a) Without lawful authority, the person knowingly threatens:

      (1) To cause bodily injury in the future to the person threatened or to any other person;

      (2) To cause physical damage to the property of another person;

      (3) To subject the person threatened or any other person to physical confinement or restraint; or

      (4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and

      (b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.”2

    3. Cases

      Research is ongoing.

    4. Practice Pointers

      There is no civil claim for harassment available to a victim in Nevada.3 However, a victim of harassment can seek a restraining order against his/her harasser.4

    1. Nev. Rev. Stat. Ann. § 200.571(2) (LexisNexis 2011). 

    2. Nev. Rev. Stat. Ann. § 200.571 (LexisNexis 2011). 

    3. Wellesley v. Chief Fin. Officer, 2010 U.S. Dist. LEXIS 73388, *4 (D. Nev. July 20, 2010). 

    4. Nev. Rev. Stat. Ann. § 200.591 (LexisNexis 2011). 

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  11. Peeping

    1. Introduction

      Depending on the circumstances of the situation, a person may be charged with a misdemeanor, gross misdemeanor, or felony for invading the privacy of another by peeping and/or recording another person without their knowledge or consent. This statute would be applicable if the victim’s private, intimate images were captured without the victim’s knowledge or consent and subsequently published online.

    2. Text of the Statute

      Nev. Rev. Stat. § 200.603

      “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.”1

    3. Cases

      Research is ongoing.

    1. Nev. Rev. Stat. Ann. § 200.603 (LexisNexis 2011). 

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  12. Stalking

    1. Introduction

      Depending on the circumstances, stalking may be a misdemeanor, gross misdemeanor or felony. This statute may be applicable in a case of the nonconsensual publication of a person’s private, intimate images if the stalker’s conduct makes the victim feel terrorized, intimidated or fearful for the safety of a family member. Additionally, online publication of the victim’s images that increases the likelihood that the victim will be a target of harm or violence constitutes a felony.1 Such a situation may occur if, for example, the victim’s images are published along with statements ascribing a rape fantasy to the victim.

    2. Text of the Statute

      Nev. Rev. Stat. § 200.575

      “1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking […].

      2. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking.

      3. A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.2

    3. Cases

      Research is ongoing.

    4. Practice Pointers

      There is no civil claim for stalking available to a victim in Nevada.3 However, a victim of stalking can seek a restraining order against his/her stalker.4

    1. Nev. Rev. Stat. Ann. § 200.575(3) (LexisNexis 2011). 

    2. Nev. Rev. Stat. Ann. § 200.575 (LexisNexis 2011). 

    3. See Burriola v. State, 2009 U.S. Dist. LEXIS 67357, *12 (Nev. May 7, 2009). 

    4. Nev. Rev. Stat. Ann. § 200.591 (LexisNexis 2011). 

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  13. Trespassing

    1. Introduction

      Trespassing onto the property of another in order to annoy the owner or occupant, or to commit an unlawful act, such as peeping or eavesdropping, constitutes a misdemeanor. This statute may be applicable in a situation involving the nonconsensual publication of private, intimate images if the perpetrator trespassed onto the victim’s property to obtain the images.

    2. Text of the Statute

      Nev. Rev. Stat. § 207.200

      “1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

      (a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act […]

      is guilty of a misdemeanor.”1

    3. Cases

      Research is ongoing.

    1. Nev. Rev. Stat. Ann. § 207.200 (LexisNexis 2011). 

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  14. Intimidation of a Witness

    1. Introduction

      It is unlawful for a person to influence, or attempt to influence, another not to report a crime or to obstruct the course of justice through intimidation. This statute may be applicable in a situation involving the nonconsensual publication of private, intimate images if the publication of the images, or the threat to publish them, was used to influence or intimidate a witness. Depending on the circumstances of the case, violation of this statute ranges from being a gross misdemeanor to a felony.

    2. Text of the Statute

      Nev. Rev. Stat. § 199.230

      “A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:

      1. Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

      2. Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.”1

      Nev. Rev. Stat. § 299.240

      “A person who:

      […]

      2. Uses any force, threat, intimidation or deception with the intent to:

      (a) Influence the testimony of any witness or person who may be called as a witness in an official proceeding;

      (b) Cause or induce him or her to give false testimony or to withhold true testimony; or

      (c) Cause or induce him or her to withhold a record, document or other object from the proceeding,

      is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $50,000.”2

      Nev. Rev. Stat. § 199.305

      “1. A person who, by intimidating or threatening another person, prevents or dissuades a victim of a crime, a person acting on behalf of the victim or a witness from:

      (a) Reporting a crime or possible crime […] is guilty of a category D felony and shall be punished as provided in NRS 193.130.”3

    3. Cases

      Research is ongoing.

    1. Nev. Rev. Stat. Ann. § 199.230 (LexisNexis 2011). 

    2. Nev. Rev. Stat. Ann. § 199.240 (LexisNexis 2011). 

    3. Nev. Rev. Stat. Ann. § 199.305 (LexisNexis 2011). 

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  15. Unlawful Acts Motivated by Characteristics of the Victim

    1. Introduction

      In Nevada, particular unlawful acts motivated by the victim’s “perceived race, color, religion, national origin, physical or mental disability or sexual orientation” constitute gross misdemeanors.1 Additionally, a greater penalty may be imposed for crimes enumerated in the statute if certain key characteristics of the victim are different than those of the perpetrator.2 This statute would be appropriate if the victim of the nonconsensual publication of private, intimate images is also the victim of one or more of the acts covered by these statutes, such as harassment; stalking; threatening or obscene letter or writings; or trespass,

    2. Text of the Statute

      Nev. Rev. Stat. § 207.185

      “Unless a greater penalty is provided by law, a person who, by reason of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of another person or group of persons, willfully violates any provision of NRS 200.471 and 200.481 [assault and battery]; 200.5099 [abuse of older and vulnerable persons]; 200.571 [harassment]; 200.575 [stalking]; 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119 [crimes against public peace]; 206.010, 206.040, 206.140, 206.200 and 206.310 [malicious mischief]; 207.180 [threatening or obscene letters or writings]; 207.200 [trespass]; or 207.210 [destruction of signs or notices forbidding trespass] is guilty of a gross misdemeanor.”

      Nev. Rev. Stat. § 193.1675 – Additional penalty

      “1. Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280 [mayhem], 200.310[kidnapping], 200.366 [sexual assault], 200.380 [robbery], 200.400 [battery],200.460 to 200.465 [involuntary servitude], inclusive, paragraph (b) of subsection 2 of NRS 200.471 [assault and battery], NRS 200.508 [abuse and neglect of children], 200.5099 [abuse of older and vulnerable persons] or subsection 2 of NRS 200.575 [stalking] because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator may, in addition to the term of imprisonment prescribed by statute for the crime, 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 20 years.

      […]

      3. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

    3. Cases

      Research is ongoing.

    1. Nev. Rev. Stat. Ann. § 207.185 (LexisNexis 2011). 

    2. Nev. Rev. Stat. Ann. § 193.1675 (LexisNexis 2011). 

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