NRS 41.705 Definitions. As used in NRS 41.705 to 41.735, inclusive, unless the context otherwise requires, the words and terms defined in NRS 41.710 to 41.725, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1255)
NRS 41.710 “Advertisement” defined. “Advertisement” means material that:
1. Advertises for commercial purposes the availability or the quality of real property, goods or services; or
2. Is otherwise designed or intended to solicit a person to purchase real property, goods or services. (Added to NRS by 1997, 1256)
NRS 41.715 “Electronic mail” defined. “Electronic mail” means a message, a file or other information that is transmitted through a local, regional or global network, regardless of whether the message, file or other information is:
electronic mail. (Added to NRS by 1997, 1256)
NRS 41.720 “Network” defined. “Network” means a network comprised of one or more computers that may be accessed by a modem, electronic or optical technology, or other similar means.
(Added to NRS by 1997, 1256)
NRS 41.725 “Recipient” defined. “Recipient” means a person who receives an item of electronic mail.
(Added to NRS by 1997, 1256)
1. Except as otherwise provided in NRS 41.735, if a person transmits or causes to be transmitted to a recipient an item of electronic mail that includes an advertisement, the person is liable to the recipient for civil damages unless:
2. Unless a greater amount of damages is provided pursuant to subsection 3, if a person is liable to a recipient pursuant to subsection 1, the recipient may recover from the person:
3. If a person is liable to a recipient pursuant to subsection 1 and the person:
(f) Obtained the electronic mail address of the recipient through a method that was not authorized by the recipient,
the recipient may recover actual damages or damages of $500 per item of electronic mail received, whichever is greater, and attorney’s fees and costs.
4. In addition to any other recovery that is allowed pursuant to subsection 2 or 3, the recipient may apply to the district court of the county in which the recipient resides for an order enjoining the person from transmitting to the recipient any other item of electronic mail that includes an advertisement.
(Added to NRS by 1997, 1256; A 2003, 340)
(Added to NRS by 1997, 1256)
NRS 201.256 Definitions. As used in NRS 201.256 to 201.2655, inclusive, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 513; A 1997, 1314, 2662)
NRS 201.2565 “Distribute” defined. “Distribute” means to transfer possession with or without consideration.
(Added to NRS by 1997, 2662)
NRS 201.257 “Harmful to minors” defined. “Harmful to minors” means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and is without serious literary, artistic, political or scientific value.
(Added to NRS by 1969, 513; A 1981, 1689)
1. A book, pamphlet, magazine, newspaper, printed advertising or other printed or written material;
2. A motion picture, photograph, picture, drawing, statue, sculpture or other visual representation or image; or
3. A transcription, recording or live or recorded telephone message. (Added to NRS by 1997, 2662)
NRS 201.259 “Minor” defined. “Minor” means any person under the age of 18 years, but as applied to the showing of a motion picture excludes any person employed on the premises where the motion picture is shown.
(Added to NRS by 1969, 513)
NRS 201.2595 “Motion picture” defined. “Motion picture” means a film or a video recording, whether or not it has been rated appropriate for a particular audience, that is:
• and includes, without limitation, a cartoon or an animated film. (Added to NRS by 1997, 1314; A 1997, 2663)
3. The depiction of the human male genitals in a discernible turgid state whether or not covered. (Added to NRS by 1969, 513; A 1999, 1360)
1. Flagellation or torture practiced by or upon a person whether or not clad in undergarments, a mask or bizarre costume; or
2. The condition of being fettered, bound or otherwise physically restrained. (Added to NRS by 1969, 513; A 1981, 1689)
NRS 201.263 “Sexual conduct” defined. “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals or pubic area. (Added to NRS by 1969, 513)
NRS 201.264 “Sexual excitement” defined. “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.
(Added to NRS by 1969, 513)
NRS 201.265 Unlawful acts; penalty. Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560, a person is guilty of a misdemeanor if the person knowingly:
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of:
5. Misrepresents his age as 18 or over for the purpose of obtaining:
6. Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and
(b) Is labeled, in a prominent and conspicuous location, “Adults Only.”
(Added to NRS by 1969, 513; A 1971, 161, 495; 1981, 1689; 1995, 952; 1997, 1314, 2662; 2003, 430, 1375)
NRS 201.2655 Exemptions. The provisions of NRS 201.256 to 201.2655, inclusive, do not apply to:
1. A university, community college, school, museum or library which is operated by or which is under the direct control of this state or a political subdivision of this state; or
2. An employee or independent contractor of an institution listed in subsection 1, if the employee or
independent contractor is acting within the scope of his employment or contractual relationship. (Added to NRS by 1997, 2662)
NRS 205.473 Definitions. As used in NRS 205.473 to 205.513, inclusive, unless the context otherwise requires, the words and terms defined in NRS 205.4732 to 205.476, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1983, 1203; A 1991, 50; 1999, 2707; 2001, 1240)
NRS 205.4732 “Access” defined. “Access” means to intercept, instruct, communicate with, store data in, retrieve from or otherwise make use of any resources of a computer, network or data.
(Added to NRS by 1991, 49)
NRS 205.4735 “Computer” defined. “Computer” means an electronic device which performs logical, arithmetic and memory functions by manipulations of electronic or magnetic impulses and includes all equipment related to the computer in a system or network.
(Added to NRS by 1983, 1203)
1. “Computer contaminant” means any data, information, image, program, signal or sound that is designed or has the capability to:
(a) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record or transmit; or
(b) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded or transmitted,
• any other data, information, image, program, signal or sound contained in a computer, system or network without the knowledge or consent of the person who owns the other data, information, image, program, signal or sound or the computer, system or network.
2. The term includes, without limitation:
(a) A virus, worm or trojan horse; or
(b) Any other similar data, information, image, program, signal or sound that is designed or has the capability to prevent, impede, delay or disrupt the normal operation or use of any component, device, equipment, system or network.
(Added to NRS by 1999, 2703)
NRS 205.474 “Data” defined. “Data” means a representation in any form of information, knowledge, facts, concepts or instructions which is being prepared or has been formally prepared and is intended to be processed, is being processed or has been processed in a system or network.
(Added to NRS by 1983, 1203)
NRS 205.4742 “Encryption” defined. “Encryption” means the use of any protective or disruptive measure, including, without limitation, cryptography, enciphering, encoding or a computer contaminant, to:
system or network. (Added to NRS by 1999, 2704)
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1. “Information service” means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound by means of any component, device, equipment, system or network, including, without limitation, by means of:
(a) A computer, computer system, computer network, modem or scanner.
2. The term does not include a community antenna television company, as defined in NRS 711.030. (Added to NRS by 1999, 2704)
(c) A site on a network that is owned, operated, administered or controlled by a provider of Internet service;
NRS 205.4745 “Network” defined. “Network” means a set of related, remotely connected devices and facilities, including more than one system, with the capability to transmit data among any of the devices and facilities. The term includes, without limitation, a local, regional or global computer network.
(Added to NRS by 1983, 1203; A 1999, 2707)
NRS 205.475 “Program” defined. “Program” means an ordered set of data representing coded instructions or statements which can be executed by a computer and cause the computer to perform one or more tasks.
(Added to NRS by 1983, 1203)
NRS 205.4755 “Property” defined. “Property” means anything of value and includes a financial instrument, information, electronically produced data, program and any other tangible or intangible item of value.
(Added to NRS by 1983, 1203)
NRS 205.4757 “Provider” defined. “Provider” means any person who provides an information service.
(Added to NRS by 1999, 2704)
NRS 205.4758 “Provider of Internet service” defined. “Provider of Internet service” means any provider who provides subscribers with access to the Internet or an electronic mail address, or both.
(Added to NRS by 1999, 2704)
1. “Response costs” means any reasonable costs that arise in response to and as a proximate result of a crime described in NRS 205.473 to 205.513, inclusive.
2. The term includes, without limitation, any reasonable costs to:
(d) Test, examine, restore or verify the integrity of or the normal operation or use of any Internet or network site, electronic mail address, computer, system, network, component, device, equipment, data, information, image, program, signal or sound.
(Added to NRS by 2001, 1240)
NRS 205.476 “System” defined. “System” means a set of related equipment, whether or not connected, which is used with or for a computer.
(Added to NRS by 1983, 1203)
1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
• data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.
2. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
• equipment or supplies that are used or intended to be used in 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 computer, system or network is guilty of a misdemeanor.
4. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
• a device used to access a computer, network or data is guilty of a misdemeanor.
5. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.
6. If the violation of any provision of this section:
(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,
• the person 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 $100,000. In addition to any other penalty, the court shall order the person to pay restitution.
(Added to NRS by 1983, 1203; A 1991, 50; 1995, 1228; 1999, 2707; 2001, 1240)
3. If the violation of any provision of this section:
(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,
• the person 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 $100,000. In addition to any other penalty, the court shall order the person to pay restitution.
4. It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the defendant reasonably believed that:
5. A defendant who intends to offer an affirmative defense described in subsection 4 at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
(Added to NRS by 1983, 1204; A 1991, 51; 1995, 1229; 1999, 2709; 2001, 1242)
NRS 205.481 Forgery by creation, alteration or deletion of data, information, image, program, signal or sound contained in computer. A person who knowingly, willfully and without authorization creates, alters or deletes any data, information, image, program, signal or sound contained in
any computer, system or network which, if done on a written or printed document or instrument, would constitute forgery pursuant to NRS 205.090 or 205.095, is guilty of forgery which is a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1991, 49; A 1995, 1229; 1999, 2709)
1. A person shall not willfully use or attempt to use encryption, directly or indirectly, to:
2. A person who violates any provision of this section:
(Added to NRS by 1999, 2704; A 2001, 2789)
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:
3. A person shall not knowingly sell, give or otherwise distribute or possess with the intent to sell, give or otherwise distribute any data, information, image, program, signal or sound which is designed or intended to be used to 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.
4. Except as otherwise provided in subsection 7, a person shall not willfully and without authorization transmit or cause to be transmitted an item of electronic mail or any other data, information, image, program, signal or sound to any Internet or network site, to the electronic mail address of one or more recipients or to any other computer, system or network:
5. Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a misdemeanor.
6. If the violation of any provision of subsection 4:
(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,
• the person 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 $100,000. In addition to any other penalty, the court shall order the person to pay restitution.
7. The provisions of subsections 2 and 4 do not apply to a provider of Internet service who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the provider of Internet service is the person who first generates the item of electronic mail.
8. As used in this section, “item of electronic mail” includes, without limitation:
attached or connected to one or more items of electronic mail. (Added to NRS by 1999, 2704; A 2001, 1243)
1. A provider of Internet service shall keep confidential:
4. As used in this section, “provider of Internet service” means a provider of Internet service who
charges a subscriber for access to the Internet or the electronic mail address of the subscriber. (Added to NRS by 1999, 2705)
1. It is unlawful for a person knowingly and with the intent to avoid payment in full for the service obtained to:
(2) Perform or facilitate an act prohibited by paragraphs (a) to (d), inclusive.
• Intent to violate this paragraph for commercial advantage or financial gain may be inferred if the circumstances, including, without limitation, quantity or volume, indicate possession for resale.
2. This section does not prohibit or restrict a holder of an amateur service license issued by the Federal Communications Commission from possessing or using a radio receiver or transceiver that is intended primarily for use in the amateur radio service and is used for lawful purposes.
3. A person who violates any provision of this section is guilty of a category D felony and shall be
punished as provided in NRS 193.130. (Added to NRS by 1993, 871; A 1997, 491; 1999, 2710)
NRS 205.509 Presumption of authority of employee. An employee is presumed to have the authority to access and use:
1. A computer, system or network owned or operated by his employer; and
2. Any supporting document to and any data, information, image, program, signal or sound contained in such a computer, system or network,
• unless the presumption is overcome by clear and convincing evidence to the contrary. (Added to NRS by 1991, 50; A 1999, 2710)—(Substituted in revision for NRS 205.485)
1. Any victim of a crime described in NRS 205.473 to 205.513, inclusive, may bring a civil action to recover:
2. A victim of a crime described in NRS 205.473 to 205.513, inclusive, may bring a civil action pursuant to this section whether or not the person who committed the crime is or has been charged with or convicted or acquitted of the crime or any other offense arising out of the facts surrounding the crime.
3. The provisions of this section do not abrogate or limit the right of a victim of a crime described in
NRS 205.473 to 205.513, inclusive, to bring a civil action pursuant to any other statute or the common law. (Added to NRS by 1999, 2706; A 2001, 1244)
1. If it appears that a person has engaged in or is about to engage in any act or practice which violates any provision of NRS 205.473 to 205.513, inclusive, the Attorney General or the appropriate district
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attorney may file an action in any court of competent jurisdiction to prevent the occurrence or continuance of that act or practice.
2. An injunction: