NRS
200.604 Capturing image of private area of another person; distributing,
disclosing, displaying, transmitting or publishing image of private area of
another person; penalties; exceptions; confidentiality of image.
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. Unless a greater penalty is provided
pursuant to NRS 200.780 or 212.188, 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 and shall be punished as provided in NRS 193.130.
4. This section does not prohibit any
lawful law enforcement or correctional activity, including, without limitation,
capturing, distributing, disclosing, displaying, transmitting or publishing an
image for the purpose of investigating or prosecuting a violation of this
section.
5. If a person is charged with a violation
of this section, any image of the private area of a victim that is contained
within:
(a) Court records;
(b) Intelligence or investigative data, reports
of crime or incidents of criminal activity or other information;
(c) Records of criminal history, as that term is
defined in NRS 179A.070; and
(d) Records in the Central Repository for Nevada
Records of Criminal History,
Ê is
confidential and, except as otherwise provided in subsections 6 and 7, must not
be inspected by or released to the general public.
6. An image that is confidential pursuant
to subsection 5 may be inspected or released:
(a) As necessary for the purposes of
investigation and prosecution of the violation;
(b) As necessary for the purpose of allowing a
person charged with a violation of this section and his or her attorney to
prepare a defense; and
(c) Upon authorization by a court of competent
jurisdiction as provided in subsection 7.
7. A court of competent jurisdiction may
authorize the inspection or release of an image that is confidential pursuant
to subsection 5, upon application, if the court determines that:
(a) The person making the application has
demonstrated to the satisfaction of the court that good cause exists for the
inspection or release; and
(b) Reasonable notice of the application and an
opportunity to be heard have been given to the victim.
8. As used in this section:
(a) “Broadcast” means to transmit electronically
an image with the intent that the image be viewed by any other person.
(b) “Capture,” with respect to an image, means to
videotape, photograph, film, record by any means or broadcast.
(c) “Female breast” means any portion of the
female breast below the top of the areola.
(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.
(Added to NRS by 2007,
642; A 2015,
899, 2239)
HAZING
Notes of Decisions
Cited in
4
cases, 2014–2018 · leading case:
Coleman v. State, 416 P.3d 238 (Nev. 2018).
Coleman v. State, 416 P.3d 238 (Nev. 2018).
· cites it 28× “: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
· cites it 50× “: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
· cites it 50× “: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
— Nev. Rev. Stat. § 200.604(1) — 3 cases
Coleman v. State, 416 P.3d 238 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
— Nev. Rev. Stat. § 200.604(2) — 3 cases
Coleman v. State, 416 P.3d 238 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
— Nev. Rev. Stat. § 200.604(8) — 3 cases
Coleman v. State, 416 P.3d 238 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
— Nev. Rev. Stat. § 200.604(8)(b) — 3 cases
Coleman v. State, 416 P.3d 238 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).
“: NRS 200.604 prohibits a person from knowingly and intentionally capturing an image of another person's private area without her consent, under circumstances in which she has a reasonable expectation of privacy.”
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