Nevada recording law stipulates that it is a one-party consent state in cases of oral communication. In Nevada, it is a criminal offense to use any device to record, obtain, share or use oral conversations without the consent of at least one person taking part in the communication. However, the recording or sharing of wire conversations require the consent of all involved parties. This means that in Nevada, you are legally allowed to record an oral conversation if you are a contributor, or with prior consent from one of the involved parties, but you need the consent of everyone involved to record wire communications. Wired communication refers to the transmission of data, so even if it’s a wireless device such as a cellphone it is still considered to be wired communication. Examples of wired communications are cell phones, land lines, zoom calls, and VOIP.
We consider Nevada to be a mixed-consent state as the law is different depending on whether it is oral or wire (phone) communication.
There may be a stipulation which provides for emergency situations concerning wire conversations where a court order is not possible. This exception allows that in such situations, a wire communication can be recorded with the consent of one involved party. Nev. Rev. Stat. §§ 200.620, 200.650 (2011).
Nevada law states that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. Nev. Rev. Stat. § 200.620.
You may not record, obtain, share or use oral conversations that you are not a part of without the consent of one contributing party. Wire communications cannot be recorded or shared without the consent of all involved parties.
This state does make an exception in cases of oral conversations where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy.
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
Getting verbal or written consent prior to the recording being made.
A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
An audible beep tone being repeated at steady intervals during the duration of the conversation.
Nevada Video Recording Laws
It is against the law to knowingly and intentionally record an image of the intimate parts or undergarments of another person without that person’s consent and in situations where that person has a reasonable expectation of privacy. Nev. Rev. Stat. § 200.604(1). For example, recording the intimate parts of a person using a restroom or changing room is illegal because that person is in a place where there is a reasonable expectation of privacy.
It is also illegal to disseminate, publish, or display materials obtained in violation of the above section. Nev. Rev. Stat. § 200.604(2)
If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.
Are Surveillance Cameras Legal in Nevada?
Recording surveillance video in Nevada is completely legal, however, NRS 200.604 prohibits you from capturing private areas or the private areas of anyone else. What this means is that you are allowed to put surveillance cameras in areas where there is no expectation of privacy.
Additionally, as Nevada is a one-party consent state in order to record audio you will need to gain the consent of at least one party. Because of this, it is best practice to not record audio when you are utilizing surveillance cameras.
Examples of Legal Recordings of Confidential Communication in Nevada
Hitting record on your phone prior to going into a meeting with your boss.
Using a recording device to record a meeting at a restaurant.
Recording a public demonstration or speech.
Examples of Illegal Recordings in Nevada
In Nevada, it is against the law to make a recording of a conversation that you are not taking a part in. Some examples of this would be:
Leaving a recording device in a room after you leave to record a conversation you are not part of.
Recording a telephone conversation without informing the other party. Nevada specifically references that wire communications must gain the consent of all parties.
Aiming a surveillance camera into an area of a neighbour’s home where there is an expectation of privacy such as an interior window or bedroom.
Penalties:
Nev. Rev. Stat. § 200.690: The illegal recording of oral or electronic conversations are considered a felony.
Nev. Rev. Stat. § 200.604(3)(a)(b): Violating Nevada’s video recording laws is considered a gross misdemeanor for a first offense. For a second or subsequent offence, the violation is considered a category E felony. Gross misdemeanors are punishable by imprisonment in the county jail for not more than 364 days, or by a fine not exceeding $2,000, or by both fine and imprisonment. Category E felonies are punishable by imprisonment of 1 to 4 years.
