Nevada Recording Laws

Nevada Recording Law Summary:Nevada Recording Law

Is Nevada a One Party Consent State?

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.

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.

Personal Conversations:

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 exceptions 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)

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.

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