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Unlawful acts related to information services and computers

NRS 205.4735 – Summary of Unlawful Acts Involving Computers and Information Services

When someone is alleged to have committed an unlawful act that involves a computer, multiple computers, or information services in general, they could be subject to potential criminal prosecution pursuant to the provisions set forth in Nevada Revised Statutes (NRS) 205.4732 through 205.476.

What Exactly is Considered a “Computer” under Nevada Law?

According to NRS 205.4735, a “computer” is defined as an electronic device that 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.

What Exactly is Considered an “Information Service” under Nevada Law?

According to NRS 205.4743, “information service” is defined as 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.

(b) A telephone, cellular phone, satellite phone, pager, a personal communications device or facsimile machine.

(c) Any type of transmitter or receiver.

(d) Any other component, device, equipment, system or network that uses analog, digital, electronic, electromagnetic, magnetic or optical technology.

It is worth noting that “information service” does not include video service.

Overview of Unlawful Acts Involving Computers or Information Services

Pursuant to NRS 205.4765, if someone knowingly, willfully and without authorization engages in any of the actions below, they could be charged criminally under this statute and possibly convicted of a misdemeanor offense.

(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 cause 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.

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

(a) Modifies;

(b) Destroys;

(c) Uses;

(d) Takes;

(e) Damages;

(f) Transfers;

(g) Conceals;

(h) Copies;

(i) Retains possession of; or

(j) Obtains or attempts to obtain access to, permits access to or cause to be accessed, equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.

  1. 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 cause to be accessed,

a computer, system or network is guilty of a misdemeanor.

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

(a) Obtains and discloses;

(b) Publishes;

(c) Transfers; or

(d) Uses,

a device used to access a computer, network or data is guilty of a misdemeanor.

  1. 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.
  2. If the violation of any provision of this section:

(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

(b) Caused response costs, loss, injury or other damage in excess of $500; or

(c) Caused an interruption or impairment of public service, including, without limitation, a governmental operation, a system of public communication or transportation or 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 maybe 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.

  1. The provisions of this section do not apply to a person performing any testing, including, without limitation, penetration testing, of an information system of an agency that uses the equipment or services of the Division of Enterprise Information Technology Services that is authorized by the Administrator of the Division of Enterprise Information Technology Services or the head of the Office of Information Security of the Division. As used in this subsection:

(a) The information system has the meaning ascribed to it in NRS 242.057.

(b) Penetration testing has the meaning ascribed to it in NRS 242.171.

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If you or a family member has been charged with allegedly committing a crime in or around Las Vegas, NV involving a computer or information services, take action by contacting our law firm today to schedule a free, confidential case review.

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