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According to NRS 207.325, sending an unsolicited transmission of advertisement to a fax machine is a crime. Although fax machines are not used as often as they used to be, there are still laws on the books that were enacted with fax machines in mind. Fax machines are still used in many government offices, including Courthouses. Faxes can be time-intensive and costly to operate, for this reason, many states have taken a negative view towards ads sent through a fax machine. NRS 207.325 in Nevada’s version of this. This page will explain what the crime commercial bribery is, how to defend against this charge, and the potential penalties one might face if convicted of the crime.
Under Nevada law, it is a crime to “make or cause to be made” an unsolicited electronic or telephone transmission to a fax machine to solicit a person to buy property, goods, or services.
This is a fairly broad statute. Firstly, a mistake is not a defense to the crime. The statute says that any person who “makes or causes to make” an unsolicited advertisement to be sent through a fax machine is liable. There is no provision that requires the sender of the advertisement fax to know that it is being sent to an unsolicited fax machine or office. While the likelihood of a person being charged with this crime for accidentally sending an advertisement to the wrong number, is low, it would technically fall under the language of the state and be an illegal act. One way in which the statute is narrowed, however, is by requiring the advertisement fax be an advertisement for land, goods, or some other property. If a person sends a fax unsolicited that is not an advertisement for land, goods or some other property, then no other crime has been committed. The statute allows for unsolicited faxes to be sent, but only criminalized the act if the fax itself is an advertisement for a property.
If you or a loved one have been charged with this crime in Nevada, it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against a charge of commercial bribery:
The crime of unsolicited transmission of advertisement to a fax machine is a misdemeanor crime. As such, if convicted, a person can face:
If you have been charged with unsolicited advertisement from a fax machine, contact LV Criminal Defense today. Our attorneys are experienced in criminal matters. Though this crime is only a misdemeanor it can still have a tremendously negative impact on your life. Any criminal conviction, misdemeanor or not, must be disclosed on, for example, job applications. Our attorneys stand ready to provide a zealous and competent defense for you.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Miscellaneous Criminal Offenses Codified under Nevada Law