Nevada § 200.620 - Interception and attempted interception of wire communication prohibited; exceptions

§ 200.620. Interception and attempted interception of wire communication prohibited; exceptions

1. Except as otherwise provided in subsection 5 and NRS 179.410 to 179.515 , inclusive, 209.419 and 704.195 , it is unlawful for any person to intercept or attempt to intercept any wire communication

unless: (a) The interception or attempted interception is made with the prior consent of one

of the parties to the communication; and (b) An emergency situation exists and it is impractical to obtain a court order as

required by NRS 179.410 to 179.515 , inclusive, before the interception, in which event the interception is subject to

the requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information

so intercepted is unlawful, and the person who made the interception shall notify

the sender and the receiver of the communication that: (1) The communication was intercepted; and (2) Upon application to the court, ratification of the interception was denied. 2. This section does not apply to any person, or to the officers, employees or agents

of any person, engaged in the business of providing service and facilities for wire

communication where the interception or attempted interception is to construct, maintain,

conduct or operate the service or facilities of that person. 3. Any person who has made an interception in an emergency situation as provided in

paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written

application to a justice of the Supreme Court or district judge for ratification of

the interception. The interception must not be ratified unless the applicant shows that: (a) An emergency situation existed and it was impractical to obtain a court order

before the interception; and (b) Except for the absence of a court order, the interception met the requirements

of NRS 179.410 to 179.515 , inclusive. 4. NRS 200.610 to 200.690 , inclusive, do not prohibit the recording, and NRS 179.410 to 179.515 , inclusive, do not prohibit the reception in evidence, of conversations on wire communications

installed in the office of an official law enforcement or fire-fighting agency, or

a public utility, if the equipment used for the recording is installed in a facility

for wire communications or on a telephone with a number listed in a directory, on

which emergency calls or requests by a person for response by the law enforcement

or fire-fighting agency or public utility are likely to be received. In addition, those sections do not prohibit the recording or reception in evidence

of conversations initiated by the law enforcement or fire-fighting agency or public

utility from such a facility or telephone in connection with responding to the original

call or request, if the agency or public utility informs the other party that the

conversation is being recorded. 5. The interception or attempted interception of a wire communication is not unlawful

under the circumstances set forth in subsection 1 of NRS 179.463 .