Senate Bill No. 48–Committee on Judiciary
CHAPTER..........
AN ACT relating to technology; prohibiting various acts related to the Internet, networks, computers and electronic mail; prohibiting a person from committing certain acts that prevent, impede, delay or disrupt the normal operation or use of any Internet or network site, electronic mail address, computer, system or network; allowing victims of certain technological crimes to recover response costs in a civil action; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. “Internet or network site” means any identifiable site on
the Internet or on a network.
2. The term includes, without limitation:
(a) A website or other similar site on the World Wide Web;
(b) A site that is identifiable through a Uniform Resource Location;
(c) A site on a network that is owned, operated, administered or
controlled by a provider of Internet service;
(d) An electronic bulletin board;
(e) A list server;
(f) A newsgroup; or
(g) A chat room.
Sec. 3. 1. “Response costs” means any reasonable costs that arise
in response to and as a proximate result of a crime described in NRS
205.473 to 205.513, inclusive, and sections 2 and 3 of this act.
2. The term includes, without limitation, any reasonable costs to:
(a) Investigate the facts surrounding the crime;
(b) Ascertain or calculate any past or future loss, injury or other
damage;
(c) Remedy, mitigate or prevent any past or future loss, injury or other
damage; or
(d) Test, examine, restore or verify the integrity of or the normal
operation or use of any Internet or network site, electronic mail address,
computer, system, network, component, device, equipment, data,
information, image, program, signal or sound.
Sec. 4. NRS 205.473 is hereby amended to read as follows:
205.473 As used in NRS 205.473 to 205.513, inclusive, and sections 2
and 3 of this act, unless the context otherwise requires, the words and
terms defined in NRS 205.4732 to 205.476, inclusive, and sections 2 and
3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 205.4765 is hereby amended to read as follows:
205.4765 1. Except as otherwise provided in subsection 6, a person
who knowingly, willfully and without authorization:
(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 causes
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.
2. 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 causes 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.
3. 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 causes
to be accessed,
a computer, system or network is guilty of a misdemeanor.
4. 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.
5. 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.
6. 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 a public service, including,
without limitation, a governmental operation, a system of public
communication or transportation or a 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 may be 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.
Sec. 6. NRS 205.477 is hereby amended to read as follows:
205.477 1. Except as otherwise provided in subsections 3 and 4, a
person who knowingly, willfully and without authorization interferes with,
denies or causes the denial of access to or use of a computer, system or
network to a person who has the duty and right to use it is guilty of a
misdemeanor.
2. Except as otherwise provided in subsections 3 and 4, a person who
knowingly, willfully and without authorization uses, causes the use of,
accesses, attempts to gain access to or causes access to be gained
to a computer, system, network, telecommunications device,
telecommunications service or information service is guilty of a
misdemeanor.
3. If the violation of [subsection 1 or 2 was] 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 a public service,
including, without limitation, a governmental operation, a system of
public communication or transportation or a 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 may be 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.
4. It is an affirmative defense to a charge made pursuant to this section
that at the time of the alleged offense the defendant reasonably believed
that:
(a) He was authorized to use or access the computer, system, network,
telecommunications device, telecommunications service or information
service and such use or access by the defendant was within the scope of
that authorization; or
(b) The owner or other person authorized to give consent would
authorize the defendant to use or access the computer, system, network,
telecommunications device, telecommunications service or information
service.
5. A defendant who intends to offer an affirmative defense described
in subsection 4 at a trial or preliminary hearing must, not less than 14 days
before the trial or hearing or at such other time as the court may direct, file
and serve on the prosecuting attorney a written notice of that intent.
Sec. 7. NRS 205.492 is hereby amended to read as follows:
205.492 1. A person shall not willfully falsify or forge any data,
information, image, program, signal or sound that:
(a) Is contained in the header, subject line or routing instructions of an
item of electronic mail; or
(b) Describes or identifies the sender, source, point of origin or path of
transmission of an item of electronic mail,
with the intent to transmit or cause to be transmitted the item of electronic
mail to any Internet or network site or to the electronic mail address of
one or more recipients without their knowledge of or consent to the
transmission.
2. Except as otherwise provided in subsection [5,] 7, a person shall not
willfully transmit or cause to be transmitted an item of electronic mail to
any Internet or network site or to the electronic mail address of one or
more recipients without their knowledge of or consent to the transmission
if the person knows or has reason to know that the item of electronic mail
contains or has been generated or formatted with:
(a) An Internet domain name that is being used without the consent of
the person who holds the Internet domain name; or
(b) Any data, information, image, program, signal or sound that has
been used intentionally in the header, subject line or routing instructions of
the item of electronic mail to falsify or misrepresent:
(1) The identity of the sender; or
(2) The source, point of origin or path of transmission of the item of
electronic mail.
3. A person shall not knowingly sell, give or otherwise distribute or
possess with the intent to sell, give or otherwise distribute any data,
information, image, program, signal or sound which is designed or
intended to be used to falsify or forge any data, information, image,
program, signal or sound that:
(a) Is contained in the header, subject line or routing instructions of an
item of electronic mail; or
(b) Describes or identifies the sender, source, point of origin or path of
transmission of an item of electronic mail.
4. [A] Except as otherwise provided in subsection 7, a person shall
not willfully and without authorization transmit or cause to be
transmitted an item of electronic mail or any other data, information,
image, program, signal or sound to any Internet or network site, to the
electronic mail address of one or more recipients or to any other
computer, system or network:
(a) With the intent to prevent, impede, delay or disrupt the normal
operation or use of the Internet or network site, electronic mail address,
computer, system or network, whether or not such a result actually
occurs; or
(b) Under circumstances in which such conduct is reasonably likely to
prevent, impede, delay or disrupt the normal operation or use of the
Internet or network site, electronic mail address, computer, system or
network, whether or not such a result actually occurs.
5. Except as otherwise provided in subsection 6, a person who
violates any provision of this section is guilty of a misdemeanor.
[5.] 6. If the violation of any provision of subsection 4:
(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 a public service,
including, without limitation, a governmental operation, a system of
public communication or transportation or a 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 may be 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.
7. The provisions of [subsection] subsections 2 and 4 do not apply to a
provider of Internet service who, in the course of providing service,
transmits or causes to be transmitted an item of electronic mail on behalf
of another person, unless the provider of Internet service is the person who
first generates the item of electronic mail.
8. As used in this section, “item of electronic mail” includes, without
limitation:
(a) A single item of electronic mail;
(b) Multiple copies of one or more items of electronic mail;
(c) A collection, group or bulk aggregation of one or more items of
electronic mail;
(d) A constant, continual or recurring pattern or series of one or more
items of electronic mail; or
(e) Any other data, information, image, program, signal or sound that
is included or embedded in or attached or connected to one or more
items of electronic mail.
Sec. 8. NRS 205.511 is hereby amended to read as follows:
205.511 1. Any victim of a crime described in NRS 205.473 to
205.513, inclusive, and sections 2 and 3 of this act may bring a civil
action to recover:
(a) Damages for any response costs, loss or injury suffered as a result of
the crime;
(b) Punitive damages; and
(c) Costs and reasonable attorney’s fees incurred in bringing the civil
action.
2. A victim of a crime described in NRS 205.473 to 205.513,
inclusive, and sections 2 and 3 of this act may bring a civil action
pursuant to this section whether or not the person who committed the
crime is or has been charged with or convicted or acquitted of the crime
or any other offense arising out of the facts surrounding the crime.
3. The provisions of this section do not abrogate or limit the right of a
victim of a crime described in NRS 205.473 to 205.513, inclusive, and
sections 2 and 3 of this act to bring a civil action pursuant to any other
statute or the common law.
Sec. 9. NRS 205.513 is hereby amended to read as follows:
205.513 1. If it appears that a person has engaged in or is about to
engage in any act or practice which violates any provision of NRS 205.473
to 205.513, inclusive, and sections 2 and 3 of this act, the attorney general
or the appropriate district attorney may file an action in any court of
competent jurisdiction to prevent the occurrence or continuance of that act
or practice.
2. An injunction:
(a) May be issued without proof of actual damage sustained by any
person.
(b) Does not preclude the criminal prosecution and punishment of a
violator.
Sec. 10. The amendatory provisions of sections 5, 6 and 7 of this act
do not apply to offenses committed before October 1, 2001.
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