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Can I tape in Nevada?

Nev. Rev. Stat. Ann. � 200.620: The Nevada wiretapping statute provides that it is a crime for anyone to "intercept" or disclose the contents of any wire communication, but that no illegal activity occurs when the interception is made "with the prior consent of one of the parties to the communication" and "an emergency situation exists."

In December 1998, the state's highest court stated in a 3-2 decision that the wiretapping statutes require that an individual obtain the consent of all parties before taping a telephone conversation, and thus, that an individual who tapes his own telephone calls without the consent of all participants unlawfully "intercepts" those calls. Lane v. Allstate Ins. Co., 969 P.2d 938 (Nev. 1998).

In addition, it is a criminal invasion of privacy to secretly listen to, record or disclose the contents of any private conversation "engaged in by other persons" through use of any mechanical or electronic device, "unless authorized to do so by one of the persons engaging in the conversation." Nev. Rev. Stat. Ann. � 200.650.

Nevada statutory provisions also make it a crime to disclose the existence or contents of any wire or radio communication without permission from the sender or receiver. Nev. Rev. Stat. Ann. � 200.630. Violations of the statutes can be punished as felonies and carry civil liability for actual damages, $100 per day of violation or $1,000 � whichever is greater. In civil cases, punitive damages, costs and attorney fees also can be recovered. Nev. Rev. Stat. Ann. � 200.690.

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