§ 176A.413 — Restrictions relating to computers and use of Internet and other electronic means of communication; powers and duties of court; exceptions

Nevada § 176A.413

• Jurisdiction: Nevada
• Title 14: PROCEDURE IN CRIMINAL CASES
• Ch. 176A: Probation

Text

1. Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575 , an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730 , inclusive, luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of NRS 201.553 which involved the use of an electronic communication device and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400 , order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
2. The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:
(a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400 , order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 and includes, without limitation, an electronic communication device.
(b) “Electronic communication device” has the meaning ascribed to it in NRS 200.737 .
(c) “Network” has the meaning ascribed to it in NRS 205.4745 .
(d) “System” has the meaning ascribed to it in NRS 205.476 .
(e) “Text messaging” has the meaning ascribed to it in NRS 200.575 .

Legislative History

(Added to NRS by 2001, 2791 ; A 2003, 1383 ; 2009, 3010 ; 2019, 1809 ; 2023, 2469 )