Nevada is famous for many reasons, not least of all Las Vegas, but it has a lot more to offer. The desert state has a reasonable cost of living, a thriving economy, no state income tax, and lots of amazing sites. Yet, even with all the perks, Nevada has the fifth-highest property crime rate in the mountain region.
Nevada has specific requirements regarding security cameras and video surveillance. That’s why it’s a good idea to learn about the laws and regulations in Nevada that pertain to video surveillance before installing or upgrading your security system. This article will cover some frequently asked questions regarding the security camera laws in Nevada.
Security Camera Laws in Nevada FAQs:
- Is video surveillance legal in Nevada?
- Is Nevada a One Party Consent State?
- Is audio surveillance legal in Nevada?
- Do you have to post a sign for video surveillance in Nevada?
- What are the workplace surveillance laws in Nevada?
Is video surveillance legal in Nevada?
The use of video surveillance in Nevada is legal. However, using any device to record, obtain, share, or use oral conversations without the consent of at least one person participating in the communication is illegal in Nevada. This means that you can legally record an oral conversation in Nevada if you are a contributor or have previous authorization from one of the people engaged. Still, you must have the approval of all parties concerned to record wire communications.
2021 Video Surveillance Laws in Nevada
Nevada did not have any new video surveillance laws passed in 2021. Most of the laws related to video surveillance in Nevada pertain to NRS 200.604, which is the law that prohibits taking photos or videos of other people without their consent in places where there is a reasonable expectation of privacy.
Nevada Audio and Video Penalties
In Nevada, secretly recording an oral communication without the consent of at least one party is prohibited. If Nevada’s video surveillance rules are not followed, fines and civil penalties may be applied as follows:
- First offense: Violating Nevada’s video recording laws is considered a gross misdemeanor for a first offense.
- Second or subsequent offense: This is considered a category E felony. Gross misdemeanors are punishable by imprisonment in the county jail for not more than 364 days, or by a fine not exceeding $2,000, or by both.
Is Nevada a One Party Consent State?
Nevada is considered both a One-Party and an All-Party Consent State, in that, at least one person or all persons (depending on the presiding law) involved in the recorded communication must give permission.
Technically, Nevada has a “one-party consent” law, which means that an individual can record conversations they are a part of without the other person’s consent. However, Nevada’s Supreme Court has interpreted it as an all-party consent law, thus making Nevada a so-called “Mixed Consent State“. While this may be a bit confusing, a general rule of thumb that will avoid most legal challenges is to avoid recording audio without permission.
All-party consent State
All-party also known as a two-party consent state, means that for the audio recording to be taken legally, all parties involved need to communicate that recording the conversation is okay. As such, state law requires that all parties that partake in a conversation must have given consent to audio electronic communication.
Nevada One-Party Consent State
Nevada, along with 36 other states and Washington D.C. are considered a one-party consent state. When it comes to one-party consent, the conventional rule is that if you are there during the conversation, you are authorized to record it. Nevada prohibits recording, accessing, sharing, or using oral conversations without the approval of at least one person involved in the communication. This includes video surveillance cameras with audio and two-way talk functions.
Is audio surveillance legal in Nevada?
Under Nevada law, it is illegal to secretly record an oral communication without the consent of at least one party. The Nevada Supreme Court ruled that all parties must consent to a telephonic conversation being recorded. An illegal recording is a felony that can result in civil penalties as well.
Nevada law clearly prohibits the intrusion of privacy using “listening devices” unless one of the parties involved gives consent. The good news is that modern security cameras can now be used as listening devices as most of them have audio and two-way talk features.
Surveillance Cameras in Las Vegas
Surveillance cameras in Las Vegas are widely used. As of 2021, the latest figures indicate that Las Vegas has 10,208 cameras for every 651,319 individuals, which amounts to 15.67 cameras per 1,000 people.
In 2021, 37 surveillance cameras were installed along Las Vegas Boulevard, from Russell Road to Sahara Avenue, with a $350,000 federal grant. The overt, pan-tilt-zoom cameras were attached to traffic poles and casino roofs to provide law enforcement with clear footage up along the boulevard. The footage is stored for 14 days and is an excellent example of the security value of video surveillance.
In Nevada, do I need to post a video surveillance notice?
You are not required to post a notification of video surveillance on your own property. While you are not required to post a video surveillance notice on your private property, doing so is a good idea for a variety of reasons. It is not only a courtesy for businesses to notify their customers and employees, but studies have shown that people are less likely to commit crimes if they are aware that video monitoring is in place.
Nevada Capturing Image of Private Area
NRS 200.604 is the Nevada law that prohibits taking photos or videos of other people in a state of undress without their permission. The statute states that a person shall not knowingly and intentionally capture an image of the private area of another person without the consent of the other person and under circumstances in which the other person has a reasonable expectation of privacy. In Nevada, the penalty for “video voyeurism” can vary from a $2,000 fine for the first offense to a possible one-year jail sentence for subsequent offenses.
What are the workplace surveillance laws in Nevada?
In Nevada, workplace surveillance laws allow cameras to be used only for legitimate business reasons. As a result, employers can legally monitor their employees in various work situations. For example, cameras placed in areas where official business takes place or high-traffic areas are all valid for workplace video surveillance.
Nevada Workplace Privacy
Employers are prohibited from using video surveillance to monitor union activities or private spaces. Aside from that, federal law permits workplace surveillance, even without the approval of the employee, as long as no crimes are committed.
Conclusion
Nevada is a One-Party Consent State as well as an All-Party Consent State, which means that at least one person or all persons involved in the recorded communication must consent (depending on the ruling legislation). It is illegal in Nevada to secretly record an oral communication without the approval of at least one party. Fines and civil penalties may be imposed if Nevada’s video surveillance requirements are not followed.
It’s a good idea to familiarize yourself with the state’s video surveillance legislation and requirements before installing or upgrading your security system in Nevada. Additionally, hiring a professional security installer will ensure that your installation meets all state and federal regulations.
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