Unlawful acts related to electronic mail or transmission of other data

Unlawful acts involving electronic mail or transmission of other data, information, images, programs, signals or sounds to computer, system or network

If you are charged with committing a crime that involves e-mail or transmission of other data, images, information, programs, sounds or signals to a computer or network, you could be prosecuted in a Las Vegas criminal court.

1. According to NRS Section 205.492, a person may not willfully falsify or forge data, information, image, program signal or sound that:

• Is in the header, subject line or routing details of an email; or
• Describes or identifies the source, sender, point of origin or transmission path of an email.

2. A person also may not purposely transmit or cause to be transmitted an e-mail to any website or to the e-mail address of a recipient without their knowledge or consent, if the person knows or has reason to know that the e-mail has been formatted or generated with:

• A domain name that is being used without the consent of the person who owns the domain name; or
• Any information, data, image, program, signal or sound that was used on purpose in the subject line, header, or routing instructions of the e-mail to falsify or misrepresent the sender’s identity or the source of the path of transmission of the e-mail.

3. Also, according to NRS Section 205.492, a person may not knowingly sell or distribute any data, information, image, program, sound or signal that is intended for use to forge or falsify data, information, signal, image or program that:

• Is contained in the header, subject line or routing instructions of an e-mail; or
• Identifies the sender, point of origin or source of an e-mail.

4. Further, a person may not willfully and without prior authorization transmit an e-mail or other data to any website, to the e-mail address of one or more recipients or to another computer, network or system:

• With the purpose to impede, delay or disrupt the routine operation or use of a website, email address, computer, system or network; or
• Under circumstances where the conduct is likely to impede, delay, prevent or disrupt the routine operation of the website, e-mail address, system, computer or network, whether or not it actually occurs.

5. A person who violates any of the above provisions has committed a misdemeanor in Nevada.
6. However, if the violation of any part of subsection 4:

• And was committed to execute a scheme to illegally obtain property or defraud another person;
• Caused costs for the response, injury, loss or damage above $500; or
• Lead to an interruption or disruption of public service, such as government operation, public communication, or transportation of gas, water or electricity.

In that case, the person can be punished further with a fine of up to $100,000. The court also will order the person to pay restitution.

7. Note that the provisions in subsection 2 and 4 are not applicable to an Internet service provider, who in the process of giving service, transmits an e-mail for another person unless the Internet service provider is the one who first generated the e-mail.

Prepare Your Criminal Defense Today – Contact a Skilled Las Vegas Criminal Defense Attorney

If you were charged with an illegal act using email or transmission of other data, you can face jail time, heavy fines and restitution. Having a misdemeanor on your criminal record can make getting a job difficult. So, contact our law firm today to schedule a free, confidential case review.