NRS 205.4765: A Guide to Cybercrime Laws in Nevada
Cybercrime is no longer just a distant threat—it’s a reality that can devastate businesses, personal lives, and even national security. In September 2023, MGM Resorts became a victim of a cyberattack that exposed the personal information of millions of its customers. This incident is just one example of how cybercrime can have far-reaching consequences.
In response to the growing threat of cybercrimes, Nevada has enacted NRS 205.4765, which criminalizes various activities related to computer systems and networks. This law aims to protect individuals and businesses from malicious acts such as hacking, identity theft, and online fraud.
If you or someone you know is facing criminal charges of any kind, you need a local criminal defense attorney to represent you. The Defenders is a Las Vegas-based law firm that specializes in criminal defense. Our team of experienced attorneys can provide you with the legal guidance and representation you need to navigate your case successfully.
Contact our office today to schedule a consultation and learn how we can help you fight the charges against you.
Overview of NRS 205.4765
NRS 205.4765 is a comprehensive law that covers a broad range of cyber crimes. It outlines specific actions that are prohibited when it comes to computer systems and networks, including:
- Unauthorized access to a computer system or network
- Intentionally causing damage to a computer system or network
- Using a computer system or network to commit fraud or other criminal activities
- Obtaining personal information from a computer system or network without authorization
Key Elements of the Statute
NRS 205.4765 has three significant elements: unauthorized access, willful intent, and specific prohibited actions.
The statute emphasizes “knowingly, willfully and without authorization” as vital components that determine whether an act qualifies as a cybercrime.
This means that the prosecution must prove all these elements beyond a reasonable doubt for you to get convicted of this offense.
Types of Prohibited Activities
The statute defines several specific activities that qualify as cybercrime without proper authorization:
- Data Manipulation: Modifying, damaging, destroying, or disclosing computer data
- System Access: Unauthorized access to computers, networks, or information systems
- Equipment Handling: Taking, damaging, or misusing computer equipment
- Malicious Software: Introduction of computer contaminants or viruses
Penalties for Cyber Crimes Under NRS 205.4765
Depending on the nature and severity of the offense, cybercrimes can be classified as either a misdemeanor or felony.
Misdemeanor Violations
A first-time offense and/or simple unauthorized computer use is typically considered a misdemeanor unless it involves significant harm to another person or business. The penalties for misdemeanors include:
- Up to six months in jail
- Fines up to $1,000
Felony Violations
Charges escalate to a Category C felony under certain conditions. For example, if the violation was:
- Used to defraud or steal property;
- Caused losses, injuries or other damages exceeding $500; or,
- Interrupted or hindered public service, communication links, transport systems or utilities;
The penalties for a Category C felony include:
- Up to five years in prison
- Fines up to $10,000
Common Defenses Against Cybercrime Charges
If you are facing charges under NRS 205.4765, an experienced criminal defense attorney can help build a strong defense. Some common defenses used in cybercrime cases include:
Authorization Defense
Proving proper authorization stands as one of the strongest defenses in cybercrime cases.
If the defendant had explicit permission to use a computer system or network, they cannot be charged with unauthorized access.
Lack of Intent Defense
Nevada’s cybercrime statute requires actions to be committed “knowingly, willfully and without authorization.”
If the defendant did not intend to commit a crime, they may be able to use this as a defense. This defense works especially when you have actions that happened during:
- Routine system maintenance
- Authorized security testing
- Accidental access scenarios
Related Crimes
Several other Nevada laws cover cyber-related offenses. The most common related crimes include:
- Identity Theft (NRS 205.463): Stealing personal information from a computer system or network and using it for fraudulent purposes.
- Computer Trespass (NRS 205.4763): Unlawfully accessing, altering, damaging, or destroying any part of a computer system or network without authorization.
Record Sealing Options
If you have been convicted of a cybercrime under NRS 205.4765, your criminal record can significantly impact your future job prospects, education opportunities, and overall reputation.
Fortunately, Nevada offers options to seal criminal records under certain circumstances. It is essential to consult with an experienced attorney to determine if you are eligible for record sealing.
Depending on the actual conviction, you may need to wait a specific period before applying for record sealing. The procedure to seal your records can be complicated, and having an attorney by your side can make the process smoother and more successful.
Facing Criminal Charges? Hire The Defenders
Cybercrime is a serious offense with severe consequences in Nevada. If you are facing criminal charges under NRS 205.4765 or any other cyber-related law, it is crucial to seek legal representation immediately.
Call The Defenders today to discuss your case and learn about your options for defending against these charges. Our team of experienced attorneys will fight tirelessly on your behalf to protect your rights and help you achieve the best possible outcome for your case.
Note that cybercrime charges don’t always lead to conviction. Several strong legal defenses can work in your favor – from proving proper authorization to showing lack of criminal intent. We’ll assess your case carefully, find the right defenses, and work hard to get you the best possible outcome.
Contact our office today to discuss your case for free.
Frequently Asked Questions
What is considered a cybercrime under NRS 205.4765?
NRS 205.4765 covers various actions classified as cybercrimes, including unauthorized access to computer systems, causing intentional damage to networks, using computers to commit fraud, and obtaining personal information without authorization. The statute targets individuals operating “knowingly, willfully, and without authorization.” Understanding these actions can help in identifying whether a particular incident qualifies as a cybercrime.
How severe are the penalties for cybercrime convictions?
The penalties for cybercrime convictions under NRS 205.4765 vary depending on the severity of the offense. Misdemeanor violations may result in up to six months in jail and fines up to $1,000. More serious cybercrimes, classified as felonies, can lead to up to five years in prison and fines up to $10,000, especially if the crime involves significant harm, fraud, or disruption of services.
Can computer crime charges be defended in court?
Yes, there are established defenses against cybercrime charges. Proving you had authorization to access the computer system can serve as a strong defense. Additionally, if the actions were not done “knowingly and willfully,” such as accidental access during routine maintenance, it could be further grounds for defense. Seeking legal advice from a competent defense attorney could increase your chances of a favorable outcome.
Is it possible to have a cybercrime conviction record sealed?
In Nevada, you can have your criminal record sealed under certain conditions. The eligibility for record sealing and the waiting period depends on the specific conviction. Consulting with an experienced attorney can guide you through the complex process and help determine your eligibility for sealing your records.
