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Author Topic: 07-06-07: Unauthorized recordings of conversations...  (Read 3639 times)
Ron
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« on: July 06, 2007, 12:14:05 PM »

Ron Brandy Sr. sent this information on unauthorized recordings of conversations and the law.



UN-AUTHORIZED RECORDING OF CONVERSATIONS

NRS

CHAPTER 48 - ADMISSIBILITY GENERALLY

NRS 48.077  Contents of lawfully intercepted communications.  Except as limited by this section, in addition to the matters made admissible by NRS 179.465, the contents of any communication lawfully intercepted under the laws of the United States or of another jurisdiction before, on or after July 1, 1981, if the interception took place within that jurisdiction, and any evidence derived from such a communication, are admissible in any action or proceeding in a court or before an administrative body of this State, including, without limitation, the Nevada Gaming Commission and the State Gaming Control Board. Matter otherwise privileged under this title does not lose its privileged character by reason of any interception.   (Added to NRS by 1981, 163)

CHAPTER 179 - SPECIAL PROCEEDINGS OF A CRIMINAL NATURE; SEALING RECORDS OF CRIMINAL PROCEEDINGS; REWARDS; FORMS INTERCEPTION OF WIRE OR ORAL COMMUNICATION

NRS 179.410  Definitions.  As used in NRS 179.410 to 179.515, inclusive, except where the context otherwise requires, the words and terms defined in NRS 179.415 to 179.455, inclusive, have the meanings ascribed to them in those sections.  (Added to NRS by 1973, 1742; A 1989, 658)

NRS 179.415  “Aggrieved person” defined.  “Aggrieved person” means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed.   (Added to NRS by 1973, 1742)

NRS 179.420  “Contents” defined.  “Contents” when used with respect to any wire or oral communication includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication. (Added to NRS by 1973, 1742)

NRS 179.425  “Electronic, mechanical or other device” defined.  “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than:
      1.  Any telephone or telegraph instrument, equipment or facility, or any component thereof:
      (a) Furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or
      (b) Being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties.
      2.  A hearing aid or similar device being used to correct subnormal hearing to not better than normal.
      (Added to NRS by 1973, 1742)

      NRS 179.430  “Intercept” defined.  “Intercept” means the aural acquisition of the contents of any wire or oral communication through the use of any electronic, mechanical or other device or of any sending or receiving equipment.  (Added to NRS by 1973, 1743)

      NRS 179.435  “Investigative or law enforcement officer” defined.  “Investigative or law enforcement officer” means any officer of the State or a political subdivision thereof who is empowered by the law of this state to conduct investigations of or to make arrests for felonies, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses. (Added to NRS by 1973, 1743)

      NRS 179.440  “Oral communication” defined.  “Oral communication” means any verbal message uttered by a person exhibiting an expectation that such communication is not subject to interception, under circumstances justifying such expectation. (Added to NRS by 1973, 1743)

      NRS 179.445  “Person” defined.  “Person” means any official, employee or agent of the United States or any state or political subdivision thereof, and any individual, partnership, association, joint-stock company, trust or corporation.  (Added to NRS by 1973, 1743)

      NRS 179.450  “State” defined.  “State” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession of the United States.
      (Added to NRS by 1973, 1743)

  NRS 179.455  “Wire communication” defined.  “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications.
      (Added to NRS by 1973, 1743)

NRS 179.460  Cases in which interception of wire or oral communications may be authorized.
      1.  The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, destruction of public property by explosives, a sexual offense against a child or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.

NRS 179.465  Disclosure or use of intercepted communications.
      1.  Any investigative or law enforcement officer who, by any means authorized by NRS 179.410 to 179.515, inclusive, or 704.195 or 18 U.S.C. §§ 2510 to 2520, inclusive, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose the contents to another investigative or law enforcement officer or use the contents to the extent that the disclosure or use is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
      2.  Any person who has received, by any means authorized by NRS 179.410 to 179.515, inclusive, or 704.195 or 18 U.S.C. §§ 2510 to 2520, inclusive, or by a statute of another state, any information concerning a wire or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court or before any grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.
      3.  An otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive, does not lose its privileged character.
      4.  When an investigative or law enforcement officer engaged in intercepting wire or oral communications as authorized by NRS 179.410 to 179.515, inclusive, intercepts wire or oral communications relating to offenses other than those specified in the order provided for in NRS 179.460, the contents of the communications and the evidence derived therefrom may be disclosed or used as provided in subsection 1. The direct evidence derived from the communications is inadmissible in a criminal proceeding, but any other evidence obtained as a result of knowledge obtained from the communications may be disclosed or used as provided in subsection 2 when authorized or approved by a justice of the Supreme Court or district judge who finds upon application made as soon as practicable that the contents of the communications were intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive.
      (Added to NRS by 1973, 1743; A 1983, 117; 1989, 658)

NRS 179.470  Application for order authorizing interception of communications; prerequisites to issuance of order.
      1.  Each application for an order authorizing the interception of a wire or oral communication must be made in writing upon oath or affirmation to a justice of the Supreme Court or district judge and must state the applicant’s authority to make such application. Each application must include the following information:
      (a) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application.
      (b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including:
             (1) Details as to the particular offense that is being, has been or is about to be committed.
             (2) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, the facilities to be used and the means by which such interception is to be made.
             (3) A particular description of the type of communications sought to be intercepted.
             (4) The identity of the person, if known, who is committing, has committed or is about to commit an offense and whose communications are to be intercepted.
      (c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.
      (d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.
      (e) A full and complete statement of the facts concerning all previous applications known to the person authorizing and making the application made to any judge for authorization to intercept wire or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application.
      (f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
      2.  The judge may require the applicant to furnish additional testimony or documentary evidence under oath or affirmation in support of the application. Oral testimony must be reduced to writing.
      3.  Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire or oral communications within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that:
      (a) There is probable cause for belief that a person is committing, has committed or is about to commit an offense for which interception is authorized by NRS 179.460.
      (b) There is probable cause for belief that particular communications concerning that offense will be obtained through such interception.
      (c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or appear to be too dangerous.
      (d) There is probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be intercepted are being used or are about to be used by such person in connection with the commission of such offense or are leased to, listed in the name of, or commonly used by such person.
      (Added to NRS by 1973, 1744; A 1983, 118)

NRS 179.475  Order authorizing interception of communications: Contents; duration; extension.
      1.  Each order authorizing the interception of any wire or oral communication shall specify:
      (a) The identity of the person, if known, whose communications are to be intercepted.
      (b) The nature and location of the place where or communication facilities to which authority to intercept is granted, the facilities to be used and the means by which such interceptions shall be made.
      (c) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates.
      (d) The identity of the agency authorized to intercept the communications, and of the person authorizing the application.
      (e) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
      2.  An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communications common carrier, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communications common carrier, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates.
      3.  No order entered under this section may authorize the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, and in no event longer than 30 days. Extensions of an order may be granted, but only upon application for an extension made in accordance with the procedures provided in NRS 179.470. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this statute, and shall terminate upon attainment of the authorized objective, or in any event in 30 days.
      (Added to NRS by 1973, 1745)

NRS 179.480  Progress reports to judge.  Whenever an order authorizing interception is entered pursuant to NRS 179.410 to 179.515, inclusive, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.
      (Added to NRS by 1973, 1746)

NRS 179.485  Recording.  The contents of any wire or oral communication intercepted by any means authorized by NRS 179.410 to 179.515, inclusive, shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication under this section shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be placed with whomever the judge directs. They shall not be destroyed except upon an order of the judge issuing such order and in any event shall be kept for 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsection 1 of NRS 179.465 for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, is a prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under subsection 2 of NRS 179.465.      (Added to NRS by 1973, 1746)

NRS 179.490  Sealing of applications and orders; disclosure.
      1.  Applications made and orders granted under this statute shall be sealed by the judge. Custody of the applications and orders shall be placed with whomever the judge orders. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of a court of competent jurisdiction and shall not be destroyed except on order of the judge who issued or denied the order, and in any event shall be kept for 10 years.
      2.  Any violation of the provisions of this section may be punished as contempt of court.
      (Added to NRS by 1973, 1747)

NRS 179.495  Notice to parties to intercepted communications.
      1.  Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the chief of the Investigation Division of the Department of Public Safety, persons named in the order and any other parties to intercepted communications, an inventory which must include notice of:
      (a) The fact of the entry and a copy of the order.
      (b) The fact that during the period wire or oral communications were or were not intercepted.
 The inventory filed pursuant to this section is confidential and must not be released for inspection unless subpoenaed by a court of competent jurisdiction.
      2.  The judge, upon receipt of a written request from any person who was a party to an intercepted communication or from the person’s attorney, shall make available to the person or his counsel those portions of the intercepted communications which contain his conversation. On an ex parte showing of good cause to a district judge, the serving of the inventory required by this section may be postponed for such time as the judge may provide.
      (Added to NRS by 1973, 1747; A 1975, 1520; 1983, 119; 1985, 1976; 2001, 2572)

NRS 179.500  Contents of intercepted communications inadmissible in evidence unless transcript provided to parties before trial.  The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order and accompanying application under which the interception was authorized and a transcript of any communications intercepted. Such 10-day period may be waived by the judge if he finds that it was not possible to furnish the party with such information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information.
      (Added to NRS by 1973, 1747)

NRS 179.505  Motion to suppress.
      1.  Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency or other authority of this State, or a political subdivision thereof, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that:
      (a) The communication was unlawfully intercepted.
      (b) The order of authorization under which it was intercepted is insufficient on its face.
      (c) The interception was not made in conformity with the order of authorization.
      (d) The period of the order and any extension had expired.
      2.  Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of NRS 179.410 to 179.515, inclusive. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.
      (Added to NRS by 1973, 1747)

NRS 179.510  Appeal by State from order granting motion to suppress.  In addition to any other right to appeal the State may appeal from an order granting a motion to suppress made under NRS 179.505 if the Attorney General or district attorney certifies to the judge or other official granting such motion that the appeal is not taken for purposes of delay. Such appeal shall be taken within 30 days after the date the order of suppression was entered and shall be diligently prosecuted as in the case of other interlocutory appeals or under such rules as the Supreme Court may adopt.
      (Added to NRS by 1973, 1748)

NRS 179.515  Reports by justices of Supreme Court, district judges, Attorney General and district attorneys.
      1.  In January of each year, the Attorney General and the district attorney of each county shall report to the Administrative Office of the United States Courts the information required to be reported pursuant to 18 U.S.C. § 2519. A copy of the report must be filed with the Investigation Division of the Department of Public Safety. In the case of a joint application by the Attorney General and a district attorney both shall make the report.
      2.  Every justice of the Supreme Court or district judge who signs an order authorizing or denying an interception shall, within 30 days after the termination of the order or any extension thereof, file with the Investigation Division of the Department of Public Safety on forms approved by the Division a report containing the same information required to be reported pursuant to 18 U.S.C. § 2519. The report must also indicate whether a party to an intercepted wire communication had consented to the interception.
      3.  The willful failure of any officer to report any information known to him which is required to be reported pursuant to subsection 1 or 2 constitutes malfeasance in office and, in such cases, the Secretary of State shall, when the wrong becomes known to him, institute legal proceedings for the removal of that officer.
      4.  The Investigation Division of the Department of Public Safety shall, on or before April 30 of each year, compile a report consisting of a summary and analysis of all reports submitted to the Division pursuant to this section during the previous calendar year. The report is a public record and may be inspected by any person during the regular office hours of the Division.
      (Added to NRS by 1973, 1748; A 1975, 1520; 1981, 2009; 1983, 120; 1985, 1977; 2001, 2573)

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Ron
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« Reply #1 on: July 06, 2007, 12:18:39 PM »

CHAPTER 200 - CRIMES AGAINST THE PERSON

Title 16 - CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF CRIME
NRS 200.610  Definitions.  As used in NRS 200.610 to 200.690, inclusive:

      1.  “Person” includes public officials and law enforcement officers of the State and of a county or municipality or other political subdivision of the State.
      2.  “Wire communication” means the transmission of writing, signs, signals, pictures and sounds of all kinds by wire, cable, or other similar connection between the points of origin and reception of such transmission, including all facilities and services incidental to such transmission, which facilities and services include, among other things, the receipt, forwarding and delivering of communications.
      3.  “Radio communication” means the transmission of writing, signs, signals, pictures, and sounds of all kinds by radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services include, among other things, the receipt, forwarding and delivering of communications. The term does not include the transmission of writing, signs, signals, pictures and sounds broadcast by amateurs or public or municipal agencies of the State of Nevada, or by others for the use of the general public.
      (Added to NRS by 1957, 334; A 1985, 512)
     

 NRS 200.620  Interception and attempted interception of wire communication prohibited; exceptions.
      1.  Except as otherwise provided in NRS 179.410 to 179.515, inclusive, 209.419 and 704.195, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:
      (a) The interception or attempted interception is made with the prior consent of one of the parties to the communication; and
      (b) An emergency situation exists and it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, before the interception, in which event the interception is subject to the requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that:
             (1) The communication was intercepted; and
             (2) Upon application to the court, ratification of the interception was denied.
      2.  This section does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for wire communication where the interception or attempted interception is to construct, maintain, conduct or operate the service or facilities of that person.
      3.  Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written application to a justice of the Supreme Court or district judge for ratification of the interception. The interception must not be ratified unless the applicant shows that:
      (a) An emergency situation existed and it was impractical to obtain a court order before the interception; and
      (b) Except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.
      4.  NRS 200.610 to 200.690, inclusive, do not prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on wire communications installed in the office of an official law enforcement or fire-fighting agency, or a public utility, if the equipment used for the recording is installed in a facility for wire communications or on a telephone with a number listed in a directory, on which emergency calls or requests by a person for response by the law enforcement or fire-fighting agency or public utility are likely to be received. In addition, those sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or fire-fighting agency or public utility from such a facility or telephone in connection with responding to the original call or request, if the agency or public utility informs the other party that the conversation is being recorded.
      (Added to NRS by 1957, 334; A 1973, 1748; 1975, 747; 1983, 120, 681; 1989, 659)
     
NRS 200.630  Disclosure of existence, content or substance of wire or radio communication prohibited; exceptions.
      1.  Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not disclose the existence, content, substance, purport, effect or meaning of any wire or radio communication to any person unless authorized to do so by either the sender or receiver.
      2.  This section does not apply to any person, or the officers, employees or agents of any person, engaged in furnishing service or facilities for wire or radio communication where the disclosure is made:
      (a) For the purpose of construction, maintenance, conduct or operation of the service or facilities of such a person;
      (b) To the intended receiver, his agent or attorney;
      (c) In response to a subpoena issued by a court of competent jurisdiction; or
      (d) On written demand of other lawful authority.
      (Added to NRS by 1957, 334; A 1973, 1749; 1989, 660)

NRS 200.640  Unauthorized connection with facilities prohibited.  Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 200.620, a person shall not make any connection, either physically or by induction, with the wire or radio communication facilities of any person engaged in the business of providing service and facilities for communication unless the connection is authorized by the person providing the service and facilities.
      (Added to NRS by 1957, 335; A 1973, 1749; 1981, 1561)

NRS 200.650  Unauthorized, surreptitious intrusion of privacy by listening device prohibited.  Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by the other persons, or disclose the existence, content, substance, purport, effect or meaning of any conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.
      (Added to NRS by 1957, 335; A 1973, 1749; 1989, 660)

NRS 200.690  Penalties.
      1.  A person who willfully and knowingly violates NRS 200.620 to 200.650, inclusive:
      (a) Shall be punished for a category D felony as provided in NRS 193.130.
      (b) Is liable to a person whose wire or oral communication is intercepted without his consent for:
             (1) Actual damages or liquidated damages of $100 per day of violation but not less than $1,000, whichever is greater;
             (2) Punitive damages; and
             (3) His costs reasonably incurred in the action, including a reasonable attorney’s fee,
 all of which may be recovered by civil action.
      2.  A good faith reliance by a public utility on a written request for interception by one party to a conversation is a complete defense to any civil or criminal action brought against the public utility on account of the interception.
      (Added to NRS by 1957, 336; A 1967, 474; 1973, 1749; 1995, 1195)

CHAPTER 208 - GENERAL PROVISIONS
NRS 208.015            Definitions.
NRS 208.025            “Boat” defined.
NRS 208.035            “Bond” defined.
NRS 208.045            “Judge” defined.
NRS 208.055            “Knowingly” defined.
NRS 208.065            “Officer” and “public officer” defined.
NRS 208.075            “Prison” defined.
NRS 208.085            “Prisoner” defined.
NRS 208.095            “Writing” defined.
NRS 208.105            Construction of provisions of title.
NRS 208.115            Construction of provisions similar to existing laws.
NRS 208.125            Effect of provisions upon past offenses.
NRS 208.135            Application to existing civil rights.
NRS 208.145            Civil remedies preserved.
NRS 208.155            Authority of courts-martial unaffected; punishment for contempt unaffected.
NRS 208.165            Execution of instrument by prisoner.

 NRS 208.015  Definitions.  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 208.025 to 208.095, inclusive, have the meanings ascribed to them in those sections.
      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)
            NRS 208.045  “Judge” defined.  “Judge” includes every judicial officer authorized, alone or with others, to hold or preside over a court of record.
      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)


NRS 208.055  “Knowingly” defined.  “Knowingly” imports a knowledge that facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.
      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510; 1997, 1602)
      NRS 208.065  “Officer” and “public officer” defined.  “Officer” and “public officer” include all officers, members and employees of:
      1.  The State of Nevada;
      2.  Any political subdivision of this state;    3.  Any other special district, public corporation or quasi-public corporation of this state; and
      4.  Any agency, board or commission established by this state or any of its political subdivisions,
 and all persons exercising or assuming to exercise any of the powers or functions of a public officer.
      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

NRS 208.075  “Prison” defined.  “Prison” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.
      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

NRS 208.085  “Prisoner” defined.  “Prisoner” includes any person held in custody under process of law, or under lawful arrest.
      [Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355; 1983, 815; 1985, 510)

NRS 208.095  “Writing” defined.  “Writing” includes printing.
      NRS 208.135  Application to existing civil rights.  Nothing in this title shall be deemed to affect any civil right or remedy existing at the time when it shall take effect by virtue of the common law or of the provision of any statute.
      [1911 C&P § 32; RL § 6297; NCL § 9981]
      NRS 208.145  Civil remedies preserved.  The omission to specify or affirm in this title any liability to any damages, penalty, forfeiture or other remedy imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable in this title shall not affect any right to recover or enforce the same.
      [1911 C&P § 37; RL § 6302; NCL § 9986]
CHAPTER 209 - DEPARTMENT OF CORRECTIONS
DEFINITIONS
NRS 209.011            Definitions.
NRS 209.021            “Board” defined.
NRS 209.031            “Classification” defined.
NRS 209.041            “Custody” defined.
NRS 209.051            “Department” defined.
NRS 209.061            “Director” defined.
NRS 209.065            “Facility” defined.
NRS 209.071            “Institution” defined.
NRS 209.075            “Manager” defined.
NRS 209.081            “Offender” defined.
NRS 209.085            “Warden” defined.

     
NRS 209.417  Offenders not to have access to telecommunications devices; exception.
      1.  Except as otherwise provided in subsection 2, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility has access to a telecommunications device.
      2.  An offender may use a telephone subject to the limitations set forth in NRS 209.419.
      3.  As used in this section, “telecommunications device” means a device that can be used by an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone or a computer that is connected to a computer network or is otherwise capable of communicating with a person or device outside of the facility.
      (Added to NRS by 1999, 2712)
      NRS 209.419  Interception of offender’s communications by telephone: Notice; exceptions.
      1.  Communications made by an offender on any telephone in an institution or facility to any person outside the institution or facility may be intercepted if:
      (a) The interception is made by an authorized employee of the Department; and
      (b) Signs are posted near all telephones in the institution or facility indicating that communications may be intercepted.
      2.  The Director shall provide notice or cause notice to be provided to both parties to a communication which is being intercepted pursuant to subsection 1, indicating that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties during the communication shall be deemed notice to both parties that the communication is being intercepted.
      3.  The Director shall adopt regulations providing for an alternate method of communication for those communications by offenders which are confidential.
      4.  A communication made by an offender is confidential if it is made to:
      (a) A federal or state officer.
      (b) A local governmental officer who is at some time responsible for the custody of the offender.
      (c) An officer of any court.
      (d) An attorney who has been admitted to practice law in any state or is employed by a recognized agency providing legal assistance.
      (e) A reporter or editorial employee of any organization that reports general news including, but not limited to, any wire service or news service, newspaper, periodical, press association or radio or television station.
      (f) The Director.
      (g) Any other employee of the Department whom the Director may, by regulation, designate.
      5.  Reliance in good faith on a request or order from the Director or his authorized representative constitutes a complete defense to any action brought against any public utility intercepting or assisting in the interception of communications made by offenders pursuant to subsection 1.
      (Added to NRS by 1983, 682; A 1985, 253)
      NRS 209.423  Visits and correspondence between offenders and others.  Wardens and managers may authorize visits and correspondence between offenders and appropriate friends, relatives, and others under regulations adopted by the Director and approved by the Board.
      (Added to NRS by 1977, 850; A 1983, 723)
See also NRS 211.010 This is Chapter 211 – LOCAL FACILITIES FOR DETENTION                 
COUNTY JAILS
NRS 211.010            County to maintain county jail; location; agreements for detention of prisoners.
NRS 211.020            Duties of county commissioners.
NRS 211.030            Sheriff is custodian of jail; appointment and compensation of jailers.
NRS 211.040            Transfer of prisoners.               
NRS 211.080            Prisoner may be removed to another jail: Procedure; costs.
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kmt
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« Reply #2 on: July 06, 2007, 11:21:11 PM »

I have to admit that I didn't have the patience to real through this all...but I assume this is referring to the phone conversations between Nelson Brady and Titus? Those that have been published on the Net?

Wonder how it could affect the trial?
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JediKnight
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« Reply #3 on: July 07, 2007, 11:18:15 AM »

Ron,,,the guy is GUILTY. 
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stuntmovie
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« Reply #4 on: July 07, 2007, 06:22:31 PM »

You're probably right, Jedi, but many a "guilty" person has gotten off on a technicality and it looks like this may be the route that this long awaited trial may be taking.

If Craig does walk, I hope that he gets back into the IFBB and wins some major titles. I'd hate to see him retire and just hit the golf course every day.
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chaos
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« Reply #5 on: July 07, 2007, 10:02:45 PM »

highlight the parts that are relevent Roll Eyes
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Liar!!!!Filt!!!!
beatmaster
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« Reply #6 on: July 07, 2007, 10:09:40 PM »


i'm not gonna read all that.

damn, 2-3 lines is enough.......
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are you delusional?
Ron
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« Reply #7 on: July 08, 2007, 10:18:43 PM »


Not judging on whether someone is guilty or innocent. Just trying to keep up with all things related to the case.
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shockandawe
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« Reply #8 on: July 09, 2007, 06:33:01 AM »

People who think Titus was a "nice guy" because they met him a few times when he was jovial during an interview (duh!) or nice at a trade show or competition because he never got entangled in their lives, will always fight for Titus to get out and think "poor guy".  This is especially true if you were not the kind of guy whom Craig would have ever hung out with seriously on the social scene, or invited into his circle of friends, you would only probably see Titus' best sides - the sides he always wants reporters to see unless they cross him.  Ron sees Craig's best sides because he never had a beef with the guy. So he'll always hopelessly have stars in his eyes where CT is concerned.  I see posting those laws and statutes as just that - a way to provide himself and other Titus sympathizers hope in a hopeless world.  Undecided
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stuntmovie
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« Reply #9 on: July 09, 2007, 10:08:16 PM »

I'm one of those guys who only remembers Craig as a "nice guy", and find it interesting that he just might evade this murder charge on a technicality.

I've had communication with Craig since he was dreaming about becoming a pro bodybuilder when he was a kid in school in Texas.

I know only a small amount about the law but it does appear to me that when a case does not come to trial immediately or ASAP, there is a strong possibility that the defendents will be "released" or found not guilty due to a technicality.

And regardless of my feelings on that subject, it is as it should be and which sets America apart from other nations.

It hurts to say that but it is the way it should be done even if it can't be call "Justice".
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Ron
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« Reply #10 on: July 10, 2007, 06:39:16 PM »

Quote
This is especially true if you were not the kind of guy whom Craig would have ever hung out with seriously on the social scene, or invited into his circle of friends, you would only probably see Titus' best sides - the sides he always wants reporters to see unless they cross him.  Ron sees Craig's best sides because he never had a beef with the guy. So he'll always hopelessly have stars in his eyes where CT is concerned.  I see posting those laws and statutes as just that - a way to provide himself and other Titus sympathizers hope in a hopeless world

Ah Shock n Awe, you dont know if Craig was made at me or not, but again, the purpose is to bring out all relavant info regarding these cases, and so I will post them here. Some people get into the case, including the legal mumbo jumbo and all that surounds it.

Would love to hear your stories one day on Kelly n Craig, as I know a lof of what you have done for them in the past before things got ugly between you guys.

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shockandawe
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« Reply #11 on: July 16, 2007, 11:49:59 AM »

Ron,
One of these days, sure. 
And I know you're right... I guess my own lack of interest in those things taints my view of it and I often see it as "endorsements" or "arguments for their innocence" and I guess I just see that disdainfully.
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GIUNdiesel
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« Reply #12 on: July 19, 2007, 05:11:49 AM »

You're probably right, Jedi, but many a "guilty" person has gotten off on a technicality and it looks like this may be the route that this long awaited trial may be taking.

If Craig does walk, I hope that he gets back into the IFBB and wins some major titles. I'd hate to see him retire and just hit the golf course every day.
THE ONLY THING TITUS WILL WIN IS A LIFETIME VACATION AT THE STATE PEN RESORT.. HE SHOULDN'T OF BEAT TOME PRINCE BACK IN THE DAY!!
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MR. I DONT GIVE A FUCK
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