200.3771 - Victims of certain sexual offenses: Confidentiality of records and reports that reveal identity; when disclosure permitted; penalty. - Nevada Statutes

200.3771  Victims of certain sexual offenses: Confidentiality of records and reports that reveal identity; when disclosure permitted; penalty.

      1.  Except as otherwise provided in this section, any information which is contained in:

      (a) Court records, including testimony from witnesses;

      (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

      (c) Records of criminal history, as that term is defined in NRS 179A.070; and

      (d) Records in the Central Repository for Nevada Records of Criminal History,

Ê that reveals the identity of a victim of a sexual offense or an offense involving a pupil is confidential, including but not limited to the victim’s photograph, likeness, name, address or telephone number.

      2.  A defendant charged with a sexual offense or an offense involving a pupil and the defendant’s attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and the defendant’s attorney shall not disclose this information except, as necessary, to those persons directly involved in the preparation of the defense.

      3.  A court of competent jurisdiction may authorize the release of the identifying information, upon application, if the court determines that:

      (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the disclosure;

      (b) The disclosure will not place the victim at risk of personal harm; and

      (c) Reasonable notice of the application and an opportunity to be heard have been given to the victim.

      4.  Nothing in this section prohibits:

      (a) Any publication or broadcast by the media concerning a sexual offense or an offense involving a pupil.

      (b) The disclosure of identifying information to any nonprofit organization or public agency whose purpose is to provide counseling, services for the management of crises or other assistance to the victims of crimes if:

             (1) The organization or agency needs identifying information of victims to offer such services; and

             (2) The court or a law enforcement agency approves the organization or agency for the receipt of the identifying information.

      5.  The willful violation of any provision of this section or the willful neglect or refusal to obey any court order made pursuant thereto is punishable as criminal contempt.

      (Added to NRS by 1993, 2476; A 2009, 1297)