200.3772 - Victims of certain sexual offenses: Procedure for substituting pseudonym for name on files, records and reports; actual identity confidential; when disclosure required; immunity for uninten - Nevada Statutes

200.3772  Victims of certain sexual offenses: Procedure for substituting pseudonym for name on files, records and reports; actual identity confidential; when disclosure required; immunity for unintentional disclosure.

      1.  A victim of a sexual offense or an offense involving a pupil may choose a pseudonym to be used instead of the victim’s name on all files, records and documents pertaining to the sexual offense or offense involving a pupil, including, without limitation, criminal intelligence and investigative reports, court records and media releases.

      2.  A victim who chooses to use a pseudonym shall file a form to choose a pseudonym with the law enforcement agency investigating the sexual offense or offense involving a pupil. The form must be provided by the law enforcement agency.

      3.  If the victim files a form to use a pseudonym, as soon as practicable the law enforcement agency shall make a good faith effort to:

      (a) Substitute the pseudonym for the name of the victim on all reports, files and records in the agency’s possession; and

      (b) Notify the prosecuting attorney of the pseudonym.

Ê The law enforcement agency shall maintain the form in a manner that protects the confidentiality of the information contained therein.

      4.  Upon notification that a victim has elected to be designated by a pseudonym, the court shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the sexual offense or offense involving a pupil.

      5.  The information contained on the form to choose a pseudonym concerning the actual identity of the victim is confidential and must not be disclosed to any person other than the defendant or the defendant’s attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or the defendant’s attorney is subject to the conditions and restrictions specified in subsection 2 of NRS 200.3771. A person who violates this subsection is guilty of a misdemeanor.

      6.  A court of competent jurisdiction may order the disclosure of the information contained on the form only if it finds that the information is essential in the trial of the defendant accused of the sexual offense or offense involving a pupil or the identity of the victim is at issue.

      7.  A law enforcement agency that complies with the requirements of this section is immune from civil liability for unknowingly or unintentionally:

      (a) Disclosing any information contained on the form filed by a victim pursuant to this section that reveals the identity of the victim; or

      (b) Failing to substitute the pseudonym of the victim for the name of the victim on all reports, files and records in the agency’s possession.

      (Added to NRS by 1993, 2477; A 2009, 1298)