1. A person who is not under arrest or in the custody of a peace officer may record a law enforcement activity and maintain custody and control of that recording and any property or instruments used by the person to record a law enforcement activity. A person who is under arrest or in the custody of a peace officer does not, by that status alone, forfeit the right to have any such recordings, property or instruments maintained and returned to him or her. This subsection must not be construed to authorize a person to engage in actions that interfere with or obstruct a law enforcement activity or otherwise violate any other law in an effort to record a law enforcement activity.
2. A peace officer shall not act to interfere with a person’s recording of a law enforcement activity, including, without limitation, by:
(a) Intentionally preventing or attempting to prevent the person from recording a law enforcement activity;
(b) Threatening the person for recording a law enforcement activity;
(c) Commanding that the person cease recording a law enforcement activity when the person was nevertheless authorized by law to record the law enforcement activity;
(d) Stopping, seizing or searching the person because he or she recorded a law enforcement activity; or
(e) Unlawfully seizing property or instruments used by the person to record a law enforcement activity, unlawfully destroying or seizing any recorded image of a law enforcement activity or copying such a recording of a law enforcement activity without the consent of the person who recorded it or obtaining approval from an appropriate court.
3. As used in this section:
(a) "Law enforcement activity" means any activity by a peace officer acting under the color of law.
(b) "Peace officer" means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(c) "Record" means to capture or attempt to capture any moving or still image, sound or impression through the use of any recording device, camera or any other device capable of capturing audio or moving or still images, or by means of written notes or observations. The term includes, without limitation, the capturing of or the attempt to capture any moving or still image, sound or impression through the use of any such device for the purpose of broadcasting an event or occurrence in real time.
(Added to NRS by 2020, 32nd Special Session, 68)