Circumstances in which interception, listening or recording of communications by peace officer or certain other persons not unlawful.

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1. The interception, listening or recording of a wire, electronic or oral communication by a peace officer specifically designated by the Attorney General or the district attorney of any county, or a person acting under the direction or request of a peace officer, is not unlawful if the peace officer or person is intercepting the communication of a person who has:

(a) Barricaded himself or herself and is not exiting or surrendering at the lawful request of a peace officer, in circumstances in which there is imminent risk of harm to the life of another person as a result of the barricaded person’s actions or the actions of law enforcement in resolving the barricade situation;

(b) Created a hostage situation; or

(c) Threatened the imminent illegal use of an explosive.

2. For the purposes of subsection 1:

(a) A barricade occurs when a person:

(1) Refuses to come out from a covered or enclosed position after being provided an order to exit by a peace officer; or

(2) Is contained in an open area and the presence or approach of a peace officer precipitates an imminent risk of harm to the life of another person.

(b) A hostage situation occurs when a person holds another person against the other person’s will, regardless of whether the person holding the other person has made a demand.

(Added to NRS by 2015, 2486)


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