(Added to NRS by 1993, 2848; A 1997, 1365, 2593) NRS 41.650 Limitation of liability. A person who engages in a good faith communication in furtherance of the right to petition is immune from civil liability for claims based upon the communication. (Added to NRS by 1993, 2848; A 1997, 1365, 2593) NRS 41.660 Attorney General or chief legal officer of political subdivision may defend or provide support to person sued for engaging in right to petition; special counsel; filing special motion to dismiss; stay of discovery; adjudication upon merits. 1. If an action is brought against a person based upon a good faith communication in furtherance of the right to petition: (a) The person against whom the action is brought may file a special motion to dismiss; and (b) The Attorney General or the chief legal officer or attorney of a political subdivision of this State may defend or otherwise support the person against whom the action is brought. If the Attorney General or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the Attorney General or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person. 2. A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown. 3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall: (a) Treat the motion as a motion for summary judgment; (b) Stay discovery pending: (1) A ruling by the court on the motion; and (2) The disposition of any appeal from the ruling on the motion; and (c) Rule on the motion within 30 days after the motion is filed. 4. If the court dismisses the action pursuant to a special motion to dismiss filed pursuant to subsection 2, the dismissal operates as an adjudication upon the merits. (Added to NRS by 1993, 2848; A 1997, 1365, 2593) NRS 41.670 Award of reasonable costs and attorney’s fees upon grant of special motion to dismiss; person sued for engaging in right to petition may bring separate action for damages. If the court grants a special motion to dismiss filed pursuant to NRS 41.660: 1. The court shall award reasonable costs and attorney’s fees to the person against whom the action was brought, except that the court shall award reasonable costs and attorney’s fees to this State or to the appropriate political subdivision of this State if the Attorney General, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660. 2. The person against whom the action is brought may bring a separate action to recover: (a) Compensatory damages; (b) Punitive damages; and (c) Attorney’s fees and costs of bringing the separate action. (Added to NRS by 1993, 2848; A 1997, 1366, 2593) LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONS MOTIVATED BY CHARACTERISTICS OF VICTIM NRS 41.690 Cause of action for damages resulting from criminal violation if perpetrator was motivated by certain characteristics of victim. 1. A person who has suffered injury as the proximate result of the willful violation of the provisions of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.463, 200.464, 200.465, 200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 by a perpetrator who was motivated by the injured person’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation may bring an action for the recovery of his actual damages and any punitive damages which the facts may warrant. If the person who has suffered injury prevails in an action brought pursuant to this subsection, the court shall award him costs and reasonable attorney’s fees. 2. The liability imposed by this section is in addition to any other liability imposed by law. (Added to NRS by 1995, 2706; A 2005, 89) LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAIL THAT INCLUDE ADVERTISEMENTS NRS 41.705 Definitions. As used in NRS 41.705 to 41.735, inclusive, unless the context otherwise requires, the words and terms defined in NRS 41.710 to 41.725, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1997, 1255) NRS 41.710 “Advertisement” defined. “Advertisement” means material that: 1. Advertises for commercial purposes the availability or the quality of real property, goods or services; or 2. Is otherwise designed or intended to solicit a person to purchase real property, goods or services. (Added to NRS by 1997, 1256) NRS 41.715 “Electronic mail” defined. “Electronic mail” means a message, a file or other information that is transmitted through a local, regional or global network, regardless of whether the message, file or other information is: 1. Viewed; 2. Stored for retrieval at a later time; 3. Printed onto paper or other similar material; or 4. Filtered or screened by a computer program that is designed or intended to filter or screen items of electronic mail. (Added to NRS by 1997, 1256) NRS 41.720 “Network” defined. “Network” means a network comprised of one or more computers that may be accessed by a modem, electronic or optical technology, or other similar means. (Added to NRS by 1997, 1256) NRS 41.725 “Recipient” defined. “Recipient” means a person who receives an item of electronic mail. (Added to NRS by 1997, 1256) NRS 41.730 Action for damages; exceptions; injunctive relief. 1. Except as otherwise provided in NRS 41.735, if a person transmits or causes to be transmitted to a recipient an item of electronic mail that includes an advertisement, the person is liable to the recipient for civil damages unless: (a) The person has a preexisting business or personal relationship with the recipient; (b) The recipient has expressly consented to receive the item of electronic mail from the person; or (c) The advertisement is readily identifiable as promotional, or contains a statement providing that it is an advertisement, and clearly and conspicuously provides: (1) The legal name, complete street address and electronic mail address of the person transmitting the electronic mail; (2) A notice that the recipient may decline to receive additional electronic mail that includes an advertisement from the person transmitting the electronic mail and the procedures for declining such electronic mail; and (3) The abbreviation “ADV” or the word “advertisement” as the first word of the subject line of the electronic mail. 2. Unless a greater amount of damages is provided pursuant to subsection 3, if a person is liable to a recipient pursuant to subsection 1, the recipient may recover from the person: (a) Actual damages or damages of $50 per item of electronic mail received, whichever is greater; and (b) Attorney’s fees and costs. 3. If a person is liable to a recipient pursuant to subsection 1 and the person: (a) Disguised the source of the advertisement; (b) Used false or misleading information in the subject line of the electronic mail; (c) Provided a false return address; (d) Ignored requests made by the recipient to decline receiving additional electronic mail; (e) Provided a false address for declining additional electronic mail from the person; or (f) Obtained the electronic mail address o

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