AB 296 — Establishes a civil cause of action for the dissemination of personal identifying information or sensitive information under certain circumstances. (BDR 3-121)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

296296–Assemblywoman ANguyen SSEMBLYCHAPTER.......... B ILLN O.

296–A SSEMBLYWOMAN N GUYEN M ARCH 16, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Establishes a civil cause of action for the dissemination of personal identifying information or sensitive information under certain circumstances.

(BDR 3-121) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

This bill establishes a civil cause of action against a person who commits certain acts commonly referred to as “doxing.” Specifically, this bill authorizes a person to bring a civil action to recover damages, reasonable attorney’s fees and costs from another person if the other person disseminates any personal identifying information or sensitive information of the person without the consent of the person, knowing that the person could be identified and:

(1) with the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would with the intent to cause harm to the person and with the knowledge of or recklessrreckless (2) disregard for thetheent reasonable likelihood that disseminating the information could result in death, bodily injury,injury stalking or mentalstalking. anguish.

(1) would cause a reasonable person to feel mental anguish or fear the death, bodily injury, or stalking of himself or herself or a close relation;

or (2) causes the death, bodily injury,injury or stalking of the person whose information was disseminated or mentala close relation of the person.

This bill exempts from liability under the provisions of thisconduct billreasonably thefbelieved theto -be *AB296_R1*unlawful; – 2 – dissemination of such information:

(1)(2) forwhich depicts a law enforcementng officer acting under the purposecolor of reportinglaw conductor reasonablyan believedelected toofficer beacting unlawful;in an official capacity;

(2)(3) whichgathered depictsin a law enforcement officer acting under the colorexercise of lawthe orconstitutionally aprotected publicrights officerof actingfreedom inof anspeech officialand capacity;assembly;

or (3)(4) which is a good faith communication in furtherance of the right to petition or the right to free speech andin assembly.direct connection with an issue of public concern.

(1) defines certain terms, including, among other terms, “personal identifying information,” “sensitive information” and “mental“sensitive anguish”information” for the purposes of the provisions of this bill;

(2) imposes joint and several liability if multiple persons are found liable for the same dissemination of personal identifying information or sensitive information;

(3) authorizes a court to issue a temporary restraining order or a permanent or temporary injunction to prevent the dissemination of any personal identifying information or sensitivetosensitive information of a person;

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(1) With the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury,injury stalking or mentalstalking; anguish;

or (2) With the intent to cause harm to the person and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury,injury stalking or mentalstalking; anguish;

(1) Would cause a reasonable person to feel mental anguish or fear the death, bodily injury or stalking of himself or herself or a close relation;

or (2) Causes the death, bodily injury,injury stalking or mentalstalking anguish of the person whose information was disseminated or a close relation of the person.

- *AB296_R1* – 3 – 3.

(b) Which depicts a law enforcement officer acting under the color of law or aan publicelected officer actingof the State of Nevada or any of its(c) Gathered in anthe officialexercise capacity;of the constitutionally protected rights of freedom of speech and assembly;

or (c)- Gathered81st Session (2021) – 3 – (d) Which is a good faith communication in furtherance of the exerciseright ofto petition or the constitutionallyright protectedto rightsfree ofspeech freedomin direct connection with an issue of speechpublic andconcern, assembly.as defined in NRS 41.637.

Upon a motion by a party in a civil action brought under this section, a court may issue a temporary restraining order or a permanent or temporary injunction to prevent the dissemination of anyperson.sonal personal identifying information or sensitive information of a person.6.

6.

(d) “Mental“Personal anguish”identifying meansinformation” protractedhas severe emotional distress and does not require the physicalmeaning manifestationascribed ofto symptomsit orin aNRS diagnosis205.4617. by any clinical professional counselor, physician or licensed psychologist.

(e) “Personal“Sensitive identifying information” hasmeans theinformation meaningconcerning: ascribed to it in NRS 205.4617.

(f) “Public officer” has the meaning ascribed to it in NRS 205.4627.

(g) “Sensitive information” means information concerning:

or - *AB296_R1* – 4 – (3) The human immunodeficiency virus status of a person.

(h)(f) “Stalking” means a violation of NRS 200.575.

H~~~~~ 21 - *AB296_R1*81st Session (2021)