NRS § 200.603 – Peering or Spying – Nevada Law & Penalties

NRS § 200.603 is the Nevada statute that sets forth the crime of peering. Also called a Peeping Tom law, this section makes it a crime to go onto someone else’s property with the intent to spy through a window, door or other openings.

Peering is generally a misdemeanor in Nevada that carries:

• up to 6 months in jail, and/or
• up to a $1,000 fine

The language of NRS § 200.603 reads as follows:

1. A person shall not knowingly enter upon the property or premises of another or upon the property or premises owned by him or her and leased or rented to another with the intent to surreptitiously conceal himself or herself on the property or premises and peer, peep or spy through a window, door or other opening of a building or structure that is used as a dwelling on the property or premises.

2. A person who violates subsection 1 is guilty of:

(a) If the person is in possession of a deadly weapon at the time of the violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

(b) If the person is not in possession of a deadly weapon at the time of the violation, but is in possession of a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a gross misdemeanor.

(c) If the person is not in possession of a deadly weapon or a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a misdemeanor.

3. This section does not apply to:

(a) A law enforcement officer conducting a criminal investigation or surveillance;

(b) A building inspector, building official or other similar authority employed by a governmental body while performing his or her duties; or

(c) An employee of a public utility while performing his or her duties.

In this article, our Las Vegas Nevada criminal defense attorneys discuss the following peering topics:

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Sealing Records
• 5. Immigration Consequences
• 6. Related Offenses
• Additional Reading

1. Elements

Nevada law defines peering as intentionally going to another’s home and spying through a window or other aperture. In short, Nevada prohibits being a “Peeping Tom.”

For you to be convicted of peering in Nevada in violation of NRS 200.603, prosecutors have to prove beyond a reasonable doubt these three elements:

1. You knowingly entered another’s property;
2. You intended to hide on the property to spy; and
3. You intended to spy through a window, door, or other opening of a dwelling.

There is no requirement that the peeping victim own, lease, or reside on the property. Plus, you can be convicted of peeping even if it turns out no one is home when you go on the property.¹

Example: Bart waits until it is dark to sneak into his pretty neighbor’s backyard so he can look into her bedroom window. When Bart looks into the window, there is no one there. Before Bart can leave the property, a patrolling police officer spots Bart and arrests him for peering. It does not matter that Bart did not end up seeing anything. The D.A. can prosecute as long as Bart had the intention to spy.

Note that Bart, in the above example, would not be guilty of peering if he formulated the intent to spy after he entered his neighbor’s land. Peeping charges apply only if the suspect entered the premises with the intent to spy.

Example: Bart’s dog escapes into his neighbor’s backyard. Bart goes into the backyard to retrieve the dog. While there, he notices his neighbor’s bedroom light is on. He then hides in the bushes and peeks into her window. Here, Bart did not have the intention to spy until after he was on the neighbor’s property. Therefore, he did not violate NRS 200.603. Arguably, he could still be prosecuted for other offenses such as trespass or stalking.

2. Penalties

The punishment for violating NRS 200.603 depends on whether you had a deadly weapon (such as a gun or knife) or a recording device, as the following table shows:

Nevada Peering Offense	Penalties
Peering while in possession of a deadly weapon	Category B felony: 1 to 6 years in Nevada State Prison, and possibly up to $5,000 in fines
Peering while in possession of a camera or sound recorder	Gross misdemeanor: up to 364 days in jail, and/or up to $2,000 in fines
Peering without a camera/recorder and without a deadly weapon	Misdemeanor: up to 6 months in jail, and/or up to $1,000 in fines2

Note that the D.A. may be willing to lessen peeping charges or drop them completely as part of a negotiated plea bargain.

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of defendants charged with privacy crimes such as peering. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed.

(Note that it is not a defense to peering charges that no one else was on the property, or that you did not see anyone else while spying.)

You Were Falsely Accused

Occasionally people levy false allegations against others out of anger or revenge or a simple mistake. If you may have been falsely accused, we would thoroughly investigate in an effort to find:

• video or eyewitness evidence showing that you never spied, and/or
• communications (such as text messages) by the accuser that show their motive to lie.

If the D.A. sees that the accuser is not trustworthy, your case may be dismissed.

You Had No Intent to Spy

You may get wrongfully arrested for peering merely because you were in the wrong place at the wrong time. Happening to catch someone through an open window by chance is no crime as long as you had no intent to spy when you entered the property.³

Prosecutors have the burden to prove guilt beyond a reasonable doubt. If we can show that there is insufficient evidence that you intended to peep, NRS 200.603 charges should not stand.

The Property Belonged To You

Peeping charges come into play only when you enter another person’s property.⁴ If you owed or lived at the home at the time of the alleged spying, then the D.A. should not press peering charges.

4. Sealing Records

Peering convictions can usually be sealed from your criminal record after a predetermined waiting period. The length of the wait depends on the category of crime you were convicted of, as the following table shows:

Nevada Peering offense	Waiting Period to Get a Record Seal
Category B felony (with a deadly weapon)	5 years after the case ends
Gross misdemeanor (with a camera or recorder)	2 years after the case ends
Misdemeanor	1 year after the case ends 5
Dismissal (no conviction)	No waiting period6

Learn more about getting Nevada record seals.

5. Immigration Consequences

Courts may consider peering a crime involving moral turpitude (CIMT), especially if it involves a deadly weapon. CIMTs are often deportable.⁷

Any immigrants and aliens who have been arrested in Nevada should consult with an experienced lawyer. The attorney may be able to get the charges dismissed or at least reduced to non-removable offenses.

6. Related Offenses

Capturing Image of Private Area of Another Person

Capturing the image of another’s private area (NRS 200.604) occurs when you intentionally photograph or take video of another person’s private parts when the victim has a reasonable expectation of privacy. “Private parts” comprise:

• genitalia or pubic area,
• buttocks, and/or
• female breasts

It makes no difference if the private parts are naked or clad with an undergarment.

A first offense is a gross misdemeanor, carrying up to 364 days in jail and/or up to $2,000 in fines.

A subsequent offense is a category E felony, carrying probation and a suspended sentence, with a possible jail sentence of up to one year. (Though if you have two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.)⁸

Stalking

Stalking (NRS 200.575) occurs when you willfully act in a way that causes another person to reasonably feel frightened or intimidated. It makes no difference if you had no intention of frightening or intimidating the victim.

A first offense of stalking, if the victim is at least 16, is typically a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. Though a subsequent offense, if the victim is at least 16, is a gross misdemeanor carrying up to 364 days in jail and/or $2,000 in fines.

Aggravated stalking — which is stalking that involves threatening the victim with death or substantial bodily harm (NRS 0.606) — is a category B felony carrying:

• 2 to 15 years in prison, and
• up to $5,000 in fines (at the judge’s discretion)⁹

Trespass

Trespass (NRS 207.200) is going on — or refusing to leave — another person’s property without that person’s permission. Many Las Vegas trespass cases involve intoxicated casino patrons who allegedly refuse hotel security’s requests to exit the premises.

Trespass is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines.¹⁰ If the incident happened at a casino, the casino may ban you from returning.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• To See and Be Seen: Reconstructing the Law of Voyeurism and Exhibitionism – American Criminal Law Review.
• Just Looking: Voyeurism and the Grounds of Privacy – Public Affairs Quarterly.
• Upskirting: A Statutory Analysis of Legislative Responses to Video Voyeurism 10 Years Down the Road – Criminal Justice Review.
  
• Up Skirts and Down Blouses: A Statutory Analysis of Legislative Responses to Video Voyeurism – Criminal Justice Studies.
  
• Peeping: Open justice and law’s voyeurs – Cultural Legal Studies.

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Legal References