1. A person shall not knowingly, intentionally and for the purpose of committing fraud, identity theft or any other unlawful act:
(a) Capture, store or read information from the radio frequency identification document of another person without the other person’s knowledge and prior consent; or
(b) Retain, use or disclose information that the person knows to have been obtained from the radio frequency identification document of another person without the other person’s knowledge and prior consent.
2. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) “Identity theft” means a violation of the provisions of NRS 205.463, 205.464 or 205.465.
(b) “Radio frequency identification” means the use of electromagnetic radiating waves or reactive field coupling in the radio frequency portion of the spectrum to read or communicate personal identifying information to or from a radio frequency identification document through a variety of modulation and encoding schemes.
(c) “Radio frequency identification document” means any document containing data which is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity.
(Added to NRS by 2009, 761)
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