1. Except as otherwise provided in subsection 2, the Secretary of State shall, upon request, issue an authentication to verify that the electronic signature of the electronic notary public on an electronic document is genuine and that the electronic notary public holds the office indicated on the electronic document. The authentication must be:
(a) Signed by the Secretary of State; and
(b) In conformance with any relevant international treaties, agreements and conventions subscribed to by the Government of the United States, including, without limitation, the Hague Convention of October 5, 1961.
2. The Secretary of State shall not issue an authentication pursuant to subsection 1 if:
(a) The electronic document has not been electronically notarized in accordance with the provisions of NRS 240.001 to 240.206, inclusive;
(b) The Secretary of State has reasonable cause to believe that the electronic document may be used to accomplish any fraudulent, criminal or unlawful purpose; or
(c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to:
(1) Harass a person; or
(2) Accomplish any fraudulent, criminal or other unlawful purpose.
3. No civil action may be brought against the Secretary of State on the basis that:
(a) The Secretary of State has issued an authentication pursuant to subsection 1; and
(b) The document has been used to:
(1) Harass a person; or
(2) Accomplish any fraudulent, criminal or other unlawful purpose.
4. A person who uses a document for which an authentication has been issued pursuant to subsection 1 to:
(a) Harass a person; or
(b) Accomplish any fraudulent, criminal or other unlawful purpose,
is guilty of a category C 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 5 years, and may be further punished by a fine of not more than $5,000.
5. The Secretary of State may adopt regulations to carry out the provisions of this section.
(Added to NRS by 2009, 3025; A 2017, 85)
Structure Nevada Revised Statutes
Chapter 240 - Notaries Public and Commissioned Abstracters
NRS 240.002 - "Acknowledgment" defined.
NRS 240.0025 - "Credible witness" defined.
NRS 240.0028 - "Domestic partners" defined.
NRS 240.003 - "In a representative capacity" defined.
NRS 240.0035 - "Jurat" defined.
NRS 240.004 - "Notarial act" defined.
NRS 240.005 - "Notarial officer" defined.
NRS 240.0055 - "Notarial record" defined.
NRS 240.0063 - "Notary public" defined.
NRS 240.0065 - "Person" defined.
NRS 240.0067 - "State" defined.
NRS 240.015 - General qualifications; conditions for appointment of resident of adjoining state.
NRS 240.017 - Regulations of Secretary of State.
NRS 240.020 - Powers limited to areas within this State; term of office.
NRS 240.031 - Annual submission of copy of business license by resident of adjoining state.
NRS 240.045 - Replacement of lost or inoperable stamp; prerequisite to production of stamp.
NRS 240.051 - Actions required upon resignation or death of notary public.
NRS 240.060 - Powers of notary public.
NRS 240.061 - Performance of authorized notarial acts; restricted notarial acts.
NRS 240.062 - Personal knowledge of identity.
NRS 240.065 - Restrictions on powers of notary public; exceptions.
NRS 240.075 - Prohibited acts.
NRS 240.110 - Posting of table of fees.
NRS 240.130 - Only authorized fees to be charged.
NRS 240.143 - Unlawful possession of certain personal property of notary public.
NRS 240.145 - Unlawful reproduction or use of completed notarial certificate; penalty.
NRS 240.147 - Unlawful destruction, defacement or concealment of notarial record.
NRS 240.161 - Short title; uniformity of application and construction.
NRS 240.1635 - Notarial acts in this State.
NRS 240.164 - Notarial acts in other jurisdictions of United States.
NRS 240.1645 - Notarial acts under federal authority.
NRS 240.165 - Foreign notarial acts.
NRS 240.166 - Short form for acknowledgment in individual capacity.
NRS 240.1663 - Short form for administering oath or affirmation of office.
NRS 240.1665 - Short form for acknowledgment in representative capacity.
NRS 240.1667 - Short form for acknowledgment containing power of attorney.
NRS 240.167 - Short form for execution of jurat.
NRS 240.168 - Short form for certifying copy of document.
NRS 240.1685 - Short form for jurat of subscribing witness.
NRS 240.169 - Short form for acknowledgment of credible witness.
NRS 240.175 - Criminal penalties.
NRS 240.1821 - "Audio-video communication" defined.
NRS 240.1823 - "Credential" defined.
NRS 240.1825 - "Dynamic knowledge-based authentication assessment" defined.
NRS 240.183 - "Electronic" defined.
NRS 240.184 - "Electronic document" defined.
NRS 240.185 - "Electronic notarial act" defined.
NRS 240.186 - "Electronic notary public" defined.
NRS 240.187 - "Electronic seal" defined.
NRS 240.188 - "Electronic signature" defined.
NRS 240.1882 - "In the presence of" or "appear before" defined.
NRS 240.191 - Unlawful acts; injunctive relief.
NRS 240.192 - Registration; oath and bond; fee; electronic notary public.
NRS 240.1943 - Course of study for registration.
NRS 240.196 - Powers of electronic notary public.
NRS 240.199 - Evidence of electronic notarial act; electronic document to be tamper-evident.
NRS 240.19902 - Short form for certifying copy of electronic document.
NRS 240.1991 - Requirements for use of audio-video communication: Technology.
NRS 240.1993 - Requirements for use of audio-video communication: Location.
NRS 240.1997 - Electronic notarial acts using audio-video communication: Confirmation of identity.
NRS 240.1999 - Recording certain electronic documents relating to real property.
NRS 240.240 - Creation of office.
NRS 240.250 - Appointment and commission.
NRS 240.270 - Fee for commission; oath and bond.
NRS 240.290 - Acts may be performed anywhere in State.