NRS398.496. Prohibition on certain conduct by athlete’s agent; penalties for violation of Act, regulations and certain orders.

      1.  An athlete’s agent shall not, with the intent to induce a student athlete to enter into any contract:

      (a) Give any materially false or misleading information or make a materially false promise or representation;

      (b) Furnish anything of value to the student athlete before the student athlete enters into the contract; or

      (c) Furnish anything of value to a natural person other than the student athlete or another registered athlete’s agent.

      2.  An athlete’s agent shall not intentionally:

      (a) Initiate communication, direct or indirect, with a student athlete to recruit or solicit the student athlete to enter into a contract of agency, unless the agent is registered pursuant to NRS 398.400 to 398.620, inclusive;

      (b) Refuse or fail to retain or permit inspection of records required to be retained pursuant to NRS 398.480;

      (c) Fail to register when required pursuant to NRS 398.448;

      (d) Include materially false or misleading information in an application for registration or renewal of registration;

      (e) Predate or postdate a contract of agency; or

      (f) Fail to notify a student athlete, before the student athlete signs or otherwise authenticates a contract of agency for a particular sport, that the signing or authentication will make the student athlete ineligible to participate as a student athlete in that sport.

      3.  A person who willfully violates:

      (a) A provision of NRS 398.400 to 398.620, inclusive;

      (b) A regulation adopted by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive; or

      (c) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive,

Ê is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      4.  A person who violates:

      (a) A regulation adopted by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive; or

      (b) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive,

Ê without knowledge of the regulation or order, is guilty of a misdemeanor and shall be punished by a fine of not more than $25,000.

      5.  The provisions of NRS 398.400 to 398.620, inclusive, do not limit the power of the State of Nevada to punish a person for conduct which constitutes a crime pursuant to any other law.

      (Added to NRS by 2001, 1303; A 2003, 2125; 2013, 984)