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Stalking Charges In Las Vegas, Nevada
Stalking is a pattern of harmful or purposeful conduct that makes the victim feel threatened or afraid for their safety. Every year, around eight percent of women and two percent of men will be stalked at some point in their lives. Most stalkers are males. The majority of stalking cases involve a person who persistently focuses on another individual, the target. The stalker might lurk behind or beside the victim, watch him/her, break into his/her home or place of employment, and try to contact him/her via phone, text message, email, and paper mail. However, it is also all too common for someone to be unfairly accused of stalking for a variety of reasons. When your invites for a date are taken the wrong way or when your route home coincides with that of a coworker, you might be surprised when he or she interprets your attention as stalking. But it’s important to understand that stalking is intentional behavior, and people’s social actions are very frequently misinterpreted.
If you’ve been accused of stalking, the first thing that comes to mind is probably to contact the accuser and try to explain yourself. However, this is one of the most disastrous things you can do. It might complicate your case and your situation even more. Rather than doing this, get in touch with an experienced Las Vegas stalking defense attorney immediately. The Spartacus Law Firm is well-versed in these types of criminal defense cases and has helped numerous individuals just like you before. Contact us today for a consultation and to learn more about how we can help.
What Is Considered Stalking In Nevada?
According to NRS 200.575 stalking is defined as a pattern of conduct that makes the victim feel frightened, intimidated, fearful, and harassed. Stalking includes making the victim concerned for the safety of his or her immediate family members, pets, and close friends.
It is extremely unusual for a complete stranger to stalk someone, even celebrities. The most common form of stalking appears to be domestic abuse since the majority of stalkers are males who pursue ex-wives and ex-girlfriends. Many of these men physically or sexually abused their former partner, with a few committing murder after following their victim.
The Crime Of Stalking Under NRS 200.575 Prohibits A Person From:
- Willfully or maliciously;
- Engaging in a course of conduct;
- That would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful;
- For the immediate safety of a family or household member, and
- That actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member.
The penalty for a first offense of stalking is a misdemeanor, and any second or subsequent conviction is punishable as a gross misdemeanor. Stalking can also be prosecuted as contempt of court when the person charged also violated a court order not to contact the alleged victim.
Penalties For Aggravated Stalking Under Nevada Law
The crime of stalking is defined as engaging in a course of conduct directed at another person that would cause a reasonable person to fear death or bodily injury. Unless the stalker’s actions put the target in immediate peril of death or serious physical harm, the offense becomes a misdemeanor. Stalking offenses three and above are considered felonies without regard to whether any particular act rises to the level of criminality. Misdemeanors are generally fined or sentenced to a few months in jail, whereas felonies are considered severe crimes that might result in lengthy prison sentences and often have severe long-term consequences, such as limiting your job prospects. In Nevada, a first-time stalking offense under NRS 200.575 where the victim is at least 16 years old is usually a misdemeanor, with penalties including:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines
In Nevada, aggravated stalking implies that the stalker has committed each element of stalking “in conjunction therewith,” with the purpose to cause the person to be placed in reasonable fear of death or substantial bodily harm. Aggravated stalking is classified as a B felony in Nevada, punishable by:
- 2 – 15 years in Nevada State Prison, and
- Up to $5,000 in fines (at the judge’s discretion)
If you’re charged with aggravated stalking in Nevada, it’s critical that you work with an experienced Las Vegas stalking defense attorney. With the right defense, the D.A. may be willing to agree to a plea bargain in Nevada where the charge gets reduced to a lesser offense or even a dismissal.
Cyberstalking Charges In Nevada
The crime of cyberstalking in Nevada is classified as a felony under NRS 200.575(3) when the offender uses “an Internet or network site, electronic mail, text messaging, or any other similar means of communication to publish, display, or distribute information in such a manner that it substantially increases the risk of harm or violence to the victim.”
The term “internet or network site” is defined in NRS 205.4744. The term “text messaging” is interpreted as “means communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person’s telephone or computer by addressing the communication to the recipient’s telephone number.”
Cyberstalking is classified as a category C felony, which is punishable by one to five years in prison and a fine of not more than $10,000, as specified in NRS 193.130.
Defenses To Stalking, Aggravated Stalking, Or Cyberstalking In Nevada
The most common defenses to stalking charges in Nevada are acts which, under constitutional or statutory law, regulation, or order of a court of competent jurisdiction, such as:
• Picketing during a strike, work stoppage, or any other labor dispute is called picketing;
• When a reporter, photographer, camera operator, or other individual is engaged by or works for a newspaper, magazine, press association, radio, or television station and is working only in his/her professional capacity while gathering information for communication to the public, these activities are not considered to be an extension of the media’s newsgathering operation;
• The tasks of a person who is employed in the regular course of business;
• Activities carried out as a result of one’s exercise of the constitutionally protected rights of freedom of speech and assembly are considered peaceful.
