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.
- 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.
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:
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.
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.
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.