Nevada
This page lists the most applicable state crimes
addressing stalking. However, depending on the facts of the case, a stalker
might also be charged with other crimes, such as trespassing, intimidation of
a witness, breaking and entering, etc. Check your state code or consult with
your local prosecutor about other charges that might apply in a particular
case.
Stalking
Analyzing Stalking Laws
Nev. Rev. Stat. Ann. § 200.581. Where offense committed.
(2001) Harassment, stalking or
aggravated stalking shall be deemed to have been committed where the conduct
occurred or where the person who was affected by the conduct was located at
the time that the conduct occurred.
Stalking
Nev.Rev. Stat. Ann. § 200.575. Stalking: Definitions; penalties. (2009)
1. A
person who, without lawful authority, willfully or maliciously engages in a
course of conduct that would cause a reasonable person to feel terrorized,
frightened, intimidated, or harassed, or fearful for the immediate
safety of a family or household member, and
that actually causes the victim to feel terrorized, frightened,
intimidated, or harassed, or fearful for the immediate
safety of a family or household member, commits
the crime of stalking. Except where the provisions of subsection 2 or 3 are
applicable, a person who commits the crime of
stalking:
(a) For
the first offense, is guilty of a misdemeanor.
(b) For
any subsequent offense, is guilty of a gross
misdemeanor.
2. A
person who commits the crime of stalking and in conjunction therewith
threatens the person with the intent to cause him to be placed in reasonable
fear of death or substantial bodily harm commits the crime of aggravated
stalking. A person who commits the crime of aggravated stalking shall be
punished for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than
$5,000.
3. A
person who commits the crime of stalking with the use of an Internet or
network site, or electronic
mail,
text messaging or
any other similar means of communication to publish, display or distribute
information in a manner that substantially increases the risk of harm or
violence to the victim shall be punished for a category C felony as provided
in NRS 193.130.
4. Except
as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty
provided for in this section may be imposed in addition to any penalty that
may be imposed for any other criminal offense arising from the same conduct
or for any contempt of court arising from the same
conduct.
5. If the court finds that a person convicted of stalking pursuant to this section committed the crime against a person listed in subsection 1 of NRS 33.018 and that the victim has an ongoing, reasonable fear of physical harm, the court shall enter the finding in its judgment of conviction or admonishment of rights.
6. If the court includes such a finding in a judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in section 5 of this act.
7. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B 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 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B 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 6 years, and may be further punished by a fine of not more than $5,000.
8. As
used in this section:
(a) "Course of conduct" means a pattern of
conduct which consists of a series of acts over time that evidences a
continuity of purpose directed at a specific person.
(b) "Family
or household member" means a spouse, a former spouse, a parent or other person
who is related by blood or marriage or is or was actually residing with the
person.
(c) "Internet
or network site" has the meaning ascribed to it in NRS 205.4744.
(d) "Network"
has the meaning ascribed to it in NRS 205.4745. [(d)]
(e) "Provider
of Internet service" has the meaning ascribed to it in NRS
205.4758.
(f) "Text
messaging" means a 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.
(g) "Without
lawful authority" includes acts which are initiated or continued without the
victim's consent. The term does not include acts which are otherwise protected
or authorized by constitutional or statutory law, regulation or order of a
court of competent jurisdiction, including, but not limited
to:
(1) Picketing
which occurs during a strike, work stoppage or any other labor
dispute.
(2) The
activities of a reporter, photographer, cameraman or other person while
gathering information for communication to the public if that person is
employed or engaged by or has contracted with a newspaper, periodical, press
association or radio or television station and is acting solely within that
professional capacity.
(3) The
activities of a person that are carried out in the normal course of his lawful
employment.
(4) Any
activities carried out in the exercise of the constitutionally protected
rights of freedom of speech and assembly.
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