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
Harassment
Related Offenses
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)
- 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.
- 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.
- 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.
- 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.
- The
penalties provided in this section do not preclude the victim from seeking
any other legal remedy available.
- 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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Harassment
Nev. Rev. Stat. Ann. §
200.571. Harassment: Definition;
penalties. (2001)
1.
A
person is guilty of harassment
if:
(a)
Without lawful authority, the
person knowingly threatens:
(1)
To
cause bodily injury in the future to the person threatened or to any other
person;
(2)
To
cause physical damage to the property of another person;
(3)
To
subject the person threatened or any other person to physical confinement or
restraint; or
(4)
To do
any act which is intended to substantially harm the person threatened or any
other person with respect to his physical or mental health or safety;
and
(b)
The
person by words or conduct places the person receiving the threat in
reasonable fear that the threat will be carried out.
2.
Except where the provisions of
subsection 2 or 3 of NRS
200.575 are applicable, a person who is guilty of harassment:
(a)
For
the first offense, is guilty of a misdemeanor.
(b)
For
the second or any subsequent offense, is guilty of a gross
misdemeanor.
3.
The
penalties provided in this section do not preclude the victim from seeking any
other legal remedy available.
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Related
Offenses
Nev. Rev. Stat. Ann. §
200.604.
Capturing image of private area of another person; distributing,
disclosing, displaying, transmitting or publishing image of private area of
another person; penalties; exceptions; confidentiality of image. (2007)
1.
Except as otherwise provided in
subsection 4, a person shall not knowingly and intentionally capture an image
of the private area of another person:
(a)
Without the consent of the other
person; and
(b)
Under
circumstances in which the other person has a reasonable expectation of
privacy.
2.
Except as otherwise provided in
subsection 4, a person shall not distribute, disclose, display, transmit or
publish an image that the person knows or has reason to know was made in
violation of subsection 1.
3.
A
person who violates this section:
(a)
For a
first offense, is guilty of a gross misdemeanor.
(b)
For a
second or subsequent offense, is guilty of a category E felony and shall be
punished as provided in NRS
193.130.
4.
This
section does not prohibit any lawful law enforcement or correctional activity,
including, without limitation, capturing, distributing, disclosing,
displaying, transmitting or publishing an image for the purpose of
investigating or prosecuting a violation of this
section.
5.
If a
person is charged with a violation of this section, any image of the private
area of a victim that is contained within:
(a)
Court
records;
(b)
Intelligence or investigative
data, reports of crime or incidents of criminal activity or other
information;
(c)
Records of criminal history, as
that term is defined in NRS
179A.070;
and
(d)
Records in the Central
Repository for Nevada Records of Criminal History,
is confidential and, except as
otherwise provided in subsections 6 and 7, must not be inspected by or
released to the general public.
6.
An
image that is confidential pursuant to subsection 5 may be inspected or
released:
(a)
As
necessary for the purposes of investigation and prosecution of the
violation;
(b)
As
necessary for the purpose of allowing a person charged with a violation of
this section and his attorney to prepare a defense;
and
(c)
Upon
authorization by a court of competent jurisdiction as provided in subsection
7.
7.
A
court of competent jurisdiction may authorize the inspection or release of an
image that is confidential pursuant to subsection 5, upon application, if the
court determines that:
(a)
The
person making the application has demonstrated to the satisfaction of the
court that good cause exists for the inspection or release;
and
(b)
Reasonable notice of the
application and an opportunity to be heard have been given to the
victim.
8.
As
used in this section:
(a)
"Broadcast" means to transmit
electronically an image with the intent that the image be viewed by any other
person.
(b)
"Capture," with respect to an
image, means to videotape, photograph, film, record by any means or
broadcast.
(c)
"Female breast" means any
portion of the female breast below the top of the
areola.
(d)
"Private area" means the naked
or undergarment clad genitals, pubic area, buttocks or female breast of a
person.
(e)
"Under circumstances in which
the other person has a reasonable expectation of privacy"
means:
(1)
Circumstances in which a
reasonable person would believe that he could disrobe in privacy, without
being concerned that an image of his private area would be captured;
or
(2)
Circumstances in which a
reasonable person would believe that his private area would not be visible to
the public, regardless of whether he is in a public or private
place.
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