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.
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.
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.
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.