Stalking in Nevada is defined as:
“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, 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, commits the crime of stalking. (NRS 200.575)
Examples of stalking include: following an individual; showing up unexpectedly at home, work or school where a victim can be expected to be; repeatedly calling an individual; repeatedly emailing, texting or contacting through social media sites; sending unwanted gifts; and in some more extreme cases: monitoring whereabouts through the use of technology; searching an unattended vehicle; breaking into a victim’s residence; damage to property; threats of harm to the victim and related persons.
Penalties for Stalking
The penalties for stalking become more harsh depending a variety of factors, such as, the number of convictions for this crime; whether the internet was used in the stalking behavior; whether a Temporary or Extended Protective Order was in place; and whether a death threat or threat of bodily harm was involved.
- A simple first time stalking charge with no protective order, no use of the internet and where the victim did not fear substantial bodily harm or death, is a misdemeanor and carries a penalty of up to six months in jail, and/or a fine of up to $1,000.
- A second offense is considered a gross misdemeanor and the perpetrator, if convicted, can face up to 364 days in jail and/or a fine of $2,000
- Use of the internet to stalk, through emailing, texting, and contacting on social media, if proven, is considered a Category C felony with a penalty of one to five years in State Prison, and/or a fine of up to $10,000
- Cases where the victim feared substantial bodily harm or death are considered Category B felonies with possible penalties of two to 15 years in Nevada State Prison and/or up to a $5,000 fine.
- If a Temporary Protective Order (TPO), which lasts for 30 days, is in place when stalking occurs, in addition to the penalties listed above, a 364 day jail sentence can be added, and up to $2,000 fine; if an Extended Protective Order (EPO) is in place, which can last up to one year, it is considered a Category C felony with one to five years in State Prison, and/or up to $10,000.
Defense Against a Stalking Charge
Two items need to be proved beyond a reasonable doubt by the prosecution in a stalking case: that the conduct was willful and malicious. Determining the malicious nature of a stalking crime may involve a review of written contacts, letters, notes, emails, etc. between the alleged stalker and the victim, and/or recordings of phone calls.
In some cases, a former spouse, girlfriend or boyfriend, or other acquaintance files stalking charges falsely, in order to extract revenge for various reasons.
If the alleged stalking behavior occurred as a normal part of your job, for example, as a reporter, or photographer; or the behavior did not rise to the level of stalking; or the alleged behaviors were constitutionally protected forms of free speech, your attorney can build a defense which will increase the likelihood of a plea bargain or dismissal.
The Defenders Knows How to Defend You if Charged with Stalking
If you have been charged with stalking, the penalties are severe and can ruin your life. You need the services of a skilled attorney to defend against such charges. Call The Defenders today to discuss your potential case at (702) 333-3333.