Welcome to the Stalking Resource Center

The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.

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)
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. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

6. 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.

Back to top


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.


Back to top



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.


Back to top