Nevada has a stalking law that outlaws the malicious or willful engagement in the course of conduct that would reasonably cause someone to fear being harmed, terrorized, frightened, or intimated. The act of intentionally causing a victim to fear they will be terrorized, harmed, intimated, or frightened. A victim may be constantly contacted on the phone or followed.
A person convicted of stalking faces six months in jail for a first offense, as it is a misdemeanor. A subsequent stalking conviction is a gross misdemeanor, punishable by up to one year in jail.
What Are the Elements of Stalking?
A stalker is a person who engages in unwanted conduct that is harassing or irritating. Repeated harassing or annoying conduct can include, for example, repeated unwanted threats, following the victim, multiple unwanted emails, letters, or telephone calls, and other unwanted conduct, such as the destruction of personal property or vandalism.
The conduct must be intended to harass, intimidate, or cause emotional distress to qualify as stalking.
Additionally, if the course of conduct involves threats against property or safety, those threats must be credible. In other words, the stalker must engage in specific, physical, or verbal behavior that would frighten both the victim and the average person.
Threats that are vague or made in jest may not be credible. If, for example, a would-be stalker jokingly states to the would-be victim, “One day, I’ll scratch your car — just kidding,” the threat would not be considered credible because it was made in jest and because there was no sense of urgency (i.e., “one day,” rather than “one hour”).
What Is a Course of Conduct?
In general, a course of conduct is a pattern of behavior. Patterns of conduct consist of at least two acts intended to intimidate or fear the victim.
What Does “To Be Put in Fear” Mean?
When a stalker intends to cause emotional distress, physical harm (again to the victim or a specific family member or friend), damage to property, or death to the victim, it is called stalking.
Moreover, the victim must be made to fear these things. Stalking does not occur if the target is not actually afraid.
How May Stalking Occur?
Stalking can take many forms.
These include (but are not limited to):
- Monitoring a person’s movement or activity; either through physical or electronic means; or
- Sending unwanted texts or instant messages to someone; or
- Sending unwanted letters or emails; or
- Following someone to or from their home, place of business, place of worship, or school
When stalking occurs online, it is generally referred to as cyberstalking or Internet stalking. A stalker uses the Internet to harass, threaten, or intimidate another to cause fear or emotional distress.
What Is Aggravated Stalking in Nevada?
Stalking occurs when one places a victim in a position of feeling harassed or scared. Stalking and threatening a victim with the intent of causing substantial harm or death is considered aggravated stalking.
Must I Make a Death Threat to the Alleged Victim to Be Charged with Aggravated Stalking?
No. To be charged with aggravated stalking, one does not have to make overt death threats. By engaging in other intimidating behavior, such as displaying a weapon to a victim, the perpetrator can put the victim in a position of fear.
What Is the Punishment for Aggravated Stalking in Nevada?
Aggravated stalking is a category B felony punishable by:
- Two to 15 years in prison
- $5,000 fine
- Both fine and prison time
A misdemeanor stalking charge, which usually involves harassment, carries a prison sentence of up to one year. Felony stalking is a more serious offense that can result in imprisonment for a year or more, fines, or penalties.
The consequences of stalking may go beyond jail time, fines, and penalties. A judge can, for example, issue a restraining order prohibiting the stalker from contacting the victim.
Stalkers can be subject to restraining orders while imprisoned and while on probation. A state sexual offender registry may require the stalker to register as a sex offender if the stalking is sexual in nature.
What Is the Typical Sentence for a Class B Felony?
A defendant’s actual sentence for committing a Class B felony depends on the jurisdiction in which they committed the crime. In many jurisdictions, a defendant will serve at least one year in prison for a Class B felony. The charge and facts of the case may result in additional fines or prison time. For example, a defendant may face at least 25 years in prison in federal court.
Does a Class B Felony Have a Minimum Sentence?
No, unless the jurisdiction in which the felony charges are filed has mandatory minimum sentencing.
Can I Receive a Harsh Sentence for a Class B Felony?
A judge usually decides whether to give a defendant a harsh sentence. A judge may sentence a defendant to a harsher sentence if extenuating circumstances exist.
What Is an Extenuating Circumstance?
An extenuating or aggravating circumstance is a circumstance that makes the crime worse than if it had not been present.
Extenuating circumstances include:
- Use of a deadly weapon
- Hate crime
- Prior convictions
- Sexual offenses involving a minor
Can I Receive Probation for an Aggravated Stalking Conviction Instead of Prison Time?
Probation may be an alternative to prison. The judge may suspend the person’s prison sentence and make them serve their sentence on probation instead. If the person has already been convicted of two other felonies and is deemed a habitual felon by the state, then probation will not be granted.
Are There Defenses to the Crime of Stalking?
All criminal defendants are entitled to due process rights. Until guilt is proven, these rights include the presumption of innocence. The prosecution must also prove each element of the crime beyond a reasonable doubt as part of due process.
A defendant can defend against a stalking charge by demonstrating that one or more of the elements of the offense have not been proven by the prosecution. For example, the defendant may prove that the victim was not in fear or that the defendant did not intend to place the victim in fear.
Stalking can also be defended in several other ways. These include, but are not limited to:
- The defendant was exercising their legal rights: As a result of this defense, the defendant’s speech was protected by the First Amendment. Speech that merely annoys another individual, without more, is generally constitutionally protected;
- Mistaken identity: The defendant asserts that someone else has engaged in stalking behavior. This defense may be successful if, for example, the defendant can show that repeated, threatening, unwanted emails were sent not by the defendant but by someone who has hijacked the defendant’s email account and is stalking someone else using the defendant’s name.
Should I Get a Lawyer to Defend Me Against Stalking Accusations?
An accusation of aggravated stalking is a serious offense that you will likely need legal assistance to overcome. A stalking charge could result in serious fines or lengthy sentences. You will not want to fight these charges by yourself. Contact a Nevada criminal lawyer about the best way to resolve this criminal charge.
