Nevada Criminal Harassment Lawyers

Harassment is defined as unwanted attention or unacceptable behavior directed towards another person. It is occasionally seen in the workplace. Criminal harassment differs from workplace harassment in that the perpetrator of criminal harassment might face jail time if convicted.

When Does Harassment Become a Criminal Offense in Nevada?

In Nevada, a person can be prosecuted with criminal harassment if they knowingly and without legal power threaten to:

• Cause bodily harm to a victim
• Damage a victim’s property
• Commit an act with the aim of causing significant mental or physical injury to a victim or any other individual.
• Put the sufferer or another person under bodily restraint or imprisonment.

Is it Still Criminal Harassment if All I Do is Say Something to the Alleged Victim?

Yes. In Nevada, comments that cause a reasonable fear in the recipient receiving the threat are considered harassment. Because the victim has a reasonable fear that the threat will occur, the statements constitute a crime. Actions can also be used to carry out the threat.

In Nevada, are Criminal Harassment and Stalking Similar Crimes?

Stalking is defined as the unlawful, intentional, and willful act of frightening, intimidating, harassing, or putting a person in fear of their safety. The victim may be stalked, as well as family and household members. Criminal harassment is the act of directly threatening someone with words or deeds.

What Is the Penalty in Nevada for a First-Offense Harassment Conviction?

A person convicted for the first time of harassment receives a misdemeanor punishment of:

1. $1,000 fine and six months in county prison
2. A fine or county jail term

Is a Second Conviction for Criminal Harassment in Nevada also a Misdemeanor?

Yes, but it is a gross misdemeanor. This category of offense has the following penalties:

• A year in county jail and a $2,000 fine

Fear of Death or Serious Physical Harm

If the claimed harassment causes the “victim” to fear serious bodily danger, the D.A. may instead file category B charges, which carry a term of 2 to 15 years in jail and a $5,000 fine.

Harassment on the Internet

If the threatening behavior occurred via the internet, text messaging, or a similar service, the harassment may be charged as a category C felony, which carries a sentence of 1 to 5 years in jail and a $10,000 fine.

Protection Orders

In many Nevada harassment cases, a judge will also issue either a temporary protection order (TPO) or an extended protective order (EPO), which requires the suspect to stay away from the victim” for a set length of time. Intentionally breaching one of these instructions may result in greater punishment than the harassment itself.

In Nevada, knowingly defying a temporary injunction is a felony. The punishment is 364 days in prison or a $2,000 fine.

In addition, knowingly violating an extended order is a category C felony. The penalty is one to five years in prison and a $10,000 fine.

Non-Citizens

Because harassment can be considered a “crime involving moral turpitude” (CIMT), immigrants arrested for it face deportation if convicted. That is why it is critical for any alien accused of any crime to retain representation to reduce the charges to something non-removable and maintain their resident status.

Harassment on Social Media

In the last few years, there has been a significant increase in claims of internet harassment.
Online abuse can take several forms, including:

• An electronic mail text message
• Social media statements, such as those made on Facebook or Twitter

Cyber harassment is a category C crime punishable by a prison sentence of one to five years and/or a $10,000 fine.

What Exactly is a Quid Pro Quo?

When a supervisor promises an employee promotion possibilities in exchange for sexual favors, this is typical sexual harassment. Quid pro quo is a Latin word that means “this for that.”

In these circumstances, the employee will often perform sexual favors, and the supervisor will provide some career opportunity, such as a raise, promotion, training opportunity, or promise not to take a negative employment action, such as dismissing the employee.

It is crucial to note that even if inappropriate sexual advances are indicated, engaging in this form of negotiating in the workplace is illegal.

What Constitutes a Hostile Work Environment?

A single word or jest, even if sexual in nature or including a sexual act, is not usually considered sexual harassment. However, if the comments, jokes, and other words or acts are frequent enough to create a hostile work environment, it is deemed sexual harassment.

According to the United States Supreme Court, all circumstances must be examined to assess whether a hostile work environment exists. The conditions include the following:

• The frequency of the discriminatory behavior, or how frequently it occurred;
• The severity of the discriminatory behavior, or how awful it was;
• Whether the behavior was physically humiliating or frightening; and
• Whether the employee’s capacity to accomplish their work was interfered with unfairly.

What constitutes a hostile work environment will vary depending on the conditions of each job situation. Sexual harassment or instilling fear and intimidation can both contribute to a hostile work environment.

It may be useful to consider a rather extreme scenario to comprehend this topic better. Suppose a person works in a tattoo parlor and finds the environment unfriendly since people do not wear specific articles of clothing when getting tattoos.

Given the common nature of a workplace like this one, this employee is unlikely to be able to demonstrate that a hostile work environment exists convincingly. This is because having a tattoo necessitates the removal of certain types of clothing.

If this employee dislikes tattoos or finds them objectionable, they should have considered this before accepting work. It would be absurd to expect the workplace to adapt to the demands of the employees.

However, suppose the workplace is a professional office, and an employee walks around without wearing clothing that reveals offensive tattoos.

In that case, the employee is more likely to argue that this produced a hostile work environment successfully. This is especially true when individuals are acting in an attempt to intimidate or make another employee uncomfortable.

How Do I Contest the Charges?

If you’ve been charged with harassment in Nevada, remember that you can’t be convicted unless the prosecution establishes you’re guilty beyond a reasonable doubt. And because many of these cases have no concrete evidence other than the supposed victim’s statements, it’s not uncommon for prosecutors to dismiss the case or downgrade it to a lesser charge.

The following are some defenses your lawyer may consider:

• Your acts were defensive in nature.
• The “victim” is making up stories about what you said or did.
• Your behavior did not constitute harassment.
• You were acting under “lawful authority” (such as a security guard or cop), or your acts were protected by the First
• Amendment’s freedom of speech and assembly.

Do I Need an Attorney?

An accusation of criminal harassment can significantly impact your life and result in a criminal record. You should speak with a local Nevada criminal lawyer in your area to learn more about the criminal charge and how to settle it.