Nevada Stalking Attorneys

Stalking is a pattern of actions to harass or annoy someone without that person’s knowledge or consent. The deliberate action could be anything from following them without their permission to showing up at the victim’s house or place of employment.

What Constitutes Stalking in Nevada?

According to Nevada law, stalking is defined as a malicious and purposeful course of behavior that someone participates in without legal authorization and that would reasonably produce the following feelings whether they, their family, or other household members are protected right now:

• Intimidated
• Frightened
• Terrorized
• Harassed
• Fearful

What Constitutes a Stalking?

Stalking is an unwelcome pattern of behavior that is upsetting or unpleasant. Recurrent threats, following the victim, numerous unsolicited emails, letters, or phone calls, as well as other undesirable behaviors like vandalism or property destruction are all examples of repeated harassing or unpleasant behavior.

The conduct must be meant to harass, intimidate, or cause emotional distress to qualify as stalking.

Additionally, if the course of conduct includes threats against property or personal safety, those threats must be genuine. In other words, the stalker must engage in specific, physical, or verbal behavior that would terrify both the victim and the general public.

A threat may not be considered serious if made in jest or with vague threats. For instance, if a potential stalker made the lighthearted threat, “One day, I’ll scratch your car – just kidding,” to the potential victim, the threat would not be taken seriously because it lacked any sense of immediacy (i.e., “one day,” as opposed to “in one hour”).

What Exactly Is a “Course of Conduct”?

A person’s “course of conduct” might be defined as a sequence of behaviors they take over time specifically targeted toward one person. The selected victim is the target of a set of actions or a course of behavior.

What Does It Mean to “Be Put in Fear”?

Stalking happens when a person pursues another person with the intent to cause them emotional distress or to make them fear for their safety from bodily danger (either to themselves or a specific relative or friend), destruction of their personal belongings, or even death. The victim must be made to fear these things as well. Stalking has not taken place if the intended victim is not genuinely made to feel threatened.

What Kind of Behavior Qualifies as Stalking?

Nevada defines the following conduct as stalking:

• Unwanted communication
• Pursuing a victim all over
• Causing harm to, obliterating, or vandalizing a victim’s property
• Contacting the family and friends of a victim

Is Internet Stalking in Nevada the Same as Traditional Stalking?

Nevada classifies cyberstalking as a distinct offense. Internet stalking, also known as cyberstalking, is the malicious use of the internet to carry out a predetermined course of action to scare a victim.

In Nevada, Can I Go to Jail for a Conviction of Stalking?

Yes, and how long you serve in jail will depend on how many times you’ve been found guilty of stalking. Because stalking is a misdemeanor, you might spend up to six months in jail for a first violation. A year in jail is the maximum sentence for a serious misdemeanor, which is any subsequent crime.

Are there any Defenses to the Crime of Stalking?

Due process rights are granted to all criminal defendants. One of these rights is the assumption of innocence until guilt is established. To follow due process, the prosecution must indubitably establish each element of the crime.

A defendant can refute a stalking accusation by arguing that the prosecution has not demonstrated one or more essential elements of the crime. For instance, the defendant might accomplish this by demonstrating that the victim was not made to feel fearful or that the defendant had no such intention.

There are numerous additional stalking defenses. Among them are, but are not restricted to:

• The accused was acting within the bounds of the law: According to this argument, the defendant used First Amendment-protected speech. Generally speaking, communication that only irritates another person without doing anything else is protected under the constitution;
• False identification: The defendant here claims that the stalker activity was committed by someone else, not the defendant. Suppose a defendant can demonstrate, for instance, that many threatening unsolicited emails were sent by someone else instead of the defendant and that the emails were used to stalk someone else in the defendant’s name. In that case, they may be able to raise this argument successfully.

What Exactly Is Online Stalking?

The act of bothering, threatening, or disturbing a victim via the internet or social media is called internet stalking, also known as cyberstalking. A stalker tries to hurt the target, their loved ones, or their possessions.

An individual charged with online stalking must present a significant risk of harm or injury to the victim.

Restraining orders are frequently obtained by the claimed victim of cyber-stalking against the alleged offender. Judges can issue TPOs—temporary protective orders—without holding a hearing for the defendant. The normal duration of temporary protective orders (TPO) is 45 days. A defendant must be given a chance to be heard by the judge before an extended protective order (EPO) is issued.

Nevada law does not forbid actions that are just obnoxious or do not make the victim feel endangered.

Are Aggravated Stalking and Internet Stalking in Nevada the Same Crime?

These offenses differ from one another in two important ways. Only online can someone be stalked. Aggravated stalking often takes place offline, even though it may incorporate online activity. The fact that aggravated stalking always involves a threat of serious bodily harm or death to the victim is another distinction between the two offenses.

How Can I Get Assistance If I Am Being Harassed or Followed Online?

You must inform the system administrator of your and your stalker’s internet service provider. You can find free services on the internet that examine your spam email and identify its origin. The relevant system administrator can then get an email with a report that has been prepared.

What Are the Differences Between Physical and Online Stalking?

It is quite risky to be stalked online, even if it may appear safer than being stalked in person. Stalkers frequently begin stalking in person before migrating online to escape legal ramifications. There are instances where online stalking develops into in-person stalking.

What Can My Internet Service Provider Do to Assist Me?

The customer service agreement typically mentions abuse policies for Internet service providers. Send abuse concerns to the postmaster or the abuse department of your internet service provider.

System administrators typically terminate the accounts of anyone sending abusive emails and collaborate with other administrators to stop such instances from happening again.

Can I Get a Probationary Sentence for Cyberstalking Instead of a Prison Term?

A Nevada sentencing judge has the option to substitute probation for the prison term. It could be challenging to convince a judge to send the defendant to probation rather than prison if they had previously been convicted of stalking or another felony.

Do I Need a Lawyer to Aid Me?

Understanding your legal rights and defenses is crucial since stalking is a serious criminal offense. If you are being investigated for stalking in Nevada, speak with a Nevada criminal defense lawyer.