Stalking is a pattern of malicious behavior (not just a one-time event) intended to cause fear or apprehension in another individual. This may include repeatedly showing up at someone's place of work, making frequent phone calls, or other unwanted acts. Stalking is often carried out by estranged spouses and partners. Nevada stalking laws provide for automatic permanent restraining orders upon conviction.
The following table lists the basics of Nevada's stalking laws, with more in-depth information below. See Stalking to learn more about this crime.
|Code Section||200.575 et seq.|
|Stalking Defined as||Willful or malicious conduct that causes reasonable person to feel terrorized, frightened, intimidated, or harassed and actually causes victim to feel such.|
|Punishment/Classification||Misdemeanor. Aggravated stalking: (A) stalking with threats of death or bodily harm: Class B felony, jail minimum 2 year or maximum 15 years and fine maximum $5,000|
|Penalty for Repeat Offense||Gross misdemeanor|
|Arrest or Restraining Order Specifically Authorized by Statute?||Restraining order issued upon filing of petition|
|Constitutionally Protected Activities Exempted?||Yes, including picketing; activities of reporters, photographers, and cameramen; free speech and assembly|
What Does Nevada Define as Stalking?
In Nevada, stalking is defined as "willful or malicious conduct that causes a reasonable person to feel terrorized, frightened, intimidated, or harassed and actually causes victim to feel as such." Therefore, the statute requires the victim to feel terrorized or intimidated for a crime to have occurred.
So stalking in Nevada is purposeful conduct that makes a reasonable person afraid of injury to themselves or a family member. This can be anything from following someone around, calling regularly, sending unsolicited letters, or making other contact that causes fear.
Getting a Restraining Order in Nevada
If someone is stalking you, your first instinct may be to try to get a restraining order against that person. Restraining orders are relatively easy to obtain in Nevada if there's already a history of abuse and violence between the stalker and the victim. If the victim does not personally know the stalker, and doesn't have much information about them, getting a restraining order may be more difficult. If you know the stalker, there may be other alternatives to a restraining order which may get the unwanted behavior to stop. Getting a restraining order may be expensive, and other out of court methods may be more cost effective.
If you would like to know more about stalking laws, there are many Nevada criminal law attorneys who may be able to help. Including informing you of stalking laws, they can help to defend you if you are accused of stalking. If you are looking for help to stop a potential stalker, you may wish to speak with a Nevada attorney with experience with domestic violence issues.
Contact a qualified attorney.