Stalking Defense Lawyer in Las Vegas
Nevada’s stalking and aggravated stalking statutes provide for harsh penalties. If you are charged with making threats, stalking or harassing another person then contact an experienced attorney at the Office of Joel M. Mann.
Las Vegas Stalking Defense Lawyer
Attorney Joel M. Mann is particularly experienced in fighting charges for stalking, aggravated stalking or cyberstalking through Clark County, including Las Vegas, North Las Vegas or Henderson, Nevada.
Stalking under NRS 200.575
Nevada’s statute prohibiting stalking and aggravated stalking took effect on October 1, 2009.
The crime of stalking under N.R.S. 200.575 prohibits a person from willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, 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:
- For the first offense, is guilty of a misdemeanor.
- For any subsequent offense, is guilty of a gross misdemeanor.
The penalty for a first offense of stalking is a misdemeanor, which any second or subsequent conviction is punishable as a gross misdemeanor. Stalking can also be prosecuted as contempt of court when the person charged also violated a court order not to contact the alleged victim.
Penalties for Aggravated Stalking under Nevada Law
Aggravated stalking requires proof of each element of stalking committed “in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm.”
The crime of aggravated stalking is punishable as a category B felony with a minimum term of not less than 2 years and a maximum term of not more than 15 years, and a fine of no more than $5,000.
Cyberstalking in Nevada
The criminal offense of cyberstalking in Nevada is prosecuted under N.R.S. 200.575(3) when the crime of stalking involves the “use of an Internet or network site, 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.”
The term “internet or network site” has the meaning set out in NRS 205.4744. The term “text messaging” is defined as a “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.”
Cyberstalking is punishable as a category C felony, punishable by one to five years in prison and a fine of not more than $10,000 as provided in NRS 193.130.
Definitions under Nevada’s Stalking Statute
Under Nevada’s stalking statute, the term “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. Family or household member would include 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.
Defenses to Stalking, Aggravated Stalking or Cyberstalking
Under Nevada’s stalking statute, N.R.S. 200.575, the most common defenses 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:
- Picketing which occurs during a strike, work stoppage or any other labor dispute;
- The activities of a reporter, photographer, camera operator 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;
- The activities of a person that are carried out in the normal course of his or her lawful employment;
- Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Resources for Stalking and Cyberstalking in Nevada
- Stalking and Harassment in Clark County, NV – Find information about stalking, cyberstalking, and harassment on the website for the Clark County Courts. The website also provides information on protection orders and workplace harassment.
- Stalking and Cyberstalking Laws in Nevada – Read more from the National Network to End Domestic Violence, Inc., and Women’s Law website on charges for harassment, stalking, and cyberstalking under Nevada law. Information includes a how to guide explaining the steps involved in applying for an order of protection.
Finding a Stalking Defense Attorney in Las Vegas
After an accusation of stalking, cyberstalking or harassment in Clark County, for Las Vegas, North Las Vegas or Henderson, contact an experienced criminal defense attorney at the Law Office of Joel M. Mann. Learn more about the elements of the offense, the potential punishments, and defenses that can help you fight the charges.