Other Crimes: Stalking

Stalking is a serious crime. Even though it is vague, convictions can carry harsh punishments depending on the circumstances involved.

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Frequently Asked Questions

  • What is the legal definition of stalking?

    Stalking is defined in NRS 200.575:


    "A person who, without lawful authority, 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."


  • So what does that mean?

    Stalking is a vague crime, mostly because it centers on the victim’s feeling about what is happening more so than the actual conduct of the accused. In other words, it is possible to be convicted of stalking, even if you were not intending to stalk the victim.


    Stalking depends only on two factors:


    • The accused’s conduct, must be intentional;
    • The conduct must cause a reasonable person to fear for their immediate safety or the immediate safety of a family or household member.

  • But you just said that the accused could be convicted even if they weren’t intending to stalk the victim?

    That is true. Stalking only requires that the conduct itself was intentional, not that the conduct was intended to frighten the victim. In other words, you may decide to follow someone with no intent to frighten them, only to follow them and see where they are going. However, if the person then has a reasonable fear resulting from your conduct, then you may still be found guilty of stalking.


    This is just one of the many ways in which conduct can be intentional without intending to frighten. So long as the victim has a reasonable fear of the immediate safety, then your conduct may be considered stalking.

  • What do you mean by “reasonable fear”?

    Reasonable is, by definition, a vague term. Essentially, it only means that a reasonable person, in other words the average person, would feel terrorized, frightened, intimidated, harassed or fearful because of your conduct.


  • Okay, so then how can the victim be stalked if they are afraid for a family member?

    As noted above, stalking is a vague crime that involves how the victim reacts to your conduct. Someone who feels that they are being followed may be more in fear for their family’s safety than their own. This is often the case when a parent feels that someone’s conduct is threatening, their fear will be centered more on what may happen to their child than what might happen to themselves.


  • Is there anything else I should know about the penalties?

    Generally speaking, where there are stalking charges, judges will impose a temporary protective order, usually shortened to “TPO”, and sometimes referred to as a restraining order. In some cases, the judge may also issue an extended protective order. If the accused then violates a TPO, they will face separate charges for that violation. 


    Please Note: Stalking is a crime that may be considered a “crime of moral turpitude.” As such, an immigrant charged with stalking may be deported if convicted.

Penalties

What you need to know

Okay, so what are the penalties?


The penalties for Stalking are dependent on three questions:

  • What is the extent of the accused’s criminal history?
  • What is the extent of the stalking?
  • Was the internet used as part of the stalking?



The answers to these three questions will determine the potential penalties:

On a first offense, where the victim did not fear substantial bodily harm and the internet was not used, the crime will be charged as a misdemeanor, carrying with possible penalties of:


  • Up to 6 months in jail; and/or
  • Possible fines up to $1,000.

For subsequent offenses where the victim does not fear substantial bodily harm and the internet was not used, the crime will be charged as a gross misdemeanor, carrying possible penalties of:


  • Up to 364 days in jail; and/or
  • Possible fines up to $2,000.

For any offense where the internet was used, but the victim was not in fear of substantial bodily harm, the crime will be charged as a category C felony, carrying possible penalties of:


  • Between 1 and 5 years in a Nevada State Prison; and
  • Possible fines up to $10,000.

For any offense where the victim was in fear of substantial bodily injury, the crime will be charged as a category B felony, carrying with it possible penalties of:


  • Between 2 and 15 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


Yes, of course there are. In fact, harassment is an extremely vague charge that is difficult to prove. Some of the possible defenses include:

False Accusations

Many times, false accusations can arise out of revenge or anger. If you can show that the victim was lying about the conduct they believe was “stalking,” then the charges against you should be dropped or dismissed.

Lawful Actions

If your conduct was constitutionally protected in some way, or because your actions had legal authority because they were within the scope of your job, then you cannot be convicted of stalking and the charges against you should be dropped or dismissed.

Reporter’s Privilege

If you were acting as a reporter, photographer, or some other legitimate news-gatherer, then your actions are not considered stalking as you are performing a public function in trying to provide news-worthy information to the public. If you can prove that you were acting in such a news-gathering capacity, then the charges against you should be dropped or dismissed.

What should I do if I’ve been charged with Resisting Arrest?


As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Crimes Against the Person: Harassment and Stalking

  • NRS 200.571 - Harassment: Definition; penalties.

    1.  A person is guilty of harassment if:

          (a) Without lawful authority, the person knowingly threatens:

                (1) To cause bodily injury in the future to the person threatened or to any other person;

                (2) To cause physical damage to the property of another person;

                (3) To subject the person threatened or any other person to physical confinement or restraint; or

                (4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and

          (b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.


    2.  Except where the provisions of subsection 2, 3 or 4 of NRS 200.575 are applicable, a person who is guilty of harassment:

          (a) For the first offense, is guilty of a misdemeanor.

          (b) For the second or any subsequent offense, is guilty of a gross misdemeanor.


    3.  The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

  • NRS 200.575 - Stalking: Definitions; penalties

    1.  A person who, without lawful authority, willfully or maliciously engages in a course of conduct directed towards a victim that would cause a reasonable person under similar circumstances to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2, 3 or 4 are applicable, a person who commits the crime of stalking:

          (a) For the first offense, is guilty of a misdemeanor.

          (b) For the second offense, is guilty of a gross misdemeanor.

          (c) For the third or any subsequent offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.


    2.  Except as otherwise provided in subsection 3 or 4 and unless a more severe penalty is prescribed by law, a person who commits the crime of stalking where the victim is under the age of 16 and the person is 5 or more years older than the victim:

          (a) For the first offense, is guilty of a gross misdemeanor.

          (b) For the second offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.

          (c) For the third or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.


    3.  A person who commits the crime of stalking and 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 commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.


    4.  A person who commits the crime of stalking with 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 shall be punished for a category C felony as provided in NRS 193.130.


    5.  If any act engaged in by a person was part of the course of conduct that constitutes the crime of stalking and was initiated or had an effect on the victim in this State, the person may be prosecuted in this State.


    6.  Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.


    7.  If the court finds that a person convicted of stalking pursuant to this section committed the crime against a person listed in subsection 1 of NRS 33.018 and that the victim has an ongoing, reasonable fear of physical harm, the court shall enter the finding in its judgment of conviction or admonishment of rights.


    8.  If the court includes such a finding in a judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:

          (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360; and

          (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.


    9.  A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


    10.  The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.


    11.  As used in this section:

          (a) “Course of conduct” means a pattern of conduct which consists of two or more acts over a period of time that evidences a continuity of purpose directed at a specific person.

          (b) “Family or household member” means 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.

          (c) “Internet or network site” has the meaning ascribed to it in NRS 205.4744.

          (d) “Network” has the meaning ascribed to it in NRS 205.4745.

          (e) “Offense” includes, without limitation, a violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in this section.

          (f) “Text messaging” 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.

          (g) “Without lawful authority” includes acts which are initiated or continued without the victim’s consent. The term does not 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:

                 (1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

                 (2) 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.

                 (3) The activities of a person that are carried out in the normal course of his or her lawful employment.

                 (4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.

  • NRS 200.581 - Where offense committed

    Harassment, stalking or aggravated stalking shall be deemed to have been committed where the conduct occurred or where the person who was affected by the conduct was located at the time that the conduct occurred.

  • NRS 200.591 - Court may impose temporary or extended order to restrict conduct of alleged perpetrator, defendant or convicted person; penalty for violation

    1.  In addition to any other remedy provided by law, a person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:

          (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

          (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

          (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.


    2.  If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

          (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

          (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

          (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.


    3.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

          (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

          (b) A hearing is held on the petition.


    4.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.


    5.  Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

          (a) A temporary order is guilty of a gross misdemeanor.

          (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.


    6.  Any court order issued pursuant to this section must:

          (a) Be in writing;

          (b) Be personally served on the person to whom it is directed; and

          (c) Contain the warning that violation of the order:

                 (1) Subjects the person to immediate arrest.

                 (2) Is a gross misdemeanor if the order is a temporary order.

                 (3) Is a category C felony if the order is an extended order.


    7.  A temporary or extended order issued pursuant to this section must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

          (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

          (b) The person has previously violated a temporary or extended order for protection; or

          (c) At the time of the violation or within 2 hours after the violation, the person has:

                 (1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or

                 (2) An amount of a prohibited substance in his or her blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

  • NRS 200.592 - Petitioner for order: Deferment of costs and fees

    1.  The payment of all costs and official fees must be deferred for any person who petitions a court for a temporary or extended order pursuant to NRS 200.591. After any hearing and not later than final disposition of such an application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.


    2.  The clerk of the court shall provide a person who petitions the court for a temporary or extended order pursuant to NRS 200.591 and the adverse party, free of cost, with information about the:

          (a) Availability of temporary and extended orders pursuant to NRS 200.591;

          (b) Procedure for filing an application for such an order; and

          (c) Right to proceed without legal counsel.


    3.  A person who obtains an order pursuant to NRS 200.591 must not be charged any fee to have the order served in this State.

  • NRS 200.594 - Duration of orders; dissolution or modification of orders.

    1.  A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed 45 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.


    2.  On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.


    3.  An extended order expires within such time, not to exceed 2 years, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for no more than 2 years.


    4.  The court shall enter a finding of fact providing the basis for the imposition of an extended order effective for more than 1 year.


    5.  At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear and move for its dissolution or modification based on changes of circumstance of the parties, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.


    6.  This section must not be construed to limit the adverse party to an interlocutory appeal pursuant to NRS 200.591.

  • NRS 200.597 - Order to be transmitted to law enforcement agencies; enforcement.

    1.  Each court that issues an order pursuant to NRS 200.591 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.


    2.  A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has probable cause to believe that:

          (a) An order has been issued pursuant to NRS 200.591 to the person to be arrested;

          (b) The person to be arrested has been served with a copy of the order; and

          (c) The person to be arrested is acting in violation of the order.


    3.  Any law enforcement agency in this State may enforce a court order issued pursuant to NRS 200.591.

  • NRS 200.599 - Duty to transmit information concerning temporary or extended order to Central Repository.

    Any time a court issues a temporary or extended order for protection against stalking, aggravated stalking or harassment and any time a person serves such an order, or receives any information or takes any other action pursuant to NRS 200.571 to 200.601, inclusive, the court or person, as applicable, shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.

  • NRS 200.601 - Victim to be given certain information and documents concerning case; clerk to keep record of order or condition restricting conduct of defendant.

    1.  The prosecuting attorney in any trial brought against a person on a charge of harassment, stalking or aggravated stalking shall inform the alleged victim of the final disposition of the case.


    2.  If the defendant is found guilty and the court issues an order or provides a condition of the sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:

          (a) Keep a record of the order or condition of the sentence; and

          (b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.

  • NRS 200.603 - Peering, peeping or spying through window, door or other opening of dwelling of another; penalties.

    1.  A person shall not knowingly enter upon the property or premises of another or upon the property or premises owned by him or her and leased or rented to another with the intent to surreptitiously conceal himself or herself on the property or premises and peer, peep or spy through a window, door or other opening of a building or structure that is used as a dwelling on the property or premises.


    2.  A person who violates subsection 1 is guilty of:

          (a) If the person is in possession of a deadly weapon at the time of the violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

          (b) If the person is not in possession of a deadly weapon at the time of the violation, but is in possession of a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a gross misdemeanor.

          (c) If the person is not in possession of a deadly weapon or a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a misdemeanor.


    3.  This section does not apply to:

          (a) A law enforcement officer conducting a criminal investigation or surveillance;

          (b) A building inspector, building official or other similar authority employed by a governmental body while performing his or her duties; or

          (c) An employee of a public utility while performing his or her duties.

  • NRS 200.604 - Capturing image of private area of another person; distributing, disclosing, displaying, transmitting or publishing image of private area of another person; penalties; exceptions; confidentiality of image.

     1.  Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:

          (a) Without the consent of the other person; and

          (b) Under circumstances in which the other person has a reasonable expectation of privacy.


    2.  Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1.


    3.  Unless a greater penalty is provided pursuant to NRS 200.780 or 212.188, a person who violates this section:

          (a) For a first offense, is guilty of a gross misdemeanor.

          (b) For a second or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.


    4.  This section does not prohibit any lawful law enforcement or correctional activity, including, without limitation, capturing, distributing, disclosing, displaying, transmitting or publishing an image for the purpose of investigating or prosecuting a violation of this section.


    5.  If a person is charged with a violation of this section, any image of the private area of a victim that is contained within:

          (a) Court records;

          (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

          (c) Records of criminal history, as that term is defined in NRS 179A.070; and

          (d) Records in the Central Repository for Nevada Records of Criminal History,

          ->    is confidential and, except as otherwise provided in subsections 6 and 7, must not be inspected by or released to the general public.


    6.  An image that is confidential pursuant to subsection 5 may be inspected or released:

          (a) As necessary for the purposes of investigation and prosecution of the violation;

          (b) As necessary for the purpose of allowing a person charged with a violation of this section and his or her attorney to prepare a defense; and

          (c) Upon authorization by a court of competent jurisdiction as provided in subsection 7.


    7.  A court of competent jurisdiction may authorize the inspection or release of an image that is confidential pursuant to subsection 5, upon application, if the court determines that:

          (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the inspection or release; and

          (b) Reasonable notice of the application and an opportunity to be heard have been given to the victim.


    8.  As used in this section:

          (a) “Broadcast” means to transmit electronically an image with the intent that the image be viewed by any other person.

          (b) “Capture,” with respect to an image, means to videotape, photograph, film, record by any means or broadcast.

          (c) “Female breast” means any portion of the female breast below the top of the areola.

          (d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.

          (e) “Under circumstances in which the other person has a reasonable expectation of privacy” means:

                 (1) Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of his or her private area would be captured; or

                 (2) Circumstances in which a reasonable person would believe that his or her private area would not be visible to the public, regardless of whether the person is in a public or private place.