Nevada § 200.575 - Stalking: Definitions; penalties; entry of finding in judgment of conviction or admonishment of rights

§ 200.575. Stalking: Definitions; penalties; entry of finding in judgment of conviction or admonishment of rights

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.