Liberators Criminal Defense: Understanding NRS 200.575 - Stalking
At Liberators Criminal Defense, we believe in providing clarity and understanding to our clients about the laws that may impact them. Here's a breakdown of NRS 200.575 on Stalking:
What is Stalking under NRS 200.575?
A person commits the crime of stalking if they maliciously engage in a repeated behavior directed towards another individual, causing that person to feel terrorized, frightened, intimidated, harassed, or fearful for their safety or that of a family member.
Penalties for Stalking:
- First Offense: Misdemeanor
- Second Offense: Gross misdemeanor
- Third or Subsequent Offense: Category C felony, with potential imprisonment for 1-5 years and a fine of up to $5,000.
Special Circumstances:
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If the victim is under 16 years old and the perpetrator is 5 or more years older:
- First Offense: Gross misdemeanor
- Second Offense: Category C felony with 2-5 years imprisonment and a fine up to $5,000.
- Third or Subsequent Offense: Category B felony with 2-15 years imprisonment and a fine up to $5,000.
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Aggravated Stalking: If a stalker threatens a victim with an intent causing fear of death or substantial harm, it's considered a Category B felony with 2-15 years imprisonment and a fine up to $5,000.
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Stalking using Digital Means: If the stalking involves internet sites, email, or text messaging which significantly increases harm or threat risk, it's a Category C felony as defined in NRS 193.130.
Jurisdiction:
If any act constituting stalking initiates or impacts the victim in this State, the offender can be prosecuted in this State.
Firearm Restrictions:
If convicted, and if the court finds an ongoing threat, the individual is:
- Prohibited from owning or possessing firearms.
- Ordered to surrender, sell, or transfer their firearms.
Violating these provisions is a Category B felony with a potential prison sentence of 1-6 years and a fine of up to $5,000.
Additional Remedies:
The penalties stated don't prevent the victim from seeking other available legal solutions.
Key Definitions:
- Course of Conduct: Two or more acts over time showing continuous intent towards a specific person.
- Family or Household Member: This includes spouses, ex-spouses, blood relatives, or anyone living with the individual.
- Internet or Network Site & Network: Definitions as given in NRS 205.4744 & NRS 205.4745.
- Text Messaging: Electronic text or images sent via phone or computer.
- Without Lawful Authority: Acts without the victim's consent, excluding certain protected activities such as labor strikes, journalistic activities, or exercises of free speech and assembly rights.
For any concerns or representation needs related to stalking or any other criminal offenses, the team at Liberators Criminal Defense is here to assist and guide you. Reach out to us today.