NRS 200.575 Stalking:
Definitions; penalties.
1. 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 or harassed, and that
actually causes the victim to feel terrorized, frightened, intimidated or
harassed, commits the crime of stalking. Except where the provisions of
subsection 2 or 3 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross
misdemeanor.
2. A person who commits the crime of stalking and in
conjunction therewith threatens the person with the intent to cause him 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.
3. A person who commits the crime of stalking with the
use of an Internet or network site or electronic mail 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.
4. 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.
5. The penalties provided in this section do not
preclude the victim from seeking any other legal remedy available.
6. As used in this section:
(a) “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.
(b) “Internet
or network site” has the meaning ascribed to it in NRS 205.4744.
(c) “Network”
has the meaning ascribed to it in NRS
205.4745.
(d) “Provider
of Internet service” has the meaning ascribed to it in NRS 205.4758.
(e) “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,
cameraman 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 lawful employment.
(4) Any activities carried out in the exercise
of the constitutionally protected rights of freedom of speech and assembly.
(Added to NRS by 1993, 509; A 1995, 59, 1195, 1324; 1999,
1377; 2001,
665, 2785,
2800;
2003,
198)