Nevada Stalking Law
Sec. 3. NRS 200.575 is hereby amended to read as follows:
200.575 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:
(a) 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;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution
of their marriage is pending for which he has actual or legal notice or within
6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child in common
while a proceeding for the custody of that child is pending for which he has actual
or legal notice, commits the crime of aggravated stalking.
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. A person who commits the crime of aggravated stalking shall be punished:
(a) If he commits the crime set forth in paragraph (a) of subsection 2, 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.
(b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, 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.] 5. 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.] 6. The penalties provided in this section do not preclude the victim from
seeking any other legal remedy available.
[6.] 7. 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" means any identifiable site on the Internet or
on a network. The term includes, without limitation:
(1) A Web site or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource Location;
(3) A site on a network that is owned, operated, administered or controlled by
a provider of Internet service;
(4) An electronic bulletin board;
(5) A list server;
(6) A newsgroup; or
(7) A chat room.
(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.