Nevada Stalking Law Requires No Intent to Frighten
The New Jersey Supreme Court recently ruled that stalking is no less a crime when the alleged perpetrator had only romantic intentions and didn’t believe that his/her behavior would reasonably cause fear in the object of his/her affections. Justice Jaynee LaVecchia spoke for the Court in State v. Gandhi: “The claimed innocent intention of one with an unrequited love interest in another does not permit an individual to stalk the other with impunity.”
In the New Jersey case, the defendant allegedly sent dozens of graphic and threatening messages to a female and violated three judicial orders. He was eventually convicted of stalking and contempt, which led to this appeal where he claimed that he didn’t know his ardor would frighten the victim.
Nevada stalking law is similar to New Jersey’s in that it requires only that the accused’s behavior would cause a reasonable person to feel terrorized, intimidated, frightened or harassed. The state does not need to show that the alleged stalker intended to terrorize or frighten.
Breaking Nevada stalking law on a first offense is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine. Second and subsequent offenses are chargeable as a gross misdemeanor, carrying up to one year in jail and/or up to $2,000 in fines. However, if the alleged stalking consisted of threats of bodily harm or death, then it may be charged as a felony, punishable by two to fifteen years in prison and perhaps a $5,000 fine.
Read more about this story at http://www.law.com/jsp/article.jsp?id=1202444432807&State_Need_Not_Prove_Stalker_Had_Knowledge_of_the_Fear_He_Inspired
