Las Vegas Criminal Defense Blog

Five years ago a man was arrested in Reno for violating Nevada harassment law and a protection order that turned out to be invalid. He eventually settled with the city for $50,000. And earlier this month, a judge ordered the city to pay his attorneys fees, amounting to over a quarter of a million dollars.

Nevada harassment law makes it a crime to deliberately threaten someone else with harm so that they reasonably fear that the threat will be carried out. The threats may be made with words or conduct, and the harm threatened doesn't have to be immediate to count as harassment. Stalking is a kind of harassment as well.

Penalties for violating Nevada harassment law depend on the severity of the circumstances. As long as no death or serious injury is threatened, a first offense is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. Any subsequent offense is a gross misdemeanor carrying up to one year in jail and/or up to $2,000 in fines. But if the harassment does cause the victim to fear death or substantial bodily harm, then harassment is a category B felony carrying two to fifteen years in prison and maybe a $5,000 fine.

For more on this story, go to: http://www.rgj.com/article/20100702/NEWS01/100702022/1321/news

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

For National Stalking Awareness Month last month, the Nevada Network Against Domestic Violence (NNAADV) and Domestic Violence Intervention (DVI) of Churchill County aimed to inform the general public about what it means to break stalking and Nevada harassment law and how to fight it. Unfortunately, it’s a very difficult criminal offense to prove, so it’s important to keep recordings if possible of any events related to it.

Nevada harassment law makes it a crime to knowingly threaten to cause someone bodily injury, to physically damage their property, to subject someone to physical confinement, or to do anything else intended to substantially harm the person’s physical or mental health or safety. Also, the victim must be placed in reasonable fear that any threats made will be carried out. Harassment is frequently charged along with the crime of stalking.

A first conviction for breaking Nevada harassment law is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine. Any subsequent conviction is a gross misdemeanor, punishable by up to one year in jail and/or up to a $2,000 fine. In addition, victims are at liberty to seek out other legal remedies.