In Nevada, cyber-stalking can be prosecuted as a crime when the stalker uses text messages, emails, or other electronic media to harass victims to the point that they reasonably feel frightened for their safety. The offense is prosecuted as a Category C felony and with a sentence of
- 1 to 5 years in state prison and
- a fine of up to $10,000.
The statute states:
A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging 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…
Penalties:
It may be possible to negotiate a plea bargain where cyber-stalking charges get reduced to a lesser charge or a dismissal. Otherwise, cyber-stalking is a category C felony, carrying:
- 1 – 5 years in Nevada State Prison, and
- up to $10,000 in fines (at the judge’s discretion)
The defendant may be placed on probation for up to 5 years instead of going to prison.
Defenses
Typical cyber-stalking defense strategies include:
- Misidentification,
- Lack of stalking, or
- False accusations
In this article, our Las Vegas criminal defense attorneys discuss:
1. Definition
The Nevada crime of cyber-stalking has four elements:
- The defendant acts in such a way that reasonably causes the victim to feel frightened, terrorized, or fearful for the immediate safety of his/her housemate, spouse, ex-spouse, parent, child, or other relative by blood or marriage;
- The defendant’s actions are intentional;
- The stalking is done using the internet, email, text-messaging, or similar means of communication; and
- The defendant uses these electronic means to publish or distribute information in a manner that substantially increases the risk of harm or violence to the victim1
Cyberstalking is a relatively new crime, and there have been no Nevada Supreme Court cases interpreting this law. Therefore, it is difficult to know exactly what cyber-stalking is.
According to the statute’s language, sending someone several annoying emails would not qualify as cyber-stalking. This is because receiving emails in and of itself does not “substantially increase the risk of harm or violence” to the victim.
The following hypothetical scenarios may rise to the level of cyber-stalking:
- sending group texts to the victim and several strangers inviting the strangers to come over to the victim’s house for an orgy;
- publicly posting incendiary and false information about the victim on Facebook meant to incite others to harass the victim; or
- sending a series of disturbing emails about snuff films to the victim, causing the victim to fear for her life
Note that purported victims of cyber-stalking commonly take out restraining orders against the alleged culprit. Temporary protective orders (TPO) typically remain in effect for 45 days, and the judge may issue TPOs without giving the defendant an opportunity for a hearing.
But the judge must permit the defendant an opportunity to be heard before issuing an extended protective order (EPO), which may last up to one (1) year.2
2. Penalties
Computer-stalking is prosecuted as a category C felony. The sentence includes:
- 1 – 5 years in prison, and
- up to $10,000 in fines (at the judge’s discretion)
The defendant may be placed on probation for up to five (5) years in lieu of incarceration.3
Penalties for violating a restraining order
Violating a restraining order against stalking | Punishments |
---|---|
Temporary protective orders (TPOs) | Gross misdemeanor:
|
Extended protective orders (EPOs) | Category C felony:
|
The judge may also find the defendant in contempt for violating the court order and impose a fine and possibly incarceration.5
Plea bargains
Depending on the case, the D.A. may be willing to reduce a cyber-stalking charge down to breach of peace (NRS 203.010). Also called disturbing the peace or disorderly conduct, breach of peace It is a misdemeanor, carrying:
- up to 6 months in jail, and/or
- up to $1,000 in fines6
Ideally, the defense attorney will be able to convince the prosecutor to dismiss the charge by using one of the defenses discussed in the next section.
3. Defenses
Just some of the possible defense strategies to computer-stalking charges include:
- Misidentification
- Lack of stalking
- False accusations
Recall that it is not a defense that the defendant had no intention to make the victim feel frightened.
The defendant was misidentified as the perpetrator
The risk of law enforcement arresting the wrong person for cyber-stalking is relatively high considering that computers make it so easy for would-be stalkers to cover their tracks.
Example: Nick is angry at Eric and wants to scare him. Nick uses his brother’s laptop to send him several threatening, anonymous emails. Eric informs the police, who track the messages back to Eric’s brother’s computer. The brother gets arrested for computer-stalking. But if the brother’s attorney can show that he was not the person who sent the messages, the charges against him should be dismissed.
Judges and juries understand that people use computers to mask their identities in order to throw law enforcement off the scent. As long as the state fails to prove that the defendant is guilty beyond a reasonable doubt, the defendant should not be convicted.
The behavior was not stalking
Nevada law does not prohibit behavior that is merely annoying and does not make the victim feel endangered.
Example: Jacob is late repaying Brandt’s loan. Angry, Brandt texts Jacob thirty times in one day with the message, “Please pay me back as soon as you can. Thank you.” Jacob is annoyed that his phone is constantly buzzing, and he files a police report that Brandt is cyber-stalking him. But when law enforcement investigates, it determines that Brandt’s polite text messages do not rise to the level of computer-stalking. This is because while the frequency of Brandt’s messages may be annoying, the content is polite and should not make Jacob feel reasonably threatened.
Even if Jacob in the above example sincerely felt terrified, Brandt committed no crime since a reasonable person in Jacob’s position should not feel terrified by thirty polite text messages.
The defendant was falsely accused
Sometimes people levy false accusations at others out of
- anger,
- revenge, or
- a genuine misunderstanding.
Here is an illustration of how easily a person can be wrongly charged with cyber-stalking:
Example: Merle is angry at Ryan for breaking up with her. She knows Ryan’s email password, so she sends herself from Ryan’s account several threatening emails. Merle then contacts the police, who proceed to arrest Ryan for cyber-stalking. But once their forensic team determines that the emails were sent from Merle’s computer, the D.A. realizes that Merle probably lied and dismisses all charges against Ryan.
Helpful evidence in these types of cases consists of
- eye-witnesses,
- video surveillance, and
- experts in technology and hacking.
Note that Merle in the above example would probably get prosecuted for filing a false police report (NRS 207.280) for lying about Ryan.
4. Record seals
A computer-stalking conviction in Nevada can usually be sealed five (5) years after the case ends. But if the charge gets reduced to the misdemeanor “breach of peace”, the waiting period is only one (1) year after the case ends.7
Note that there is no waiting period to petition for a record seal if the case gets dismissed (meaning there is no conviction).8 Learn more about how to get a criminal record seal.
5. Deportation
A computer-stalking conviction may lead to deportation.9 Consequently, immigrants who are under investigation or have been charged should retain counsel in an attempt to get their case reduced to a non-removable crime.
6. Related offenses
Capturing image of another person’s private area
Capturing the image of a private area (NRS 200.604) is when a person intentionally photographs or videotapes another person’s private parts without that person’s consent. A first offense is a gross misdemeanor, carrying:
- up to 364 days in jail, and/or
- up to $2,000 in fines
Stalking
Penalties for stalking (NRS 200.573) without a cyber component depend on the person’s criminal history and whether the victim was threatened with death or severe injury (“aggravated stalking”).
Nevada stalking offense | Penalties |
---|---|
First offense | When the victim is at least 16, a misdemeanor:
When the victim is under 16, and the defendant is at least 5 years older, a gross misdemeanor:
The defendant may be placed on probation for up to 3 years instead of incarceration. |
Second offense | When the victim is at least 16, a gross misdemeanor:
The defendant may be placed on probation for up to 3 years instead of incarceration. When the victim is under 16, and the defendant is at least 5 years older, a category C felony:
The defendant may be placed on probation for up to 5 years instead of incarceration. |
Subsequent offense | When the victim is at least 16, a category C felony:
The defendant may be placed on probation for up to 5 years instead of incarceration. When the victim is under 16, and the defendant is at least 5 years older, a category B felony:
The defendant may be placed on probation for up to 5 years instead of incarceration. |
Cyberstalking | Category C felony
The defendant may be placed on probation for up to 5 years instead of incarceration. |
Aggravated stalking | Category B felony
The defendant may be placed on probation for up to 5 years instead of incarceration. |
Harassment
Harassment (NRS 200.571) is when a person threatens to injure another person’s body, mental health, or property. As with stalking, a first offense of harassment is a misdemeanor carrying:
- up to 6 months in jail, and/or
- up to $1,000 in fines
Sexual Harassment
Sexual harassment is when a person annoys or bullies someone else in a sexual manner. Depending on the facts of how the sexual harassment is carried out, sexual harassment may be prosecuted as either:
- peering under NRS 200.603,
- coercion under NRS 207.190,
- harassment,
- stalking,
- indecent exposure under NRS 201.220,
- open or gross lewdness under NRS 201.210,
- rape under NRS 200.366,
- extortion under NRS 205.320,
- breaching the peace,
- assault under NRS 200.471,
- battery under NRS 200.481, and/or
- as hate crimes under NRS 193.1675.
The punishment depends on the charge.
Legal References:
- Nevada Senate Bill 60 (2019); NRS 200.575 Stalking: Definitions; penalties.
- See Nevada Protection Order Handbook.
- NRS 200.575(3).
- NRS 200.591.
- NRS 22.100 Penalty for contempt
- NRS 203.010.
- NRS 179.245.
- NRS 179.255.
- 8 U.S. Code § 1227; see Student Deported After Cyberstalking Conviction, Campus Safety Magazine (December 30, 2014); see Steve Miletich, Ex-UW student convicted of cyberstalking deported to India, The Seattle Times (December 26, 2014).