STALKING

In the State of Nevada, stalking involves actions that would cause a reasonable person to feel intimidated, harassed, frightened, terrorized or otherwise fearful for his or her safety. This may include actions such as following someone over several blocks with the intent to make them feel uncomfortable or continuously calling or texting someone. Stalking does not need to include any verbal threats. Physical actions and "body language" can cause a person to fear for his or her safety. If the actions taken by someone are enough for another person to believe that his or her life may be in danger, this is known as aggravated stalking and carries a more severe penalty.

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Stalking is a Misdemeanor for any first offense and punishable by six (6) months in jail and a fine not to exceed $1,000. Subsequent offenses are a Gross Misdemeanor and punishable by 364 days in jail and a fine not to exceed $2,000. Aggravated Stalking, which places a person in reasonable fear of death or substantial bodily harm as a result of the stalking, is a Category B Felony and punishable by two (2) to fifteen (15) years in prison and a fine not to exceed $5,000. Stalking via the Internet or Electronic Means is a Category C Felony and punishable by one (1) to five (5) years in prison and a fine not to exceed $10,000. (NRS 200.575, NRS 193.140, NRS 193.150)

HARRASMENT

In the State of Nevada, harassment occurs when a person threatens to either: (1) cause bodily injury to the person threatened or to any other person; (2) damage the threatened person's property; (3) confine or restrain the threatened person; or (4) harm the threatened person with respect to his or her physical or mental health. Although a person may threaten to take any of these actions against a someone, a charge of harassment requires the threaten person to have a reasonable fear that the actions will actually be carried out.

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Harassment is a Misdemeanor for any first offense and punishable by six (6) months in jail and a fine not to exceed $1,000. Subsequent offenses are a Gross Misdemeanor and punishable by 364 days in jail and fine not to exceed $2,000. (NRS 200.571, NRS 193.140, NRS 193.150)

TEMPORARY PROTECTIVE ORDER (TPO)

A protective order is a court order which restricts a particular party in his or her actions. A protective order is requested by an applicant against an adverse party. A protective order may be requested when the applicant reasonably believes that he or she is the victim of domestic violence, stalking, harassment, or sexual assault. A protective order may also be obtained on behalf of a minor child, if there is reasonable belief that the child may be the victim of a crime.

A temporary protective order or "TPO" is granted for a period of time up to thirty (30) days after it is signed and served. A TPO can be granted with or without notice to the adverse party and may be granted without a hearing. An applicant for a TPO must only show a need for a protective order by a preponderance of the evidence.

An extended protective order or "EPO" extends a protective order for a period of time up to one (1) year. A hearing before the court is required before granting an EPO and may be attended by both parties. The hearing must occur within forty-five (45) days of filing an application for the EPO.

A TPO or an EPO may order the adverse party to stay away from: the victim, family members of the victim, or others as ordered by the court; the home of the victim; the school of the victim; the business of the victim; the place of employment of the victim; or other places.

The adverse party of a protective order has several rights. The adverse party may file a motion to dissolve, a motion to modify, or appeal the protective order. If the adverse party believes that the protective order was improperly granted or is no longer necessary, he or she may move to dissolve the order. If the adverse party believes the protective order is too restrictive, he or she may file a motion for the court to modify the restrictions of the order. If an EPO is granted, the adverse party may appeal the order to District Court, although the protective order remains in effect until a decision is reached. On an appeal, the District Court does not review new evidence but determines if the judge granting order made any errors of law. (NRS 33.020)

Violating a TPO (granted as a result of domestic violence) is a Misdemeanor and is punishable by six (6) months in jail and a fine not to exceed $1,000. Violating a TPO (granted to protect a child) is a Gross Misdemeanor and is punishable by 364 days in jail and a fine not to exceed $2,000. Violating an EPO is a Category C Felony and is punishable by a term of one (1) to five (5) years imprisonment and a fine not to exceed $10,000. (NRS 33.100, NRS 33.400, NRS 193.130, NRS 193.140).

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