On This Page
WHAT IS STALKING IN NEVADA?
Stalking is willfully and maliciously engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. It requires a pattern of conduct — not a single incident.
WHAT THE PROSECUTION MUST PROVE
To convict you of Stalking in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant willfully and maliciously engaged in a course of conduct directed at the victim
The conduct would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed
The course of conduct consisted of two or more acts over a period of time
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR STALKING IN NEVADA
Stalking (First Offense)
Misdemeanor. Up to 6 months in jail and/or up to $1,000 fine.
Stalking (Second or Subsequent Offense)
Gross misdemeanor. Up to 364 days in jail and/or up to $2,000 fine.
Aggravated Stalking (with Threats)
Category B felony. 2 to 15 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending stalking charges
Stalking requires a 'course of conduct' — at least two separate acts. A single incident, no matter how alarming, does not constitute stalking.
Cyberstalking — using electronic means to stalk someone — is treated the same as in-person stalking in Nevada. Social media monitoring, repeated messaging, and tracking someone's location online can all qualify.
Restraining orders and stalking charges often go hand in hand. Violating a restraining order while engaging in stalking behavior can result in multiple charges.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO STALKING
Every case is unique, but these are the defenses most commonly raised in stalking cases in Nevada:
Insufficient course of conduct — fewer than two acts
No malicious intent
The victim's fear was not reasonable
Legitimate contact — business or legal necessity
False accusation