What Conduct Constitutes Stalking in Nevada?

Nevada law provides for three separate stalking offenses: stalking, aggravated stalking, and cyberstalking. Any stalking charge is a serious matter with significant potential penalties and consequences beyond the criminal penalties. If you face any type of stalking offense, representation by a knowledgeable Nevada criminal defense attorney is essential to defending against the charge.

Nevada Stalking Law

The stalking law, found at NRS 200.575, is a complex statute that establishes the state’s three stalking offenses and contains other provisions relating to stalking charges and convictions. The three offenses are stalking, aggravated stalking, and cyberstalking.

For any stalking case, Section 7 instructs the court to include a specific finding if the victim has a specific relationship (as defined in the domestic violence law, NRS 33.018) with the defendant and the victim has an ongoing, reasonable fear of physical harm. In the event the court includes such a finding, the conviction must include a prohibition against possession or ownership of firearms and require permanent surrender, sale, or transfer of firearms. A violation of the firearm prohibition in a conviction constitutes a category B felony, with a prison term of one to six years and a fine not exceeding $5,000.

Section 10 states that the penalties provided in the stalking law do not prevent a victim from seeking any other legal remedy available. This provision enables a victim to separately pursue a restraining or protective order for the conduct, if necessary, as well as other available legal options. In some cases, the court may issue a protective order as part of the stalking case.

Stalking is also a deportable offense under federal law. A non-citizen convicted of a violation of the stalking law may be removed from the United States.


The primary offense is established in Section 1 of the law, which provides that a person commits the offense of stalking if, without lawful authority, they willfully or maliciously engage in conduct toward a victim that causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for their immediate safety or the immediate safety of a family or household member. A requirement of the offense is that the actions must be conduct that would cause a reasonable person under similar circumstances to feel the threats.

Depending on the circumstances of a stalking violation, the offense may be a misdemeanor or a felony. If the victim is at least 16 years old, a first offense stalking charge is a misdemeanor, a second offense is a gross misdemeanor, and a third or subsequent offense is a category C felony punishable by a prison term of one to five years and a fine of not more than $5,000. However, If the victim is under the age of 16 years old and the person is five or more years older than the victim, higher offense classifications apply: A first offense is a gross misdemeanor, a second offense is a category C felony, and a third or subsequent offense is a category B felony that carries a term of two to 15 years in prison and a fine of not more than $5,000.

The law also establishes two additional offenses that may arise out of conduct that constitutes stalking.

Aggravated Stalking

Section 3 of the statute provides that a person commits the offense of aggravated stalking if, in the course of committing the crime of stalking, the person threatens the victim with the intent to cause the victim to be in reasonable fear of death or substantial bodily harm. Aggravated stalking is a category B felony that carries potential penalties of two to 15 years in prison and a fine of not more than $5,000.


While the law does not use the term cyberstalking, Section 4 provides that conduct if the conduct that constitutes stalking is carried out using an internet or network site, electronic mail, text messaging, or 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,” the offense is punishable as a category C felony, with potential penalties of one to five years in state prison and a fine of not more than $10,000.

Defenses to a Stalking Charge

Stalking generally is not a single event but typically includes a course of conduct over time that makes a victim feel frightened or threatened. The offense requires deliberate actions that cause a person to feel afraid or terrorized or fearful for their own safety or the safety of family or household members. For aggravated stalking or cyberstalking, the additional statutory elements must also be present.

It's important to keep in mind that a person can be convicted of stalking even if they did not mean to make the victim afraid. The determining factor is whether the victim reasonably construed the conduct as harassing or frightening.

There are several defenses that may be available in a stalking case, depending on the circumstances of the case. If you face a stalking charge, it’s essential to talk with a skillful criminal defense attorney, because the penalties and other consequences can be severe.

Based on the situation, your lawyer may be able to defend against the charge on the basis that the claims constitute false accusations, the absence of required elements of the offense (as established in the law), misidentification, or first amendment protections. Your attorney investigates and analyzes the case before determining your options for proceeding. In some cases, having knowledgeable legal representation may enable you to plead to a lesser offense with less severe consequences (such disorderly conduct) or even get the charges dismissed.

Nevada has several other offenses that are related to stalking and may even arise out of the same conduct, including harassment. No matter what specific charges you face, it is essential to talk with a knowledgeable criminal defense lawyer before you decide how to proceed.

Schedule a Free Consultation With an Experienced Las Vegas Stalking Defense Lawyer

If you face a stalking charge in Las Vegas, attorney Joseph Gersten is here to help. His investigative background, trial experience, and criminal defense focus significantly benefit anyone facing stalking charges or any other state or federal criminal charges in Nevada. Attorney Gersten thoroughly investigates the case against you and always asserts the most aggressive defenses possible.

The Gersten Law Firm assists clients in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.