Stalking

Stalking requires more than one incident. The statute defines a "course of conduct" as two or more acts over a period of time, however short, that demonstrate a continuous purpose directed at a specific person.

That definition is intentionally broad. Two texts on the same day could theoretically qualify. Two phone calls a week apart could qualify. The question isn't just the number of contacts. It's whether the pattern shows continuous, directed intent toward the victim.

This is where the defense often focuses. If the contacts had different purposes, different contexts, or can't fairly be characterized as part of a pattern, that challenges the foundational element of the charge.

Aggravated stalking occurs when the defendant, in the course of the stalking conduct, makes a threat with the intent of causing the victim to reasonably fear death or substantial bodily harm. That one threat, even on a first offense, converts a misdemeanor into a Category B felony carrying 2 to 15 years in prison.

Prosecutors frequently add aggravated stalking to cases where a single message, voicemail, or social media post contains language they characterize as threatening. Whether that language actually constitutes a threat under the legal standard, and whether the fear it caused was reasonable, is often the entire fight.

Nevada has a separate felony tier for stalking carried out through electronic means. When the stalking uses an internet or network site, email, text messaging, or a similar means of mass 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 a Category C felony, even on a first offense.

The words that do the work are publish, display, or distribute, and substantially increases the risk. Posting someone's address, photos, or personal details online in a way that exposes them to danger is the typical example. Repeated unwanted direct messages can still support an ordinary stalking charge, but the prosecution has to prove more than private contact to reach this tier. That gap is often where the defense focuses.

If a court finds that a stalking conviction involves an ongoing threat to the victim, the defendant is prohibited from owning or possessing firearms and must surrender any firearms they currently possess. This can happen at sentencing.

Violating a firearm prohibition order imposed under the stalking statute is itself a Category B felony, carrying one to six years in prison. If you own firearms and are facing a stalking charge, plan for this exposure early.

Stop all contact with the alleged victim immediately. Even if a protective order hasn't been issued, continued contact will be documented and used to support the state's case. If a protective order has been issued, any violation is a separate criminal offense.

Preserve your own records (messages, call logs, emails) that show the context of your contact and the nature of the relationship. Evidence that shows the alleged victim was also initiating contact, that the communications were benign, or that the allegations are inconsistent with the actual record can carry the defense.

Call 702-990-0190. Stalking charges that start as misdemeanors can become felonies, and the earlier an attorney is reviewing the facts, the more options exist.

A misdemeanor stalking conviction can be sealed 2 years after release from custody or discharge from parole or probation, and a gross misdemeanor 2 years as well. Felony stalking convictions have a waiting period of at least 5 years (NRS 179.245). If you were convicted and believe legal errors occurred at trial, an appeal may be an option.