HARASSMENT

Harassment is a serious crime that can carry harsh penalties if convicted.

What is the legal definition of Harassment?

Harassment is defined in NRS 200.571.

NRS 200.571

1. A person is guilty of harassment if:
   1. Without lawful authority, the person knowingly threatens:
      1. To cause bodily injury in the future to the person threatened or to any other person;
      2. To cause physical damage to the property of another person;
      3. To subject the person threatened or any other person to physical confinement or restraint; or
      4. To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
   2. The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 or 3 of NRS 200.575 are applicable, a person who is guilty of harassment:
   1. For the first offense, is guilty of a misdemeanor.
   2. For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

So what does that mean?

Even though harassment often seems like a vague and ambiguous idea, it is not really a complicated crime to understand. While there are numerous types of conduct that can constitute harassment, they can all be categorized in the following matter:

• Knowingly threatening someone with:
  
  • Bodily Injury;
    
  • Physical damage to property;
    
  • Being physically restrained or confined; or
    
  • Anything else intended to substantially harm another person’s physical or mental safety.

Please Note: Harassment requires that the victim of the harassment be in a reasonable fear that the threat will be carried out. In other words, there can be no harassment unless the victim actually feels harassed.

Does the threat have to be written or oral?

No. In order to constitute harassment there is no specific means by which the threat must be communicated. Threats can be made orally, in writing, or even through threatening conduct.

What if the threat is not aimed at the victim, but at someone closely related to the victim?

Harassment does not require that the victim be personally threatened. If the victim feels that someone closely related to them is being threatened, such as a husband who feels that his wife is being threatened, then the accused may still be convicted of harassment.

What if the threat is for a future injury?

There is nothing in the statute requiring that the threat be imminent. As a result, any threat can lead to a conviction for harassment, whether the threat is imminent or for some future harm.

Is Stalking the same thing as Harassment?

No. Harassment involves a direct threat of harm through words or conduct. Stalking, on the other hand, generally involves someone feeling threatened by another’s conduct, whether that conduct was intended to threaten or not.

What are the possible penalties?

The penalties for harassment in Nevada depend on three factors:

• Whether the accused has any prior convictions;
  
• Whether the accused threatened substantial bodily harm; or
  
• Whether the accused used the internet to carry out the harassment.

The penalties for Harassment are:

• For a first offense with no threat of substantial bodily harm, and no use of the internet, the crime will be charged as a misdemeanor, which carriers a penalty of:
  • Up to 6 months in jail; and/or
  • Possible fines up to $1,000.
    
• For subsequent harassment convictions, no threat of substantial bodily harm, and no use of the internet, the crime will be charged as a gross misdemeanor, which carriers a penalty of:
  • Up to 364 days in jail; and/or
  • Fines up to $2,000.
    
• For any harassment that involves the use of the internet, the crime will be charged as a category C felony, which carriers a penalty of:
  • Between 1 and 5 years in Prison; and
  • Possible fines up to $10,000.
    
• For any harassment that involves the threat of substantial bodily harm, the crime will be charged as a category B felony, which carriers a penalty of:
  • Between 2 and 15 years in Prison; and
  • Possible fines up to $5,000.

Is there anything else I should know?

Generally speaking, where there are harassment charges, judges will impose a temporary protective order, usually shortened to “TPO”, and sometimes referred to as a restraining order. In some cases, the judge may also issue an extended protective order. If the accused then violates a TPO, they will face separate charges for that violation. For a more in-depth discussion of TPO’s, please click here.

Please Note: Harassment is a crime that may be considered a “crime of moral turpitude.” As such, an immigrant charged with harassment may be deported if convicted.

Are there any Defenses?

Yes, of course there are. In fact, harassment is an extremely vague charge that is difficult to prove. Some of the possible defenses include:

• Self-defense – Self-defense is an absolute defense to a vast array of crimes, including harassment. If you were in fear of imminent harm or injury at the time that you threatened the supposed victim, then you may be able to claim self-defense. However, as with any other claim of self-defense, your actions must have been reasonable under the circumstances, and they must have been in direct proportion to the threatened harm or injury. If you were acting in self-defense at the time of the alleged harassment, then the charges should be dropped or dismissed.
  
• False Accusations – If you can show that the victim was lying about what you said or did that constituted harassment, then the charges against you should be dropped or dismissed.
  
• Actions did not Constitute Harassment – There are often times, particularly during heated conversations or exchanges, when words or actions can be misconstrued or misread. If the prosecutor cannot prove, beyond a reasonable doubt, that your words or conduct rose to the level of harassment, then the charges against you should be dropped or dismissed.
  
• Lawful Actions – If your words or conduct were constitutionally protected in some way, or because your actions had legal authority because they were within the scope of your job, then you cannot be convicted of harassment and the charges against you should be dropped or dismissed.
  

What should I do if I’ve been charged with Harassment?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.