Assembly Bill No. 363–Assemblymen Leslie, Anderson, Brower, Parnell,

Gibbons, Giunchigliani, Perkins, Dini, Bache, Koivisto, McClain, Claborn,

de Braga, Hettrick, Lee, Nolan, Arberry, Thomas, Parks,

Neighbors, Goldwater, Beers, Chowning, Price, Freeman,

Ohrenschall, Evans, Collins, Manendo, Mortenson, Humke,

Carpenter, Cegavske, Williams, Gustavson, Segerblom, Berman,

Buckley, Von Tobel, Tiffany and Marvel

Joint Sponsors: Senators Townsend, Titus, Mathews and James

CHAPTER........

AN ACT relating to crimes; increasing the penalties for the crime of aggravated stalking;

requiring certain training for peace officers concerning the crimes of stalking and

aggravated stalking; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 200.575 is hereby amended to read as follows:

  1. 200.575 1. A person who, without lawful authority, willfully or
  1. maliciously engages in a course of conduct that would cause a reasonable
  1. person to feel terrorized, frightened, intimidated or harassed, and that
  1. actually causes the victim to feel terrorized, frightened, intimidated or
  1. harassed, commits the crime of stalking. Except where the provisions of
  1. subsection 2 are applicable, a person who commits the crime of stalking:
  1. (a) For the first offense, is guilty of a misdemeanor.
  1. (b) For any subsequent offense, is guilty of a gross misdemeanor.
  1. 2. A person who:
  1. (a) Commits the crime of stalking and in conjunction therewith threatens
  1. the person with the intent to cause him to be placed in reasonable fear of
  1. death or substantial bodily harm;
  1. (b) Commits the crime of stalking on his spouse while a proceeding for
  1. the dissolution of their marriage is pending for which he has actual or legal
  1. notice or within 6 months after entry of the final decree of dissolution; or
  1. (c) Commits the crime of stalking on a person with whom he has a child
  1. in common while a proceeding for the custody of that child is pending for
  1. which he has actual or legal notice,
  1. commits the crime of aggravated stalking.
  1. 3. A person who commits the crime of aggravated stalking shall be
  1. punished:
  1. (a) If he commits the crime set forth in paragraph (a) of subsection 2, for
  1. a category B felony by imprisonment in the state prison for a minimum
  1. term of not less than [1 year] 2 years and a maximum term of not more than
  1. [6] 15 years, and may be further punished by a fine of not more than
  1. $5,000.
  2. (b) If he commits the crime set forth in paragraph (b) or (c) of
  1. subsection 2:
  1. (1) For the first offense, for a gross misdemeanor.
  1. (2) For the second and any subsequent offense, for a category B
  1. felony by imprisonment in the state prison for a minimum term of not less
  1. than [1 year] 2 years and a maximum term of not more than [6] 15 years,
  1. and may be further punished by a fine of not more than $5,000.
  1. 4. Except as otherwise provided in subsection 2 of NRS 200.571, a
  1. criminal penalty provided for in this section may be imposed in addition to
  1. any penalty that may be imposed for any other criminal offense arising
  1. from the same conduct or for any contempt of court arising from the same
  1. conduct.
  1. 5. The penalties provided in this section do not preclude the victim
  1. from seeking any other legal remedy available.
  1. 6. As used in this section:
  1. (a) "Course of conduct" means a pattern of conduct which consists of a
  1. series of acts over time that evidences a continuity of purpose directed at a
  1. specific person.
  1. (b) "Without lawful authority" includes acts which are initiated or
  1. continued without the victim’s consent. The term does not include acts
  1. which are otherwise protected or authorized by constitutional or statutory
  1. law, regulation or order of a court of competent jurisdiction, including, but
  1. not limited to:
  1. (1) Picketing which occurs during a strike, work stoppage or any
  1. other labor dispute.
  1. (2) The activities of a reporter, photographer, cameraman or other
  1. person while gathering information for communication to the public if that
  1. person is employed or engaged by or has contracted with a newspaper,
  1. periodical, press association or radio or television station and is acting
  1. solely within that professional capacity.
  1. (3) The activities of a person that are carried out in the normal course
  1. of his lawful employment.
  1. (4) Any activities carried out in the exercise of the constitutionally
  1. protected rights of freedom of speech and assembly.

Sec. 2. Chapter 481 of NRS is hereby amended by adding thereto a

new section to read as follows:

As a condition of the certification of each peace officer, the peace

officers’ standards and training committee shall require each peace

officer to be trained in dealing with the crimes of stalking and

aggravated stalking, including, without limitation:

1. The manner in which a report from a person who claims to be a

victim of stalking or aggravated stalking should be taken;

2. The proper method of carrying out an investigation of alleged

stalking or aggravated stalking; and

3. The elements of the crimes of stalking and aggravated stalking

.

Sec. 3. The amendatory provisions of section 1 of this act do not apply

to offenses that were committed before the effective date of this act.

Sec. 4. This act becomes effective upon passage and approval.

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