Assembly Bill No. 400–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to crimes; revising the crime of aggravated stalking; revising provisions concerning where crimes of harassment, stalking and aggravated stalking are deemed to have been committed; 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 193.1675 is hereby amended to read as follows:

   193.1675  1.  Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or [paragraph (a) of] subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator, may be punished by imprisonment in the state prison for an additional term not to exceed 25 percent of the term of imprisonment prescribed by statute for the crime.

   2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

   Sec. 2. NRS 200.575 is hereby amended to read as follows:

   200.575  1.  A person who, without lawful authority, willfully or

 maliciously engages in a course of conduct that would cause a reasonable

 person to feel terrorized, frightened, intimidated or harassed, and that

 actually causes the victim to feel terrorized, frightened, intimidated or

 harassed, commits the crime of stalking. Except where the provisions of

 subsection 2 are applicable, a person who commits the crime of stalking:

   (a) For the first offense, is guilty of a misdemeanor.

   (b) For any subsequent offense, is guilty of a gross misdemeanor.

   2.  A person who[:

   (a) Commits] commits the crime of stalking and in conjunction

 therewith threatens the person with the intent to cause him to be placed in

 reasonable fear of death or substantial bodily harm[;

   (b) Commits the crime of stalking on his spouse while a proceeding for

 the dissolution of their marriage is pending for which he has actual or legal

 notice or within 6 months after entry of the final decree of dissolution; or

   (c) Commits the crime of stalking on a person with whom he has a child

 in common while a proceeding for the custody of that child is pending for

 which he has actual or legal notice,]commits the crime of aggravated

 stalking.

   [3.] A person who commits the crime of aggravated stalking shall be

 punished[:

   (a) If he commits the crime set forth in paragraph (a) of subsection 2,]

 for a category B felony by imprisonment in the state prison for a minimum

 term of not less than 2 years and a maximum term of not more than 15

 years, and may be further punished by a fine of not more than $5,000.

   [(b) If he commits the crime set forth in paragraph (b) or (c) of

subsection 2:

     (1) For the first offense, for a gross misdemeanor.

     (2) For the second and any subsequent offense, for a category B

 felony by imprisonment in the state prison for a minimum term of not less

 than 2 years and a maximum term of not more than 15 years, and may be

 further punished by a fine of not more than $5,000.

   4.] 3.  Except as otherwise provided in subsection 2 of NRS 200.571, a

 criminal penalty provided for in this section may be imposed in addition to

 any penalty that may be imposed for any other criminal offense arising

 from the same conduct or for any contempt of court arising from the same

 conduct.

   [5.] 4.  The penalties provided in this section do not preclude the

 victim from seeking any other legal remedy available.

   [6.] 5.  As used in this section:

   (a) “Course of conduct” means a pattern of conduct which consists of a

 series of acts over time that evidences a continuity of purpose directed at a

 specific person.

   (b) “Without lawful authority” includes acts which are initiated or

 continued without the victim’s consent. The term does not include acts

 which are otherwise protected or authorized by constitutional or statutory

 law, regulation or order of a court of competent jurisdiction, including, but

 not limited to:

     (1) Picketing which occurs during a strike, work stoppage or any

 other labor dispute.

     (2) The activities of a reporter, photographer, cameraman or other

 person while gathering information for communication to the public if that

 person is employed or engaged by or has contracted with a newspaper,

 periodical, press association or radio or television station and is acting

 solely within that professional capacity.

     (3) The activities of a person that are carried out in the normal course

 of his lawful employment.

     (4) Any activities carried out in the exercise of the constitutionally

 protected rights of freedom of speech and assembly.

   Sec. 3.  NRS 200.581 is hereby amended to read as follows:

   200.581  Harassment, stalking or aggravated stalking shall be deemed

 to have been committed where the conduct occurred or[, in the case of

 harassment or aggravated stalking involving a threat, at the place from

 which the threat was made or at the place where the threat was received.]

 where the person who was affected by the conduct was located at the

 time that the conduct occurred.

   Sec. 4.  The amendatory provisions of this act do not apply to offenses

 committed before October 1, 2001.

 

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