1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct directed towards a victim that would cause a reasonable person under similar circumstances to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member or a person with whom the victim has had or is having a dating relationship, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household member or a person with whom the victim has had or is having a dating relationship, commits the crime of stalking. Except where the provisions of subsection 2, 3 or 4 are applicable, a person who commits the crime of stalking: (a) For the first offense, is guilty of a misdemeanor. (b) For the second offense, is guilty of a gross misdemeanor. (c) For the third or any subsequent offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000. 2. Except as otherwise provided in subsection 3 or 4 and unless a more severe penalty is prescribed by law, a person who commits the crime of stalking where the victim is under the age of 16 and the person is 5 or more years older than the victim: (a) For the first offense, is guilty of a gross misdemeanor. (b) For the second offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000. (c) For the third or any subsequent offense, is guilty of a category B felony and shall be punished 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. 3. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished 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. A person who commits the crime of stalking by electronic means to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130 . 5. If any act engaged in by a person was part of the course of conduct that constitutes the crime of stalking and was initiated or had an effect on the victim in this State, the person may be prosecuted in this State. 6. 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. 7. If the court finds that a person convicted of stalking pursuant to this section committed the crime against a person listed in subsection 1 of NRS 33.018 and that the victim has an ongoing, reasonable fear of physical harm, the court shall enter the finding in its judgment of conviction or admonishment of rights. 8. If the court includes such a finding in a judgment of conviction or admonishment of rights issued pursuant to this section, the court shall: (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360 ; and (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361 . 9. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. 10. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available. 11. As used in this section: (a) Act includes, without limitation, accessing a social media account of a specified person by using the login credentials or personal information of a specified person to gain user access to the social media account of the specified person. (b) Course of conduct means two or more acts conducted in person or by electronic means over a period of time that evidences a continuity of purpose directed at a specific person. (c) Dating relationship has the meaning ascribed to it in NRS 33.018 . (d) Electronic means includes, without limitation, through the use of an Internet or network site, a social media communication, electronic mail, text messaging or any other similar means of communication used to electronically publish, display or distribute information. (e) Family or household member means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person. (f) Internet or network site has the meaning ascribed to it in NRS 205.4744 . (g) Network has the meaning ascribed to it in NRS 205.4745 . (h) Offense includes, without limitation, a violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in this section. (i) Social media communication means: (1) A private communication, including, without limitation, a message or image, sent between users of a social media platform; or (2) A communication, including, without limitation, a message or image, which is: (I) Made available or otherwise shared on a social media platform; (II) Visible to other users of the social media platform or the public; and (III) Intended to defame, threaten or incite others to violence toward the victim, a family or household member of the victim or a person with whom the victim has had or is having a dating relationship. (j) Text messaging means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another persons telephone or computer by addressing the communication to the recipients telephone number. (k) Without lawful authority includes acts which are initiated or continued without the victims 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, camera operator 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 or her lawful employment. (4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
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