NRS § 200.575 – “Stalking” – Nevada Law & Penalties

NRS 200.575 makes stalking a crime in Nevada. Stalking occurs when a person, without lawful authority, willfully or maliciously engages in two or more acts directed at someone that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for immediate safety, and actually causes that reaction in the person targeted.

Penalties

Nevada Stalking Offense	Criminal Sentence
First offense	If the victim is under 16, and you are at least 5 years older:  Gross misdemeanor carrying up to 364 days in jail and/or $2,000. Otherwise:  Misdemeanor carrying up to 6 months in jail and/or $1,000.
Second offense	If the victim is under 16, and you are at least 5 years older:  Category C felony carrying 2 to 5 years in prison and up to $5,000. Otherwise:  Gross misdemeanor carrying up to 364 days in jail and/or $2,000.
Third or subsequent offense	If the victim is under 16, and you are at least 5 years older:  Category B felony carrying 2 to 15 years in prison and up to $5,000. Otherwise:  Category C felony carrying 1 to 5 years in prison, and up to $5,000.
Felony cyber-stalking	Category C felony:  1 to 5 years in prison and up to $10,000.
Aggravated stalking	Category B felony:  2 to 15 years in prison and up to $5,000.

Possible Examples

• repeatedly following someone,
• repeatedly waiting outside their home,
• repeatedly sending unwanted messages, or
• repeatedly using their login information to access their social media account.

Defenses

• False allegations,
• Mistaken identity,
• No stalking behavior, and/or
• Freedom of expression.¹

In these cases, we examine the timeline, complete conversations, and available video before deciding how to challenge the allegations. In our experience, the full history matters in a stalking case. A few screenshots may leave out important context.

In this article, our Las Vegas criminal defense attorneys address the following key issues regarding Nevada stalking laws:

• 1. Elements of NRS 200.575
• 2. Penalties
• 3. Restraining Orders
• 4. Losing Firearm Rights
• 5. Defenses
• 6. Record Seals
• 7. Immigration Consequences
• 8. Stalking vs. Harassment
• 9. Related Offenses
• 10. Advice for Victims
• Frequently Asked Questions

1. Elements of NRS 200.575

To convict you of stalking under NRS 200.575, Nevada prosecutors must prove beyond a reasonable doubt the following four elements:

1. You acted without lawful authority. This includes conduct started or continued without the person’s consent, but excludes conduct protected or authorized by law; and
2. You willfully or maliciously engaged in a course of conduct directed at a specific person. A course of conduct means at least two acts over time showing a continuing purpose. The acts can occur in person or electronically; and
3. Your conduct would cause a reasonable person under similar circumstances to feel terrorized, frightened, intimidated, harassed, or fearful for immediate safety; and
4. Your conduct actually caused the person targeted to experience one of those reactions. Fear for immediate safety can concern that person, a family or household member, or a current or former dating partner.²

What makes stalking aggravated?

In Nevada, ordinary stalking does not require an express threat of violence. In contrast, aggravated stalking requires the elements of stalking plus a threat made with the intent to place the person in reasonable fear of death or substantial bodily harm. The threat can be conveyed through words or conduct.³

For example, repeatedly following someone and threatening to kill them may qualify. A single threatening remark, without the required course of conduct, does not by itself establish aggravated stalking.

What is felony cyberstalking?

In Nevada, the elements of felony cyberstalking are:

1. Conduct that meets the elements of stalking; and
2. Use of electronic means to publish, display, or distribute information; and
3. A manner of doing so that substantially increases the risk of harm or violence to the victim.⁴

An example could be a stalking campaign that posts a person’s address and encourages others to attack them. Repeated unwanted texts can support an ordinary stalking charge, but they might not rise to the level of felony cyberstalking.

2. Penalties

This table applies when the victim is 16 or older, or when the victim is under 16 but you are less than five years older. It does not cover aggravated stalking or felony cyberstalking.

Ordinary Stalking Offense	Nevada Punishment
First offense	Misdemeanor:  Up to 6 months in jail and/or $1,000 in fines.
Second offense	Gross misdemeanor:  Up to 364 days in jail and/or $2,000 in fines.
Third or subsequent offense	Category C felony:  1 to 5 years in prison and a possible fine of up to $5,000.

The following table applies when the victim is under 16 and you are at least five years older (subject to any more severe penalty prescribed by law).⁵

Stalking Victim Under 16, and Defendant is ≥ 5 Years Older	Nevada Punishment
First Offense	Gross misdemeanor: Up to 364 days in jail and/or $2,000 in fines	.
Second offense	Category C felony: 2 to 5 years in prison and a possible fine of up to $5,000	.
Third or subsequent offense	Category B felony: 2 to 15 years in prison and a possible fine of up to $5,000.

Meanwhile, aggravated stalking is always a category B felony in Nevada, carrying two to 15 years in prison and a possible fine of up to $5,000. (Just in 2026, the Nevada Supreme Court affirmed a defendant’s six-to-15-year sentence for aggravated stalking.)⁶

Finally, felony cyber-stalking under NRS 200.575(4) is a category C felony, carrying 1 to 5 years in prison and a possible fine of up to $10,000.

Note that it may be possible to get a suspended sentence and probation depending on your case. The court may also impose counseling, no-contact requirements, and other conditions.⁷

3. Restraining Orders

In a Nevada stalking case, the court may issue a protective order requiring you to stay away from someone and stop contacting them. A person can request a stalking protection order without waiting for a criminal conviction.

Under NRS 200.594, a temporary stalking order generally lasts up to 45 days. If an extended order petition is filed while it is in effect, the temporary order continues until the hearing. An extended order requires notice and a hearing and can last up to two years.

The following penalties generally apply to intentional violations of stalking or harassment protection orders under NRS 200.591.⁸

Order Violated	Possible Penalty in Nevada
Temporary protection order	Gross misdemeanor:  Up to 364 days in jail and/or $2,000 in fines.
Extended protection order	Category C felony:  1 to 5 years in prison and a possible fine of up to $10,000.

Note that domestic violence protection orders follow different rules. Their violation penalties fall under NRS 33.100. (A roommate relationship alone does not qualify as a domestic relationship under NRS 33.018.)⁹

We tell clients to follow the order exactly, even if they believe the accusation is false or the protected person contacts them first. We can always try asking the court to change or dissolve the order; the other person’s permission does not change it.

4. Losing Firearm Rights

Having a felony stalking conviction generally strips you of your gun rights under Nevada law, regardless of your relationship to the victim.

A non-felony stalking conviction can also trigger a firearm ban when the court finds that:

• The victim has a relationship with you covered by NRS 33.018(1), such as a spouse, former spouse, dating partner, certain family member, or co-parent; and
• The victim has an ongoing, reasonable fear of physical harm.

With that finding, the court must order permanent surrender, sale, or transfer of your firearms under the statutory procedures. Violating this provision is a category B felony carrying 1 to 6 years in prison and a possible fine of up to $5,000.

A stalking conviction also affects eligibility for a concealed firearm permit.¹⁰

We review firearm consequences before advising a client about a plea. Avoiding prison does not necessarily mean keeping your firearm rights.

5. Defenses

Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have represented literally thousands of people charged with stalking. In our experience, the following five defenses have proven very effective with judges and prosecutors in getting NRS 200.575 charges reduced or dismissed.

1. False allegations or mistaken identity: Messages, account records, video, witnesses, and location evidence may contradict the false accusation or identify a different suspect.
2. No qualifying course of conduct: The evidence does not establish at least two acts showing a continuing purpose directed at the alleged victim.
3. Missing reasonable-person or actual-reaction element: The prosecution must prove both that the conduct could cause a reasonable person to feel fear and that the alleged victim actually felt fear, not simply that contact was unwanted.
4. No aggravated-stalking threat or intent: If the prosecution cannot show there was a threat of violence, an aggravated stalking charge could be reduced to ordinary stalking.
5. Lawful or constitutionally protected conduct: Perhaps the conduct was protected speech and assembly, lawful employment activities, or qualifying professional newsgathering.¹¹

We preserve complete conversations and build a timeline before choosing a defense. Do not delete messages, try to persuade the complainant to withdraw the accusation, or send someone else to contact them for you.

6. Record Seals

Eligible stalking records can be sealed after the applicable waiting period. Sealing requires you actively filing a petition; it does not happen simply because time has passed.¹²

Case Outcome in Nevada	Waiting Period for Record Seal Eligibility
Misdemeanor stalking	2 years after release from actual custody or the end of the suspended sentence, whichever is later.
Gross misdemeanor stalking	2 years after release from actual custody or discharge from probation, whichever is later.
Category B or C felony stalking	Generally 5 years after release from actual custody or discharge from parole or probation, whichever is later. A conviction qualifying as a crime of violence carries a 10-year waiting period instead.
Charges dismissed or acquittal	Generally no waiting period to seek sealing under NRS 179.255.

7. Immigration Consequences

A stalking conviction can have serious immigration consequences, including deportation.¹³

If you are not a U.S. citizen, we recommend reviewing the proposed charge and plea with both criminal defense and immigration counsel before accepting a deal. A sentence without jail time can still create immigration problems.

8. Stalking vs. Harassment

Harassment under NRS 200.571 involves a knowing, unlawful threat of specified harm that places the recipient in reasonable fear the threat will be carried out. It can involve threatened injury, property damage, confinement, or substantial harm to physical or mental health or safety.

Stalking requires a course of conduct; ordinary stalking does not require an express threat. Also, harassment does not require repeated conduct.¹⁴

The penalties are somewhat similar, as the following table shows:

Harassment Crime	Nevada Penalties
First offense	Misdemeanor: Up to 6 months in jail and/or $1,000
Subsequent offense	Gross misdemeanor: Up to 364 days in jail and/or $2,000
The victim feared substantial bodily harm	Category B felony: 2 to 15 years in prison and up to $5,000
Cyber-harassment	Category C felony: 1 to 5 years in prison and up to $10,000

9. Related Offenses

• Peering, peeping, or spying through a dwelling’s window or opening (NRS 200.603)
• Capturing or distributing an image of a private area (NRS 200.604)
• Battery domestic violence (NRS 200.485)
• Violating a domestic-violence protection order (NRS 33.100)

10. Advice for Victims

If you are in immediate danger, call 911. Otherwise, consider these steps:

• Preserve evidence: Keep messages, voicemails, screenshots, and a dated log of incidents. Save usernames, web addresses, and witness names when available.
• Report the conduct: Contact local law enforcement and provide the full timeline, including any threats or existing orders.
• Consider a protection order: Nevada’s self-help resources explain how to apply. Stalking and harassment applications generally go to justice court; a qualifying domestic relationship may call for a domestic-violence order instead.
• Make a safety plan: A victim advocate can help with safe communication, account security, and practical steps at home, work, or school. Avoid confronting the person to collect evidence.¹⁵

Additional Resources

• Nevada Self-Help Center – Stalking and harassment protection-order information and forms.
• U.S. Department of Justice – Stalking information and victim-support resources.
• SPARC – Stalking information and safety-planning resources.
• RAINN – Information about stalking and getting help.
• VictimConnect – Referrals and support for victims of crime.

Frequently Asked Questions

Can I be charged with stalking for one incident?

Nevada stalking requires at least two acts over time showing a continuing purpose directed at a specific person. One isolated act does not meet that requirement, although it could support a different charge. Whether a single encounter contains multiple qualifying acts depends on the facts.

We review the timeline closely rather than accepting a police report’s description of a “pattern.” Dates, full message threads, and witness accounts can help show what actually happened.

Can texting someone repeatedly lead to stalking charges?

Yes. Repeated texts can support a stalking charge if all the legal elements are met. However, using a phone or social media does not automatically make the offense felony cyber-stalking. That provision requires electronic publication, display, or distribution of information in a way that substantially increases the risk of harm or violence to the victim.

We review complete conversations, not just selected screenshots. The context, timing, identity of the sender, and nature of the messages can all matter to the defense.

Can the alleged victim drop the stalking charges?

The alleged victim can tell the prosecutor that they do not want the case to proceed, but that does not automatically dismiss the charges. The prosecutor decides whether to pursue the criminal case, subject to the court’s rulings. A protective order also remains in effect unless it expires or the court changes or ends it.

We tell clients not to contact the person to ask them to withdraw the accusation. Let your lawyer handle the case, especially if a no-contact order is in place.

Can I respond if the protected person contacts me first?

If an order prohibits contact, the protected person’s call, text, or invitation does not change that order. You must follow its terms unless the court modifies it or it expires.

We advise clients to save the incoming communication and send it to their lawyer without responding. If contact is needed for children, property, or another practical issue, we can ask the court for an appropriate change.

Can I get probation instead of prison for stalking?

Probation or a suspended sentence may be available, depending on the offense, your record, other charges, and applicable sentencing restrictions. It is not guaranteed. A judge may impose conditions such as counseling and no contact with the alleged victim.

What should I do if I am accused of stalking?

Follow every protective order and release condition, preserve relevant evidence, and get legal advice before discussing the allegations with police. Do not delete messages, access the other person’s accounts, or ask friends to contact them for you.

We ask clients to bring the complaint, any court orders, complete message threads, and a dated timeline. This helps us identify missing context, mistaken identity, and weaknesses in the prosecution’s evidence.

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