Nevada Senate to Consider Text Message Stalking Bill

Last month the Nevada Assembly unanimously passed AB309, and the bill came before the Senate Judiciary Committee last week.  The bill makes several significant changes to Nevada Revised Statute 200.575, the crime of stalking.

AB309 adds text messaging to the list of potential avenues for stalking:

A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication 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.

The bill also increases the severity of a first offense, placing it in the category of a gross misdemeanor.  A subsequent offense, formerly a gross misdemeanor, is now a category D felony.

Finally, the bill slightly modifies the definition of stalking.  Conduct which causes someone to be "fearful for the safety of a third person" is now included in the definition.

This is a great step in the right direction for Nevada to protect its citizens.  Especially with teenagers, texting has become nearly as ubiquitous as calling someone on the phone.  This can lead to people being harassed via text.  More states need to realize that even a simple technology like texting can be used for ill will, and that ill will needs to be criminalized.  If the bill passes the Senate, the state will become only the fifth state to enact similar legislation.  According to an article in the Las Vegas Sun, Tennessee, Texas, Utah and Washington are the only other states with similar legislation.