Bullying by Use of Electronic Communications Device – NRS 200.900

Bullying by Use of Electronic Communications Device

Under Nevada law, NRS 200.900 addresses the criminal offense of bullying by use of an electronic communications device. This statute specifically targets harassment or intimidation conducted through digital means, including text messages, emails, social media, and other online platforms. The goal of this law is to protect individuals from harmful online behavior and ensure that those who engage in such conduct face appropriate consequences.

To secure a conviction for bullying by use of an electronic communications device, the prosecution must prove the following elements beyond a reasonable doubt:

1. Electronic Communication: The accused used an electronic communications device to send messages, images, or other forms of communication.
2. Intent to Harm: The communication was intended to intimidate, harass, or cause emotional distress to the victim.
3. Repeated Behavior: The bullying behavior was persistent or involved multiple instances of harassment.

Related Offenses

Bullying by use of electronic communications device is related to several other offenses, including:

1. Harassment – NRS 200.571
2. Cyberstalking – NRS 200.575
3. Threatening or Intimidating – NRS 200.280
4. Defamation – NRS 41.670
5. Assault – NRS 200.471

Examples

To better understand the implications of this offense, consider the following examples:

• Example 1: Emily repeatedly sends threatening messages to her classmate, Sarah, through social media. Despite Sarah’s requests for Emily to stop, the messages continue and escalate. Emily could be charged with bullying by use of an electronic communications device.
• Example 2: Tom uses a fake email account to harass his co-worker, John, by sending defamatory and abusive messages. If Tom’s actions are proven to be intentional and persistent, he may face charges under NRS 200.900.

Defenses to Bullying by Use of Electronic Communications Device

Defending against charges of bullying by use of an electronic communications device involves various strategies:

1. Lack of Intent: Demonstrating that the communication was not intended to cause harm or emotional distress. If the messages were not meant to intimidate or harass, the charges may be challenged.
2. False Allegations: If the accused can show that the allegations are false or that the evidence is fabricated, the charges might be dismissed. This can involve proving that the communication was misinterpreted or that the accuser has ulterior motives.
3. Misidentification: Establishing that the accused was not the person responsible for the electronic communication. This can involve proving that the account or device used does not belong to the accused.

Potential Penalty for Bullying by Use of Electronic Communications Device

The penalties for a conviction under NRS 200.900 can vary depending on the severity of the offense and the specifics of the case:

• Category Misdemeanor or Gross Misdemeanor: Bullying by use of an electronic communications device can be charged as a misdemeanor or gross misdemeanor, depending on the impact of the conduct.
• Penalties: Conviction may result in fines, probation, mandatory counseling or educational programs, and possible jail time.
• Additional Consequences: A conviction may also impact personal relationships, professional opportunities, and academic standing.

Criminal Defense for Bullying by Use of Electronic Communications Device

When facing allegations of bullying by use of an electronic communications device, it is crucial to seek representation from an experienced criminal defense attorney. Josh Tomsheck, a renowned criminal defense lawyer, offers the expertise needed to navigate such complex cases. As a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, Mr. Tomsheck is well-equipped to provide effective legal representation.

Mr. Tomsheck is also a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. With a history of achieving hundreds of complete dismissals and acquittals at trial, he is committed to defending his clients’ rights and interests.

For more information about defending against charges of bullying by use of electronic communications device in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today.