Coercion – NRS 207.190

Overview

Coercion, as defined under Nevada Revised Statute (NRS) 207.190, involves the use of threats, intimidation, or force to compel another person to act against their will or refrain from acting. This offense is taken seriously in Nevada, as it undermines personal autonomy and can lead to various forms of harm. The law seeks to protect individuals from being manipulated or forced into actions they would not otherwise take voluntarily.

Elements of the Offense

To secure a conviction for coercion under NRS 207.190, the prosecution must prove the following elements beyond a reasonable doubt:

1. Use of Threats or Force: The accused must have used threats of violence or actual physical force against the victim. This could include threats to harm the victim, their family, or their property.
2. Intent to Coerce: The intent behind the threats or force must be to induce fear in the victim, compelling them to act or refrain from acting. This element establishes that the coercive actions were deliberate and purposeful.
3. Victim’s Response: The victim must have felt compelled to comply with the demands made by the accused as a result of the coercion. This could involve performing an action they had a right not to do or failing to perform an action they had a right to undertake.

Related Offenses

Coercion is closely related to several other criminal offenses, including:

• Extortion – NRS 205.320: Involves obtaining money or property through threats of violence or harm.
• Assault – NRS 200.471: Includes physical attacks or threats of harm that could lead to coercion charges.
• Domestic Violence – NRS 200.485: Coercive behaviors are often present in domestic violence situations.

Examples of Coercion

Understanding coercion can be made clearer through specific examples:

• Example 1: During a heated argument, Alex threatens to harm his partner if they do not comply with his demands. This threat may lead to a coercion charge, as Alex is using intimidation to control his partner’s actions.
• Example 2: Jamie, a manager, threatens to fire an employee unless they agree to perform illegal activities. This situation demonstrates coercion, as the employee feels compelled to act against their will due to the threat of losing their job.

Defenses to Coercion

Defending against charges of coercion can involve several strategies:

1. Lack of Intent: If the accused can demonstrate that there was no intent to coerce or threaten, this may be a viable defense. For example, if the threats were made in jest or without the expectation that the victim would take them seriously, the charges may not hold.
2. Accidental Threat: In cases where the accused did not intend to create fear or did not act with malice, proving that the perceived threat was unintentional can be a defense.
3. Consensual Relationship: If the actions in question were part of a consensual agreement or relationship, demonstrating this context can refute coercion claims.
4. Insufficient Evidence: The prosecution must provide clear evidence of coercion. If the evidence is circumstantial or weak, the charges may be challenged.

Potential Penalties for Coercion

Coercion can be classified as either a misdemeanor or a felony, depending on the severity of the threats or actions involved:

• Misdemeanor: If coercion does not involve threats of physical harm, it may be charged as a misdemeanor. Penalties for a misdemeanor conviction can include up to 6 months in jail and/or a fine of up to $1,000.
• Category B Felony: Coercion involving threats of serious bodily harm can be charged as a Category B felony, carrying more severe penalties, including 1 to 6 years in prison and fines of up to $5,000.

The Impact of a Coercion Conviction

A conviction for coercion can have significant ramifications. Beyond the immediate legal penalties, individuals may face long-term consequences such as a criminal record, difficulty in finding employment, and strained personal relationships. Additionally, a coercion conviction may impact professional licenses or the ability to work in certain fields, particularly those involving vulnerable populations.

Criminal Defense for Coercion

If you are facing charges of coercion under NRS 207.190, it is essential to seek legal representation from an experienced criminal defense attorney. Joshua Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling serious criminal cases equips him to provide a strong defense for those accused of coercion.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Mr. Tomsheck has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of his clients, coupled with his deep understanding of Nevada’s legal system, makes him a strong advocate in coercion cases.

Coercion is a serious offense that can have far-reaching legal consequences. If you are accused of coercion, understanding your rights and the potential implications is crucial. The stakes are high, and having skilled legal representation can make a significant difference in the outcome of your case.

For more information about defending against coercion charges in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.