Nevada law prohibits many different kinds of crimes against persons. When a crime is considered to be one committed against another human being, that crime is defined within Chapter 200 of Nevada’s penal code found in Title 15. Chapter 200 details many different crimes against persons, which are divided into different categories including homicide offenses, sexual assault offenses, and stalking or harassment offenses.
One of the categories of crimes against persons that is found in Chapter 200 is a category that relates to peeping offenses. Peeping is unlawful and penalties are very serious under the relevant laws in the state of Nevada, and defendants need to understand exactly what the rules are for this offense.
If you are accused of peeping, you need to understand what a prosecutor would need to prove in order to convict you, what possible penalties you face, and what legal strategy is most likely to allow you to avoid or minimize those penalties.
Depending upon the nature of the accusations against you and the extent of evidence available that prosecutors have to secure a conviction, the best course of action after an accusation of peeping may involve negotiating a favorable plea agreement to reduce possible penalties or pleading not guilty and going to court to try to get acquitted.
LV Criminal Defense has negotiation experience that is invaluable when trying to secure a plea deal and we have courtroom experience to help you convince the court not to find you guilty if you decide to fight the peeping accusations. Whatever approach is best for your case, we understand how accusations can affect your future and we will fight aggressively on your behalf to try to help you get the best possible outcomes within the justice system.
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The subcategory of offenses in Chapter 200 that is related to peeping contains two different statutes. The first, N.R.S. 200.603, defines the offense of peeping when committed by a defendant who peers through, looks through, or spies through a window, door, or other opening of a dwelling. The second, N.R.S. 200.604, defines the offense of peeping when a defendant captures images of another individual’s private parts and distributes, discloses, displays, transmits, or publishes images of another person’s private area.
Peeping as defined in N.R.S. 200.603 involves knowingly entering another person’s property or promises, or entering a property that the defendant owns or leases but has rented to another. The prosecutor must prove that the defendant knowingly entered the space with the intent to conceal himself or to go unnoticed onto the premises and peer or spy through a window, door, or any other opening on the structure.
In other words, whenever a defendant goes onto a property without the permission or knowledge of those who own or rent it in order to spy on the occupants, the defendant could be convicted of peeping, peering, or spying.
If the defendant goes onto a property to peep, peer, or spy and the defendant has a deadly weapon on his person at the time of the incident, the defendant could be charged with a Category B felony. This could result in imprisonment for a minimum period of one year and a maximum period of six years. A defendant can also face up to a $5,000 fine for conviction of peeping while in possession of a deadly weapon.
A defendant who is convicted of peeping but who did not have a deadly weapon on him at the time of the violation could also face harsh penalties for having a video camera, a digital camera, a photographic device, or any other device that is capable of recording images or sound. If the defendant caught peeping has any type of recording device on him, he could be convicted of a gross misdemeanor.
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Finally, a defendant who is found to be peeping could be convicted of a misdemeanor offense, provided there were no aggravating factors such as having recording equipment or having a deadly weapon.
N.R.S. 200.604 details the crime of capturing the private areas of another person and disclosing, distributing, displaying or transmitting images of the victim’s private areas. Under the law, a defendant could be charged with a criminal offense under N.R.S. 200.604 if the defendant acts without consent of the other person, and acts in circumstances where the other person had a reasonable expectation of privacy.
This statute also makes clear that in most situations, it is also unlawful to distribute, disclose, or transmit information a defendant had reason to know was made in violation of laws against capturing images of the private parts of another person without the consent of that individual.
Capturing an image of a victim’s private parts without consent and/or transmitting that image could result in conviction for a gross misdemeanor for a first offense. For a second or subsequent offense, the crime is a Category E felony. Felony offenses are very serious and can have far-reaching lifelong consequences.
Being accused of peeping can ruin your reputation and could potentially result in incarceration if you are convicted. You need to be assertive and strategic about responding to charges so you can try to reduce the chances that you will be convicted of a serious criminal offense.
LV Criminal Defense is here to provide the help you need in navigating the criminal justice system. Our Las Vegas criminal defense attorneys know the laws inside and out and we can work closely with you to determine the best choice for responding to charges, We can also help you to implement a plan that is aimed at reducing conviction or limiting consequences of a guilty verdict. To find out more about how we can help you to fight peeping charges, give us a call today.