Penalties Associated with the Crime of Coercion

NRS 207.190 – Overview of the Penalties Associated with the Crime of Coercion

According to NRS 207.190, it is a crime to coerce another person into committing an unlawful act, or to coerce a person into doing or not doing something they have a right to do or not do.

If you or a loved one has been charged with allegedly attempting to coerce, or coercing, another person, it is extremely important to speak to a Las Vegas criminal defense attorney to discuss your legal options.

Coercion as a Crime under NRS 270.190

Under NRS 207.190 it is illegal to compel a person to do or abstain from doing something they have a right to do or abstain from doing, by:

• Using violence or threatening to use violence against the person in question, their family members, or their property in order to get the person to do or abstain from doing something, or

The classic example of coercion is a situation where a person is forced to rob a bank against their will or face physical violence. Whoever is forcing the person to rob the bank is guilty of coercion.

The statute treats sexually motivated coercion separately. If a person commits an act of coercion motivated primarily by sexual gratification, it is considered an aggravating factor. Aggravating factors are factors a judge will look at to determine whether harsher punishment is warranted. When faced with a case that is potentially sexually motivated, the judge in charge of the case will hold a special hearing to determine whether the act was in fact sexually motivated. The accused will have a chance at that hearing to make an argument as to why it was not sexually motivated coercion if they so choose.

Defenses to a Coercion Charge under NRS 207.190

If you or a loved one was charged with this crime in Nevada, it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against a coercion charge:

• It must be proven that you intended to coerce the person. It may be that there was a misunderstanding and you didn’t intend to coerce the person.
• Use of violence. There is a significant difference between coercion aided by the use or threat of violence and coercion not aided by actual or the threat of physical violence. If you can show you did not use of threaten to use physical force, it will significantly lessen the harshness of a conviction.

Potential Penalty for Committing coercion under NRS 207.190

The crime of coercion is split into different penalties depending on the facts of the crime. If a person, while committing coercion, uses physical force or the threat of physical force it is classified as a class D felony. In convicted of a class D felony, the punishment is:

• No less than 1 year, and no more than 6 years in state prison and
• Fine of no more than $5,000

If you are convicted of coercion that does not include the use of physical force or the threat of it, it is considered a misdemeanor crime, and the punishment is:

• Up $1000 fine
• Up to Six (6) months in a county jail
• Both

It should be noted that coercion may often be an “add-on” crime. If a person, through coercion, forces another person to commit a crime, the person committing coercion is also likely guilty of the underlying crime they forced the other person to commit.