Existing law provides that a person is guilty of harassment if he or she, without lawful authority, knowingly makes certain threats and, by words or conduct, places the person threatened in reasonable fear that the threat will be carried out. Existing law further provides that a person who is guilty of harassment is: (1) for the first offense, guilty of a misdemeanor; and (2) for the second or any subsequent offense, guilty of a gross misdemeanor. (NRS 200.571)
Section 2 of this bill prohibits a person from directly or indirectly addressing any threat or intimidation to a candidate for public office if the person: (1) knows or has reason to know that the threat or intimidation communicates the intent, either immediately or in the future, to cause or induce another to cause bodily injury to the candidate or another who the person knows or has reason to know is a family member of the candidate or physical damage to the property of the candidate or another who the person knows or has reason to know is a family member of the candidate; and (2) addresses the threat or intimidation in a manner which places the person who receives the threat or intimidation in reasonable fear that the threat or intimidation will be carried out. Section 2 further provides that a person who violates the provisions of section 2 is: (1) for the first offense, guilty of a misdemeanor; and (2) for the second or any subsequent offense, guilty of a gross misdemeanor.
Section 3 of this bill authorizes a candidate who believes that he or she is the subject of a threat or intimidation that violates the provisions of section 2 to notify the Secretary of State in writing of the alleged violation. Upon receipt of such notice, section 3 requires the Secretary of State to conduct an investigation and, if the Secretary of State determines that reasonable suspicion exists that a violation has occurred, requires the Secretary of State to, as soon as practicable, refer the matter to the Attorney General for a determination of whether to institute proceedings to enforce the provisions of section 2. Section 3 further requires the Secretary of State to, after the conclusion of such an investigation, issue to the candidate who notified the Secretary of State of the threat or intimidation a written report that includes: (1) a description of the alleged violation; (2) the results of the investigation undertaken; and (3) if applicable, the outcome of the referral of the matter to the Attorney General.