NRS § 207.190 – Coercion – Nevada Law & Penalties

Nevada NRS § 207.190 defines the crime of “coercion” as intentionally using intimidation, deprivation, or violence to compel another person to do something that they are not legally obligated to do. Prosecutors may file this charge as a misdemeanor or a felony.

Coercion is a misdemeanor as long as no physical force was used or threatened, carrying a penalty of:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

If you did commit or threaten to use physical force, then it is prosecuted as a category B felony. The penalty carries:

• one to six (1 – 6) years in Nevada State Prison, and
• possibly up to $5,000 in fines³

It may be possible to plea bargain coercion charges down to a dismissal or lesser charge. Common defenses include:

1. You had no criminal intent;
2. You were falsely accused; or
3. there was no coercion

In this article, our Las Vegas Nevada criminal defense attorneys discuss the following coercion topics:

• 1. Coercion Defined
• 2. Penalties
• 3. Defenses
• 4. Sealing Criminal Records
• 5. Immigration Consequences
• 6. Related Offenses
• Additional Reading

Coercion can be a misdemeanor or a felony in Nevada, depending on whether force was used or threatened.

1. Coercion Defined

The Nevada crime of coercion under NRS 207.190 occurs when you intentionally try to compel another person to do something — or to refrain from doing something — by either:

• being violent — or threatening violence — towards the person, their family, or property;
• depriving the person of a tool, implement, or clothing; or
• trying to intimidate the person through threats or force (against a person)

In short, coercion consists of two elements:

1. the criminal intent to deprive someone of a right, and
2. a criminal act depriving someone of that right

Consequently, coercion covers a very broad spectrum of actions where you bully another person to make them do something — or not do something — that they do not legally have to do:¹

Examples

An extreme example of coercion in Nevada is torturing someone until that person reveals information that the torturer is after: The victim has no legal obligation to tell the torturer anything, but the victim is being forced to with physical violence.

Another example is an ex-boyfriend refusing to give his ex-girlfriend her car keys back, preventing her from being able to drive away from him: The ex-girlfriend has every legal right to drive away, but the ex-boyfriend is stopping her by depriving her of the keys.

An example of “sexually-motivated” coercion is a CEO threatening to demote his administrative assistant unless the assistant sends a naked selfie: The administrative assistant has every legal right to abstain from sending compromising pictures, but the boss is compelling her to by threatening her livelihood.

Note that if you are accused of coercion, you may face additional charges depending on the facts of the case. For example, if John threatened Joe with a severe beating unless he stole a car for him — and Joe stole the car — then John would face charges for both coercion and auto theft.

Coercion as a Defense

Coercion is unique in that it is both a crime as well as a legal defense: If you can show the court that you were coerced into engaging in criminal activity, you should not be convicted of carrying out that criminal activity.

The only exception is if you were coerced into committing murder: The law dictates that you should never kill, even under extreme duress by your coercer. However, coercion is a “mitigating circumstance” that could help you get a lesser sentence.²

2. Penalties

The punishment for the Nevada crime of coercion depends upon whether you used force or the threat of immediate physical force. If there was none, then coercion is just a misdemeanor, carrying a sentence of:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

If you did use or threaten battery, then coercion is a category B felony, carrying:

• one to six (1 – 6) years in prison, and
• possibly up to $5,000 in fines³

Sexually-motivated coercion usually carries harsher penalties.

Sexually-motivated Coercion

Courts may hold a separate hearing after you are convicted of coercion to determine whether the coercion was sexually motivated. During this hearing, the D.A. has the burden to prove beyond a reasonable doubt that your motivation was sexual. If the court finds that the coercion was sexually motivated, the judge will impose a harsher sentence.⁴

Note that courts may not hold these hearings unless the D.A. gives you notice at least 72 hours before the trial. If the D.A. fails to properly serve you with notice, the final sentence will not reflect whether the coercion was sexually motivated. Learn more about Nevada sex crimes.

3. Defenses

There are many possible defense strategies to fight a coercion charge in Nevada. The following are just a few examples that could result in a coercion case getting thrown out or reduced to lesser charges.

• Lack of intent: Coercion is an intent crime in Nevada because it requires that you act knowingly and deliberately. If the prosecution cannot show that you intended to deprive the alleged victim of the right to act — or not act — in a certain way, then the charges cannot be sustained. For example, eyewitnesses or recorded text communications may provide evidence of your lack of criminal intent.
• False allegations: It is all too common for people to falsely accuse others of crimes out of jealousy, revenge, or mental illness. If your defense attorney can show that the accuser lied or that insufficient evidence exists to show you committed coercion, then the case should be dismissed.
• No assault or battery (in felony coercion cases): If the prosecution cannot prove that you resorted to violence or violent threats to carry out the coercion, then the felony charge should be reduced to a misdemeanor. Or if you used physical violence only in lawful self-defense, then the felony charge should be reduced to a misdemeanor as well.

Sometimes innocent and legal acts can be misconstrued as coercion.

Another defense is to argue that what transpired did not rise to the level of coercion. Coercion is such a vague offense, and perhaps law enforcement simply misinterpreted your legal actions.

4. Sealing Criminal Records

Misdemeanor coercion convictions can be sealed one (1) year after the case ends. Felony coercion convictions may be sealed five (5) years after the case ends.⁵

Note that coercion cases that get dismissed can be sealed right away.⁶ However, the record seal process itself takes several weeks. Learn more about sealing criminal records in Nevada.

5. Immigration Consequences

Coercion may be considered an aggravated felony or a crime involving moral turpitude.⁷ Therefore, non-citizens convicted of it may face deportation from the U.S.

Any immigrant charged with a crime in Nevada should retain experienced legal counsel to attempt to get their charges reduced to non-deportable crimes or dismissed.

6. Related Offenses

Extortion (NRS 205.320)

Coercion is a separate crime from extortion, which is where the extorter is trying to get something of value.

Extortion (a.k.a. blackmail) comprises situations where you threaten someone else in order to procure something of value such as money or property. Extortion is a category B felony, typically carrying restitution payments as well as:

• one to ten (1 – 10) years in prison, and/or
• up to $10,000 in fines

Bribery (NRS 197; NRS 207)

Bribery occurs when you offer another person something of value in order to persuade them to do something for you in return. The penalties turn on the context, such as if the bribery involved public officials, trial witnesses, or judicial officers. In many cases, bribery is a category C felony, carrying restitution payments as well as:

• one to five (1 – 5) years in prison, and
• possibly up to $10,000 in fines

Harassment (NRS 200.571)

Harassment is knowingly threatening someone else with harm so that the victim reasonably fears that the threat will be carried out. A first offense that involves no cyber-harassment or fear of bodily harm is a misdemeanor, carrying:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

Otherwise, harassment is a felony.

Dissuading a Witness (NRS 199.230)

Dissuading a witness occurs when you try to intimidate a witness from testifying in a case. If you use no physical force (or threats of immediate physical force), dissuading is a gross misdemeanor that carries:

• up to 364 days in jail, and/or
• up to $2,000 in fines

Otherwise, dissuading is a category D felony, carrying:

• one to four (1 – 4) years in prison, and
• possibly up to $5,000 in fines

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The Criminal Defense of Duress: A Justification, Not an Excuse—And Why It Matters – Buffalo Criminal Law Review.
• Threats and Criminal Deterrence in Several Dimensions – University of Illinois Law Review.
• Understanding Intimidation – Modern Law Review.
• Intimidation and the Internet – Penn State Law Review.
• Witness Intimidation – Florida State University Law Review.

Legal References