Nevada: Fast Facts on Trespassing

• Trespass Law Covers: Buildings, Dwellings, Land, Vehicles
• Crime Class: Misdemeanor, Felony
• Fencing Required?: Yes, if no signage posted.
• Signage Required?: Yes, if no fencing or barricades posted.
• Verbal Notice Required?: No, but suffices for notification that trespassing forbidden.

Nevada Trespassing Law Overview

Nevada has steadily been undergoing Californication for some time, and the state of their state statutes certainly reflects this: Immense, massive, swollen, scattered, haphazard and obtuse.

Just a few words that describe the trespassing laws in Nevada. Certainly one of the biggest risks is simply overlooking or missing a section considering they are scattered across many chapters in many titles of the state’s laws.

I have done my best to bring you all the information you need on trespassing in the state of Nevada and also dumb when I can to clarify for easy consumption.

Make sure you grab a drink and get comfortable because you’re getting into the deep end, now.

Relevant Nevada State Statutes

• NRS 205.081 – “Dwelling” defined
• NRS 205.0813 – Housebreaking; penalty
• NRS 205.082 – Unlawful reentry; penalty
• NRS 205.0817 – Unlawful occupancy; penalty
• NRS 207.200 – Unlawful trespass upon land; warning against trespassing
• NRS 207.203 – Unlawful trespass upon licensed gaming establishment by person previously convicted of prostitution or solicitation for prostitution – Effective through June 30, 2020
• NRS 207.203 – Unlawful trespass upon licensed gaming establishment by person previously convicted of prostitution or solicitation for prostitution. – Effective July 1, 2020
• NRS 207.210 – Destruction of signs or notices forbidding trespass
• NRS 206.140 – Nuisance in building; trespass upon grounds; disturbing assembly

The only definitions in Nevada that have their own section that are pertinent to our discussion today are in NRS 205.081, which defines dwelling:

NRS 205.081 – “Dwelling” defined.

As used in NRS 205.081 to 205.082, inclusive, “dwelling” means a structure or part thereof that is designed or intended for occupancy as a residence or sleeping place.

Simple enough and one of the only simple sections in this blasted set of legal statutes. A dwelling is any structure or part of a structure that is designed or intended for someone to live in or sleep in.

This obviously includes a residential house, trailer or hotel room, or any similar structure.

Next section is NRS 205.0813 and covers housebreaking, which is not just entering into a house that you don’t have permission to be in, but doing so with the intent of inhabiting it or providing habitation to someone else.

In essence, this is Nevada’s anti-squatting law, and sorely needed if I might add:

NRS 205.0813 – Housebreaking; penalty.

1. A person who forcibly enters an uninhabited or vacant dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking.

2. A person is presumed to know that an entry described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:

(a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and

(b) Includes the current address and telephone number of the owner or his or her authorized representative.

3. A person convicted of housebreaking is guilty of:

(a) For a first offense, a gross misdemeanor; and

(b) For a second and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

4. A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking must not be released on probation or granted a suspension of sentence.

5. As used in this section, “forcibly enters” means an entry involving:

(a) Any act of physical force resulting in damage to the structure; or

(b) The changing or manipulation of a lock to gain access.

Housebreaking is a misdemeanor but any subsequent charge is a felony. The next section covers unlawful occupancy, which goes hand-in-hand with the previous section on housebreaking:

NRS 205.0817 – Unlawful occupancy; penalty.

1. A person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy.

2. A person is presumed to know that the residency described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:

(a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and

(b) Includes the current address and telephone number of the owner or his or her authorized representative.

3. A person convicted of unlawful occupancy is guilty of a gross misdemeanor. A person convicted of unlawful occupancy and who has been convicted three or more times of unlawful occupancy is guilty of a category D felony and shall be punished as provided in NRS 193.130.

4. A person who is accused of unlawful occupancy pursuant to subsection 1 and has previously been convicted two times of housebreaking, unlawful occupancy or any lesser included or related offense, or any combination thereof, arising from the same set of facts is presumed to have obtained residency of the dwelling with the knowledge that:

(a) Any asserted lease is invalid; and

(b) Neither the owner nor an authorized representative of the owner permitted the residency.

Unlawful occupancy is a gross misdemeanor for the first charge, and a Class D felony for subsequent charges.

The only difference between it and housebreaking is that housebreaking requires forced entry, even if it is just the illicit manipulation or changing of a lockset.

If you can just let yourself in and then start squatting in a place, that is illegal occupancy.

In the next section we move onto trespassing proper, specifically upon land and in buildings and the requirements for warning against trespassers:

NRS 207.200 – Unlawful trespass upon land; warning against trespassing.

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

(a) Painting with fluorescent orange paint:

(1) Not less than 50 square inches of a structure or natural object or the top 12 inches of a post, whether made of wood, metal or other material, at:

(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and

(II) Each corner of the land, upon or near the boundary; and

(2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

(b) Fencing the area;

(c) Posting “no trespassing” signs or other notice of like meaning at:

(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet; and

(2) Each corner of the land, upon or near the boundary;

(d) Using the area as cultivated land; or

(e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

5. As used in this section:

(a) “Cultivated land” means land that has been cleared of its natural vegetation and is presently planted with a crop.

(b) “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.

The unlawful entering onto any land or into any building and remaining there knowing that there is no right or privilege to be upon or in said property is unlawful trespass upon land.

Note that according to the state statutes only one of several notification or denial methods must be present to count as sufficient warning that a person has no privilege to be on land that is not their own.

Fencing or other perimeter markers counts, as do posted signs, marks of paint and verbal notice. The specifics for each are detailed above.

In the next section, we come to the most ‘Nevadan’ of the Nevada trespassing laws which covers the unlawful trespass upon licensed gaming establishment grounds by any person previously convicted of prostitution or the solicitation of prostitution.

NOTE – This law is being phased out, with a new version taking effect July 1st. I have it included here for completeness:

NRS 207.203 – Unlawful trespass upon licensed gaming establishment by person previously convicted of prostitution or solicitation for prostitution – Effective through June 30, 2020

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who commits a violation of NRS 207.200 by trespassing on the premises of a licensed gaming establishment and who has previously been convicted of three violations of NRS 201.354 within the immediately preceding 5 years is guilty of a misdemeanor and shall be punished by:

(a) A fine of $1,000;

(b) Imprisonment in the county jail for not more than 6 months; or

(c) Both fine and imprisonment.

In lieu of all or a part of the punishment which may be imposed pursuant to this subsection, the person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.

2. The court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of a counseling or educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

3. Upon violation of a term or condition, the court may enter a judgment of conviction and punish the person as provided in subsection 1.

4. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him or her.

5. Except as otherwise provided in subsection 6, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the person for any purpose. Discharge and dismissal under this section may only occur once with respect to any person.

6. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

…

8. As used in this section, “licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

The section I have listed below covers the same crime has the one listed immediately previous, that is taking effect on July 1st, 2020 and supersedes the previous law:

NRS 207.203 – Unlawful trespass upon licensed gaming establishment by person previously convicted of prostitution or solicitation for prostitution – Effective July 1, 2020

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who commits a violation of NRS 207.200 by trespassing on the premises of a licensed gaming establishment and who has previously been convicted of three violations of NRS 201.354 within the immediately preceding 5 years is guilty of a misdemeanor and shall be punished by:

(a) A fine of $1,000;

(b) Imprisonment in the county jail for not more than 6 months; or

(c) Both fine and imprisonment.

In lieu of all or a part of the punishment which may be imposed pursuant to this subsection, the person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.

2. The court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of:

(a) A counseling or educational program; or

(b) In the case of a person dependent upon substances, a program of treatment and rehabilitation pursuant to NRS 176A.230 if the court determines that the person is eligible for participation in such a program.

3. Upon violation of a term or condition, the court may enter a judgment of conviction and punish the person as provided in subsection 1.

4. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him or her.

5. Except as otherwise provided in subsection 6, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. …

…

6. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

7. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which the person is assigned and the cost of any additional supervision required, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

8. As used in this section, “licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

Any person who violates this section is guilty of a misdemeanor and can be charged up to $1,000 and sentenced to six months in the county jail or both.

Alternately, a lengthy term of community service could be imposed in lieu of either of those sentencing parameters.

So, if you are a prostitute or a lover of prostitutes don’t be taking yourself into a gambling institution in the state of Nevada. Such a wholesome place…

The next section, NRS 207.210, the tales the crime and charges for the destruction of signs or posted notices that forbid trespassing:

NRS 207.210 – Destruction of signs or notices forbidding trespass.

It shall be a misdemeanor for any person maliciously to tear down, mutilate or destroy any sign, signboard or other notice forbidding trespass within an enclosure.

Don’t destroy, tear down or deface signs declaring trespassing forbidden. That’s a misdemeanor! Next up, trespassing on grounds or disturbing an assembly:

NRS 206.140 – Nuisance in building; trespass upon grounds; disturbing assembly

Every person who:

1. Commits any nuisance in any building, public or private;

2. Commits any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the building; or

3. In any manner interferes with or disturbs those peaceably assembled within the building,

shall be guilty of a public offense proportionate to the value of any property damaged or destroyed, but in no event less than a misdemeanor.

This particular statute applies to those who are trespassing upon any grounds or within any building, be it publicly owned or privately owned, in a manner that interferes with or disturbs any peaceful assembly within the building.

No matter what, this will be a misdemeanor with the grade of the offense going up in direct proportion to the value of any property damaged or destroyed.

This most likely applies to those who would “protest” via rioting and vandalism in the style so popular today, but can certainly apply to those who refuse to leave a public institution.

Conclusion

Nevada’s trespassing laws are no easy set of statutes to collect, collate and understand.

Seemingly scattered by the four winds all across the state’s law books, you must nonetheless become familiar with them if you do not want to run afoul of the law. Hopefully this brief will be helpful for you.

The post Nevada Trespassing Laws What You Need to Know appeared first on Survival Sullivan.

By: Tom Marlowe
Title: Nevada Trespassing Laws What You Need to Know
Sourced From: www.survivalsullivan.com/nevada-trespassing-laws/
Published Date: Sat, 26 Aug 2023 16:00:00 +0000

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