A Guide to "Trespass" Laws in Nevada (NRS 207.200)
Explained by by Las Vegas Criminal Defense Lawyers

Charged with trespass in Nevada? You are not alone . . .

Numerous people get arrested for trespassing at Las Vegas casinos every day. Much of the time, they did nothing wrong.

Our Las Vegas criminal defense attorneys have decades of experience successfully fighting trespass cases without a trial. Keep reading to learn everything you need to know about Nevada trespass law (NRS 207.200), including what it is, how we fight it, what to do if you are out-of-state, and how to protect your criminal record:

(Click on a title to proceed directly to that section)

1. The legal definition of trespass in Nevada (NRS 207.200)
2. How to fight trespass charges in Nevada
3. Penalties, punishments and pleas in Nevada trespass cases
4. Help for out-of-town visitors with Las Vegas criminal cases
5. Sealing Nevada criminal records in trespass cases
6. How Nevada trespass convictions affect immigration
7. Brief history of trespass law in Nevada
8. Trespass-related crimes in Nevada
9. How California criminal trespass laws compare to Nevada's
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1) The legal definition of trespass in Nevada (NRS 207.200)

The word "trespass" evokes images of jumping fences and ignoring NO TRESPASSING signs in the woods.

That is definitely part of it . . . but most trespass arrests in Las Vegas actually occur in casinos, and the people arrested for it often had no intention of breaking the law!

In the section, we discuss the legal definition of the Nevada crime of trespass with an emphasis of how it frequently plays out in Las Vegas casinos.

Definition of trespass

The Nevada trespassing law under NRS 207.200 outlaws the following actions:

  1. Going onto another persons' property with the intent to annoy the owner or occupant or to commit a crime there,1 or
  2. Willfully going on or remaining on another person's property after having been warned by the owner or occupant not to trespass.2

In short, you may be arrested if you go or stay on somebody else's land without their consent. It sounds simple, but let us break it down with a few real-world examples:

Trespass in casinos

Trespass is one of the most frequently cited crimes in Las Vegas casinos, and the people arrested for it usually did nothing unlawful. Casino security guards often overreact to innocent situations and have patrons trespassed simply for looking suspicious or loitering.

Trespass for refusing to leave

Many trespass arrests stem from situations where an allegedly rowdy patron refuses to leave after having been asked to by a casino security guard. Las Vegas criminal defense attorney Neil Shouse illustrates this typical casino trespass scenario:

Example: John tries to break up a fight at the Circle Bar at the Hard Rock Hotel. A surly hotel security guard shows up and assumes John is making trouble and orders him to leave. John explains he did nothing wrong and refuses to move. The security guard then takes John to a detaining room to await formal arrest by a cop from Las Vegas Metropolitan police.
Here, the cop will likely arrest John for trespass in Las Vegas and book him at the Clark County Detention Center3 because he did not leave the premises when asked to. It does not matter that Hard Rock Hotel is open to the public or if the security guard was being a jerk . . . once the security guard asked John to leave, John arguably committed trespass by insisting on staying.

An annoying aspect about Nevada trespassing law is that you can be arrested for it simply by staying put.4 In the above example, Hard Rock is open to the general public and everyone is welcome . . . but once you are dis-invited by a hotel employee with authority, you have to leave or face being charged with trespass.5

Trespass for returning to the premises

A more common trespass scenario in Nevada involves patrons who have been ordered to leave but then return at a later time, as Henderson NV criminal defense lawyer Michael Becker explains:

Sam is escorted out of the Green Valley Ranch in Henderson for being too rowdy and is ordered to stay out. Sam needs his clothes and his medicine in his hotel room, so Sam goes back inside just to get this stuff. The security guard sees Sam and detains him.
Once a cop from Las Vegas Metropolitan police arrives, he will probably arrest Sam for trespass in Henderson for returning to the premises after having been told to leave. Even though Sam was just getting his things and intended to leave right afterwards, the cop could still take him to the Henderson Jail6 on trespass charges.

Las Vegas hotel patrons often find themselves in this catch-22 where they are ordered to leave the very hotel where they have a room. In this situation, the best thing to do is to ask the security guard to escort you to your room first so you can gather your bags. If you are intoxicated, sometimes the guard will escort you back to your room on the condition that you not leave until you have sobered up.

Length of time that a trespass ban lasts

If a Nevada casino orders you off the premises, how long the banishment lasts depends completely on the individual casino's policy: Some casinos like Mandalay Bay might allow you back the next day, while others like Harrah's Reno will never allow you back in!

Unfortunately, casinos often give patrons no written notice of the banishment . . . they just tell them orally while they are being escorted away that they are no longer welcome. Furthermore, if someone is banned from one casino, he/she is often "flagged" as unwelcome at all its sister casinos. Las Vegas criminal defense attorney Neil Shouse gives an example:

A security guard escorts Sheila out of the Mirage after she was suspected of soliciting prostitution at a bar. The following week Sheila had to attend a convention for her job at the MGM. A security guard recognizes her name and detains her there until a cop arrives. Even though Sheila never misbehaved at the MGM, a cop may still arrest her for trespass for going onto the property of a company that had banned her.

In practice, Clark County prosecutors do not usually file trespass (NRS 207.200) charges when the original ban is more than one year old. So if Sheila in the above example entered the MGM ten years after the Mirage incident, chances are the trespass case would be dismissed . . . but it is never a sure thing.

If you have ever been ordered to leave a casino in Nevada, you should hire counsel to investigate whether you are on a permanent blacklist before you try to venture inside that casino or any other casinos owned by the same corporation. And if you are permanently barred, some casinos like Harrah's Reno allow you to apply for "reinstatement" after a period of six months or so to lift the ban.

How you are arrested for trespass

If a casino security guard in Nevada believes you have committed trespass, you will be taken to a detention room where either one of two things will happen:

  1. The guard will contact a local police officer to arrest you and book you at the local jail, or
  2. The guard will get your name and contact information and release you. But the guard will then pass on your information to the cops. You will then receive a summons in the mail ordering you to go to court and answer for criminal charges under Nevada trespass law.

If the casino guard believes you are being cooperative and do not pose a further danger, then chances are he/she will not call the Las Vegas police to conduct a formal arrest and will instead opt for the "summons in lieu of arrest" (abbreviated SIL) so you can be released sooner.7

Other trespass situations

The Nevada crime of trespass (NRS 207.200) is not limited to casinos and other businesses . . . people can be arrested for going or remaining on someone's residential property as well without permission. For example,

Example: Jan breaks up with her boyfriend Jim and tells him never to return to her rented Mesquite house. Jim shows up there the next day anyway.
If Jan calls the police, they would probably arrest Jim and book him at the Mesquite Jail8 for committing trespass (and maybe the Nevada crime of stalking as well) based on entering Jan's property after she had told him not to return. It also does not matter that Jan does not own the house-as long as she has a greater right to possession to it than Jim, she can legally order him away.

Furthermore, Nevada law assumes that anyone found on someone else's private property that is fenced in or otherwise marked with "no trespassing signs" is automatically guilty of trespass.9 For example,

Example: Tim is hiking near the border of Red Rock Canyon and comes across a wooden gate. He jumps over it to continue his hike without realizing that the gate marked someone's private property. Because being found on someone else's fenced-in land is "prima facie" evidence (which means plain and clear evidence) of trespass, a judge may adjudicate Tim guilty of trespass.

So people may be slapped with trespass charges in Nevada for being found on private land that was fenced in even if they did not realize what the fence meant.10 But if a landowner verbally warns a trespasser to leave and they quickly comply, the police will usually not then arrest them for trespass.

In sum . . .

As you can see, there does not have to be "breaking and entering" for you to be convicted of trespass in Las Vegas. Good, law-abiding citizens are arrested all the time just for arguing with jerky casino security guards or innocently retrieving their belongings or even just taking a nature hike.

Luckily, there are several legal defenses to trespass that your Las Vegas criminal defense attorney may be able to assert to get the trespass charges dismissed completely . . .

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2) How to fight trespass charges in Nevada

Las Vegas criminal defense lawyer Mike Becker has sixteen years of experience fighting trespass charges and often winning full acquittals, favorable plea bargains or outright dismissals. Common defenses he uses to win in trespass cases are the following:

  • Right to be there
  • Consent to be there
  • "No Trespassing" signs were improperly placed
  • Constitutional rights

Right to be there

You cannot be convicted of trespass NRS 207.200 in Nevada when you have a right to be on the property unless someone with a greater right to the property orders you to leave.11 let us take another casino example:

Henry gets into a fight with Max at a bar at Harrah's in Reno. Max screams at Henry to leave, but Henry refuses. Max does a "citizen arrest" on Henry for trespass and he is ultimately booked at the
Reno Jail.12
Trespass charges against Henry would not stand. Unlike a casino security guard, Max has no authority over who can be on Harrah's property. Therefore, Henry's right to be at Harrah's would be a good defense against a charge of trespass in Reno.

Whether you have the right to be somewhere obviously depends on the location itself. Businesses like casinos or shopping malls generally afford everyone the right to stay unless you are specifically asked to leave. But with private homes, you generally need prior consent of the owner or occupant before you can legally be there as a guest.13

Consent to be there

If you are arrested for trespass in Nevada, the charges should be dropped if your attorney can show that the owner or occupant of the premises consented for you to be there.14 So if you are invited to a party or an event, you are allowed to stay there unless and until the owner or occupant asks you to leave. For example,

Example: UNLV sent out exclusive party invitations to all its alumni including John by mistake, who never actually attended the school. At the party one of the other guests sees John and calls the cops to arrest him for trespass because the event is meant only for true alumni.

John did not commit trespass in Las Vegas because he was specifically invited and therefore had consent to be at the party. He could only be convicted for trespass at UNLV if a campus officer or someone else with authority actually told John to leave the party and he refused.

Proving consent can sometimes be tricky if it is not written down in an invitation or recorded in an email or phone exchange. But witnesses and circumstantial evidence can go a long way in showing prosecutors and the judge that you had legitimate consent to be somewhere and therefore did not commit the Nevada crime of trespass.

"No Trespassing" signs were improperly placed

Nevada trespass law outlines strict rules that landowners must follow to give others sufficient notice that they are not welcome to enter their property.15 If your attorney can show that the landowner failed to follow these guidelines, your trespass case may be dismissed.

Fences

Nevada law recognizes all types of fences as an equivalent to a "no trespassing" sign.16 But if your attorney can prove the fence was in disrepair or incomplete or that a reasonable person would not know it is meant to keep people out, Las Vegas trespass charges might be dropped.

Other markers

Nevada landowners who do not use fences are required to take other measures in order to provide sufficient notice not to trespass: For example, farmland owners have to display fluorescent orange paint markers at intervals of no more than 1,000 feet. Meanwhile, owners of non-farmland have to post these markers within every 200 feet.17

If your attorney can demonstrate that these landowners supplied insufficient signage, then the prosecutor may be inclined to throw out the Nevada trespass case before it even gets to trial.

Constitutional defenses

An effective defense to the Nevada crime of trespass may be your right to free speech under the First Amendment of the United States Constitution.18 But this defense usually only comes into play when the property in question is a public forum like a street or sidewalk,19 as Henderson NV criminal defense lawyer Michael Becker explains:

Example: Mark and Michelle are standing on the public sidewalk outside a Green Valley abortion clinic holding up pro-life signs. Eventually Michelle goes inside the abortion clinic so she can display her sign there. The employees there ask her to leave but Michelle refuses, so they call the cops who arrest both Mark and Michelle for criminal trespass in Henderson.
The Henderson trespass charges against Mark will probably be dropped because he has a constitutional right under the First Amendment to protest on public areas, such as the sidewalk. But the constitutional defense probably would not help in Michelle's case because she took her protest inside to the private space of the abortion clinic and then refused to leave when asked.

In any situation where you are exercising your rights to free speech or to assemble in a public area, Constitutional defenses may be an appropriate strategy in getting your trespass charges dismissed.

Other possible defenses

It may be that patrons who reserve a hotel room at a resort/casino enjoy a Constitutionally-protected property interest in their room. If so, this may limit the right of management to exclude such guests. Moreover, casinos should probably be required to give patrons written notice of exactly where and how long they are exiled before they may be legally arrested for trespass there.

Nevada courts have not taken up these issues and they are not foolproof defenses, but they are certainly arguments your attorney may explore in fighting any Las Vegas trespass case.

In sum . . .

There are a variety of different defenses available to fight Clark County trespass NRS 207.200 cases. After investigating the facts and evidence, your Las Vegas criminal defense attorney will determine which arguments have the best chance of persuading the prosecutor to deal or dismiss your case.

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3) Penalties, punishments and pleas in Nevada trespass cases

In this section we detail the possible penalties a Nevada trespass conviction carries and what plea bargains are possible in trespass cases. Finally we discuss how Clark County prosecutors often reduce charges of more serious crimes such as the Nevada crime of prostitution down to trespass.

Penalties

Trespass is only a misdemeanor in Nevada.20 Therefore, the maximum punishment a judge can sentence someone to for a trespass conviction includes the following terms:

  • up to six months in jail, and/or
  • up to a $1,000 fine21

But since trespass is so minor and non-violent, Las Vegas judges very rarely impose actual jail time. Only if the person is a repeat offender in Nevada is a judge more inclined to order incarceration.

Plea bargains

The typical plea bargain deal that Clark County District Attorneys offer on trespass cases include the following terms:

  • plead guilty to trespass
  • pay a $150 fine
  • Stay out of trouble until the fine is paid

If you do all of this successfully, the case will be closed and you do not have to go to trial. The only disadvantage is that it will also be on your permanent criminal record, and then you will have to wait at least two years before you can petition the court to seal your record . . . 22

But if you have no previous criminal convictions or if the state's evidence is particularly weak, the Las Vegas prosecutor is often agreeable to "dismissing" the case completely once you pay the fine. This way, you do not have to wait any time at all to seal your criminal record.

Pleading down to trespass

Since trespass is such a minor offense in Nevada, criminal defense attorneys often use trespass as a "bargaining chip" while negotiating with prosecutors: If you were originally charged with a more serious crime, it could be to your advantage if the state reduces your charge to trespass.

One situation where prosecutors frequently agree to lessen criminal charges to trespass is in cases involving the Nevada crime of prostitution.23 By pleading to trespass, the person avoids both trial as well as the social stigma of having a prostitution conviction on their criminal record.

4) Help for out-of-town visitors with Las Vegas criminal cases

If you have been charged with violating Nevada trespassing laws and live out of state, a local criminal defense attorney should be able to appear in court on your behalf without you ever having to come back. Learn more at our page on help for out-of-town visitors with Las Vegas criminal cases.

If you do not hire counsel and do not show up for court, the Clark County District Attorney's Office may consider you a fugitive and the judge will issue a bench warrant.24 But since trespass is only a misdemeanor in Nevada, law enforcement may not make any effort to extradite you back here to answer the charges.

However, as long as you have outstanding criminal cases in Nevada, it is always possible that you can be brought back into state and face fugitive charges as well. Furthermore if you ever come back into Las Vegas yourself and get pulled over for a Nevada traffic violation, the officer will run your name and immediately arrest you for the trespass case.

Therefore, you should immediately retain local counsel to take care of any criminal matter in Las Vegas to ensure you will not get in trouble for it later. Learn more about clearing bench warrants at our page on quashing bench warrants
in Nevada
.25 And for information about extradition in Nevada, read our article about extradition in Nevada.

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5) Sealing Nevada criminal records in trespass cases

If you have been convicted of trespass in Nevada, it may be possible to get your criminal record of it sealed. But you have to wait two (2) years from the time you were released from custody (or your suspended sentence ended) before you can petition the court to seal your trespass record.26

Although trespass is only a misdemeanor in Nevada, it is important you hire counsel to try to seal your criminal records as soon as the 2-year waiting period is done. Potential employers frown upon criminal histories and may automatically disqualify you as a job candidate.

Go to our article on sealing Nevada criminal records to learn more about the procedures and prerequisites required. It can be a confusing process and the judge has full discretion.27 So it is recommended you hire criminal defense counsel to help maximize your chances of success.

6) How Nevada trespass convictions affect immigration

Unlike many offenses, the Nevada crime of trespass NRS 207.200 usually cannot threaten the resident status of aliens in the United States.28 So if you are a non-citizen who has been convicted of trespass in Las Vegas, you should not be deported from America because of it.

If you are a non-citizen who has facing criminal charges, read our information page on the criminal defense of immigrants in Nevada.29 it is important you retain legal counsel to ensure that you do not plea to any crime that could get you removed from the country.

7) Brief history of trespass law in Nevada

The basic act of going onto or remaining on another's land without permission has been actionable since the early days of Nevada statehood, though many of those trespass cases concerned mining claims instead of casinos.30

The following are three of the most recent changes the Nevada Legislature has made to the NRS 207.200:

  • In 2005, AB 190 explicated that the crime of "peering" can potentially carry stiffer sentences than trespass.
  • In 2007, AB 80 redefined what kind of fencing and posting is sufficient to give others adequate notice that they are trespassing.
  • In 2009, AB 286 clarified that guests who were originally invited can still be guilty of trespass if they choose to remain on the premises after having then been asked to leave.

8) Trespass-related crimes in Nevada

Depending on the circumstances surrounding an arrest, trespass is frequently charged in conjunction with other Nevada offenses discussed in this section like burglary, home invasion, or stalking. And if the police suspect someone of trespassing in order to spy, they may instead be charged with peering.

Below are brief descriptions of these trespass-related offenses in Las Vegas and how they compare to the Nevada crime of trespass. If you wish to learn more about the definition, defenses and penalties for these individual crimes, the links will take you to our in-depth articles about them.

Nevada crime of burglary | NRS 205.060

The Nevada crime of burglary makes it a category B felony in Nevada to enter any structure or vehicle with the intent to commit thetheft, battery or a felony inside. A conviction carries up to ten years in
Nevada State Prison and up to a $10,000 fine.31 Furthermore, trespass is not considered a "lesser-included" offense of burglary . . . so a burglary conviction does not automatically mean trespass was also committed.32

Nevada crime of home invasion | NRS 205.067

The Nevada crime of home invasion is the forcible entry into an inhabited dwelling without permission. Unlike trespass, home invasion pertains only to homes and requires "breaking in," and it is punished as a category B felony
in Nevada with up to ten years in Nevada State Prison and maybe a $10,000 fine.33

Nevada crime of stalking | NRS 200.575

The Nevada crime of stalking makes it a misdemeanor in Nevada willfully to engage in conduct that would cause a reasonable person to fear for their safety. Conduct amounts to "aggravated stalking" if it puts the alleged victim in fear of death or substantial bodily harm in Nevada; this crime is punished as a
Nevada felony.34 Many of these cases involve suspects who allegedly trespassed in furtherance of their alleged stalking behavior.

Nevada crime of peering | NRS 200.603

The Nevada crime of peering outlaws knowingly entering another person's property with the intent to spy on them. Like trespass, this "Peeping Tom" law is misdemeanor in Nevada, but it can be charged as a gross misdemeanor
in Nevada
if the suspect has a camera or as a felony if the suspect has a deadly weapon.35

9) How California criminal trespass laws compare to Nevada's

Stated in Penal Code 602 pc, California criminal trespass laws outlaw the same general behavior as Nevada's, but the statute itself is more detailed. Penal Code 602 PC specifically prohibits more than 30 different acts such as cutting down another's trees that are presumably already incorporated under NRS 207.200.36

The main difference between California's and Nevada's criminal trespass laws lies in the sentences they carry. Whereas trespass is always a misdemeanor
in Nevada, in California it can be charged as an infraction, misdemeanor or even a felony depending on the circumstances:37

In California, merely going onto another's private property would be charged as an infraction and carry a small fine. But if someone threatens to injure another and then goes onto their land with intent to make good on that threat, a prosecutor would bring charges for "aggravated" criminal trespass, carrying up to three years in California State Prison.38

Have YOU been charged with violating NRS 207.200-"trespass"-in Nevada?

Trespass is a relatively minor offense in Nevada. But a conviction still gives you criminal record, and can potentially even result in jail time. it is important to retain counsel right away because it may be possible to get your charges dismissed completely, especially if it is your first offense.

Call our Las Vegas Nevada criminal defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation. We defend against all Nevada misdemeanor, Nevada felony, and Clark County DUI39 crimes. We can petition to seal your Nevada criminal records, and will help clients through Nevada bail procedures if they are in custody.40

Our lawyers fight criminal allegations throughout Clark County, Washoe County and Nye County, including Las Vegas, North Las Vegas, Henderson, Boulder City, Mesquite, Pahrump, Moapa, Laughlin and Reno, Nevada.

Legal References:


1This form of trespass is very hard to enforce because it is difficult for the state to prove intent to annoy or vex. Dan Jennings, Law Still Holds True: Thou Shalt Not Trespass, Las Vegas Sun (Feb 11, 2009).

2NRS 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: 
    1. 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
    2. 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: 
    1. If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:   
      1. Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:     
        1. 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
        2. 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;
    2. If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:   
      1. 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 200 feet; and
      2. Each corner of the land, upon or near the boundary;
    3. Fencing the area; or
    4. 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.
  3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
  4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
  5. As used in this section: 
    1. "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.
    2. "Guest" means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.

Scott v. Justice's Court of Tahoe Tp., 84 Nev. 9, 11, 435 P.2d 747, 748 (1967) ("The words ‘any land' have been construed in People v. Brown, 236 Cal.App.2d Supp. 915, 47 Cal.Rptr. 662 (1965), under a similar California statute. The court there stated: ‘We conclude that the clear intention of the Legislature was to give to the term ‘any lands' its normal and generally accepted meaning, and to include within the phrase everything normally considered to fall within the scope of its general definition.' The court then went on to quote Black's Law Dictionary, stating that ‘Land includes not only the soil, but everything attached to it, whether attached by the course of nature * * * or by the hand of man * * *.' See also People v. Lawson, 38 Misc.2d 611, 238 N.Y.S.2d 839 (1963). ‘The term ‘premises' is used in common parlance to signify land, with its appurtenances * * *.' Black, Law Dictionary 1344, 4th ed. 1951. Thus it is apparent that the word ‘premises' used in the complaint can be correlated with the word ‘land' used in the statute.").

3The Clark County Detention Center is the biggest jail in Clark County. Citizens charged with felonies in Las Vegas and who couldn't bond out are often housed there up through their trials.

4Scott v. Justice's Court of Tahoe Tp., 84 Nev. 9, 11-12, 435 P.2d 747, 748 - 749 (1967) ("The statute separates the words ‘go' and ‘remain upon' with the disjunctive conjunction ‘or.' A fair construction of the statute is that either act may be punishable. Thus the complaint's charge of ‘remaining' is within the statute. See State v. Carriker, 5 Ohio App.2d 255, 214 N.E.2d 809 (1964); People v. Brown, supra, for the importance of the linking conjunction.").

5Scott v. Justice's Court of Tahoe Tp., 84 Nev. 9, 12, 435 P.2d 747, 749 (1967) ("We are dealing in this case with premises to which the public was invited, thus a revocation of the general invitation would seem necessary before one could be considered a trespasser. Cases have held that such an invitation may be revoked for good cause and the violator prosecuted. In People v. Goduto, 21 Ill.2d 605, 174 N.E.2d 385 (1961), a union organizer who was peacefully distributing leaflets in a Sears, Roebuck and Company parking lot was convicted of trespass after having been requested to leave three times. Also in State v. Carriker, supra, the court said that the lawfulness of the original entry onto the premises of the business was immaterial after the defendant had been asked to leave.").

6The Henderson Jail is where people are booked following criminal arrests in Henderson Nevada. Inmates there are either awaiting a trial date or are serving misdemeanor sentences.

7NRS 173.185 Form of summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place.

8The Mesquite Jail is a small twenty-bed detention center located at 500 Hillside Dr., Mesquite, NV 89027 and reachable at (702) 346-6925.

9NRS 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: 
    1. 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
    2. 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: 
    1. If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:   
      1. Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:     
        1. 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
        2. 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;
    2. If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:   
      1. 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 200 feet; and
      2. Each corner of the land, upon or near the boundary;
    3. Fencing the area; or
    4. 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.
  3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

10Id.

11NRS 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: 
    1. 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
    2. 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.

12The Reno Jail is a large modern detention center in Washoe County, Nevada that holds people arrested for, charged with or sentenced for felonies, misdemeanors and federal crimes.

13NRS 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: 
    1. 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
    2. 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 . . .
  1. As used in this section: 
    1. "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.
    2. "Guest" means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.

14NRS 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: 
    1. 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
    2. 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.

15NRS 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: 
    1. 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
    2. 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: 
    1. If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:   
      1. Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:     
        1. 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
        2. 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;
    2. If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:   
      1. 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 200 feet; and
      2. Each corner of the land, upon or near the boundary;
    3. Fencing the area; or
    4. 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.
  3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
  4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
  5. As used in this section: 
    1. "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.
    2. "Guest" means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.

16Id.

17Id.

18First Amendment, U.S. Constitution ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."). See also Wright v. Incline Village General Imp. Dist., 597 F.Supp.2d 1191 (D.Nev., 2009).

19Overview of Public Forum Doctrine ("Traditional public fora include sidewalks, squares, and public parks.")

20NRS 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: 
    1. 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
    2. 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.

21NRS 193.150 Punishment of misdemeanors.

  1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
  2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.

22NRS 179.245 Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

  1. Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of: . . . 
    1. Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later . . . .

23The Nevada crime of prostitution is also just a misdemeanor, carrying up to six months in jail and/or a $1,000 fine.

24NRS 179.395 Nevada bench warrant after conviction. A bench warrant may be in substantially the following form:

Bench Warrant
State of Nevada       }
}ss.
County of............................................... }
The State of Nevada, to any sheriff, constable, marshal, policeman or other peace officer in this state: A. B. having been on the ........ day of the month of ............ of the year ........ duly convicted in the .................... Judicial District Court of the State of Nevada and in and for the County of ...................., of the crime of (designating it generally); you are therefore commanded forthwith to arrest the above-named A. B. and bring him before that court for judgment, or if the court has adjourned, that you deliver him into the custody of the sheriff of the County of .................... Given, by order of the court, under my hand with the seal of the court affixed, this the ........ day of the month of ............ of the year ....... .
...................................................................
E. F., Clerk.
(Seal),

25Quashing bench warrants in Nevada is usually a relatively easy procedure, and counsel can often appear in court on your behalf without you having to show up.

26NRS 179.245 Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

  1. Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of: . . . 
    1. Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later . . . .

27NRS 179.245 Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

  1. Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of: 
    1. A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
    2. A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
    3. A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
    4. Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;
    5. A violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
    6. Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
  2. A petition filed pursuant to subsection 1 must: 
    1. Be accompanied by current, verified records of the petitioner's criminal history received from:   
      1. The Central Repository for Nevada Records of Criminal History; and
      2. The local law enforcement agency of the city or county in which the conviction was entered;
    2. Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
    3. Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.
  3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and: 
    1. If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or
    2. If the person was convicted in a municipal court, the prosecuting attorney for the city.
      → The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
  4. If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information, sheriffs' offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

28U.S.C. § 1127 Deportable Aliens

29The criminal defense of immigrants in Nevada is a very specialized, difficult area of the law. Even minor crimes like petit larceny may be enough to prompt removal proceedings, so aliens should always seek counsel no matter how minor a crime they are charged with.

30Criminal Practice Act of 1911, § 500.

31NRS 205.060 Burglary: Definition; penalties; venue.

32Smith v. State, 120 Nev. 944, 946-947, 102 P.3d 569, 571 (2004) ("In Barton v. State, this court expressly adopted the elements test set forth in Blockburger "for the determination of whether lesser-included offense instructions are required." (117 Nev. 686, 694, 30 P.3d 1103, 1108 (2001).) "The test is met when all of the elements of the lesser offense are included in the elements of the greater offense." (Id. at 690, 30 P.3d at 1106; see also Lisby v. State, 82 Nev. 183, 414 P.2d 592 (1966).) In other words, under a strict application of Blockburger, an offense is lesser included only where the defendant in committing the greater offense has also committed the lesser offense. Applying the elements test to this case, we conclude that trespass is not a lesser-included offense of burglary. NRS 207.200(1)(a) provides that a person is guilty of trespass where "under circumstances not amounting to a burglary ... [the person g]oes ... into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act." The elements of the crime of trespass are defined in a manner that excludes acts that constitute burglary. Therefore, under the plain language of NRS 207.200(1)(a), the elements of trespass are not an entirely included subset of burglary because, by definition, trespass cannot be committed when entry into a building is accompanied by a burglarious intent. Because the offenses of burglary and trespass each require "proof of a fact which the other does not," trespass is not a lesser-included offense of burglary under the Blockburger test.").

33NRS 205.067 Invasion of the home: Definition; penalties; venue.

34NRS 200.575 Stalking: Definitions; penalties.

35NRS 200.603 Peering, peeping or spying through window, door or other opening of dwelling of another; penalties.

36Penal Code 602 pc, California trespass laws

37Id.

38Id.

39Refer to our information page on Las Vegas Nevada DUI Attorneys.

40For more information about bail in Las Vegas, go to our informational article on the Nevada bail procedures.

For more information see our articles on Nevada traffic violation, substantial bodily harm in Nevada, and gross misdemeanor in Nevada."

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