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

Every day hundreds of people in Las Vegas casinos get cited for trespass even though they did nothing wrong. Yet they get saddled with a criminal record, high fines and possibly jail. Our Las Vegas criminal defense attorneys have decades of experience successfully fighting trespass charges without a trial.

Definition

NRS 207.200 defines the Nevada crime of trespass as going or staying on another person's property without that person's permission. Most Nevada trespass cases concern rowdy casino patrons who allegedly refuse hotel security's requests to leave the premises.

Defenses

Common defense strategies to Nevada trespass charges include:

  • The defendant had the right to be there.
  • The defendant had the consent of the landowner or other authority to be there.
  • The landowner did not give sufficient notice via signage and fences to stay off his/her property.
  • The defendant was exercising his/her First Amendment Rights.
Penalties

Trespass is a misdemeanor in Nevada carrying:

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

But many first-time offenses can be dismissed with just a fine.

No_20trespassing
Trespass is one of the most frequently-charged Nevada offenses.

Continue reading for our in-depth answers to frequently-asked-questions about Nevada trespass law, including how trespass pertains to casinos, the best defense strategies, record sealing procedures, and whether out-of-state defendants can avoid coming to court:

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

  1. What is the legal definition of trespass in Nevada (NRS 207.200)?
  2. How do I fight trespass charges in Nevada?
  3. What are the penalties and pleas in Nevada trespass cases?
  4. What if I get charged with trespass and I live outside of Las Vegas or Nevada?
  5. How can I seal my criminal trespass record in Nevada?
  6. How do Nevada trespass convictions affect immigration?
  7. A brief history of Nevada trespass laws.
  8. What are other Nevada crimes related to trespass?
  9. Are California's criminal trespass laws different from Nevada's?
Img-no-trespassing-optimized
In practice, most trespassing cases have nothing to do with jumping fences and ignoring "no trespassing" signs. Instead, most trespass cases stem from people refusing to leave a Nevada casino.

1) What is the legal definition of trespass in Nevada (NRS 207.200)?

NRS 207.200 defines trespass in Nevada as the following:

  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 other words, a person faces arrest by going or staying on other people's land without their consent. Although "trespass" brings to mind intruders climbing over fences and defying NO TRESPASSING signs, most Las Vegas trespass arrests happen in casinos.

Most of the people arrested for trespass in Las Vegas casinos never meant to break the law. And in many cases, patrons get wrongly cited for trespass merely for looking suspicious or loitering when they were in fact innocent bystanders. 

Drinking_20casino
People who have been banned from a casino face Nevada trespass charges for attempting to go back onto casino grounds.
Trespass for refusing to leave the premises in Nevada

The typical trespass arrest follows from a casino security guard asking a rowdy or intoxicated patron to leave, and he/she refuses. Henderson criminal defense attorney Neil Shouse provides an illustration:

Example: Jose attempts to break up a fistfight at the Hard Rock Hotel's Circle Bar. Security arrives on the scene, presumes Jose is the one making trouble, and tells him to leave the premises. Jose stays where he is and tries to explain the situation. The guard grabs Jose and takes him to a detaining room. Then an officer from the Las Vegas Metropolitan police comes to arrest him and book him at the Clark County Detention Center3 because he did not leave the premises when asked to.

In the above example, it makes no difference that the Hard Rock Hotel is a public place or that the security guard was mistaken about Jose participating in the fistfight. As soon as the guard ordered Jose to leave, Jose committed trespass by defying his command.

Therefore, a person can violate Nevada trespassing law simply by staying put.4 After a property owner (or person with authority over the property) asks someone there to leave, he/she must get out or risk trespass charges.5

Trespass for returning to the premises in Nevada

Another common trespass circumstance concerns patrons who return to property in Nevada that they have already been "trespassed" (banned) from. Henderson criminal defense lawyer Michael Becker gives an example:

Example: Security at Green Valley Ranch escorts Libby out for being too loud and orders her to stay away until the following day. Libby goes back inside just to retrieve her prescription meds from her hotel room. Upon seeing her back inside the casino, security calls the police to book Libby at the Henderson Jail.6

It it irrelevant that Libby in the above scenario needed her medicine, or that she intended to leave the hotel as soon as she got her meds. The mere act of going back onto casino grounds after having been ordered to stay out qualifies as trespass in Nevada.

Consequently, many Las Vegas patrons with hotel rooms face a catch-22 when they are ordered to leave: They can either stay out and be deprived their belongings, or go back inside and risk arrest. The best thing a person can do in this situation is kindly ask the security guard to escort him/her to their room so they can gather their things.

Casino_marker
Some people are temporarily "trespassed" (banned) from Nevada casinos, while others are permanently "trespassed." Some people may be able to regain access by talking to the casino's legal department and negotiating a resolution.
Length and scope of trespass bans in Nevada

When a Nevada casino orders a patron to leave, the length of time the ban lasts depends on that specific casino's policy: For instance Mandalay Bay might allow the trespassed person back the following morning while Harrah's Reno may institute a permanent blacklist.

Note that many people who are banished from casinos never receive written confirmation or notice. Instead, security orally advises them while they are being thrown out that they are no longer welcome. Also note that this ban may extend to all the casino's sister properties. North Las Vegas criminal defense attorney Neil Shouse illustrates this concept:

Example: Penny gets kicked out of the Mirage for allegedly soliciting prostitution there, and she gets flagged as "banned" at all MGM Mirage properties. So next month when Penny attends a job fair at the MGM, she risks security recognizing her name and getting arrested for trespass.

In practice, the Clark County D.A. typically does not press trespass charges stemming from bans more than one year old. So if Penny in the above example went to the MGM five years following the Mirage incident and got arrested for trespass, there is a good chance prosecutors would dismiss her case.

Anyone who has been ordered to leave a Nevada casino is advised to retain legal counsel to investigate how long the ban is in place for and if it can be lifted. Even people who are permanently trespassed from a casino may be able to apply for "reinstatement" after six months or so.

Img-arrest-siren-optimized
In some Nevada trespass cases there is no arrest, and the person just receives a summons in the mail.
How trespass arrests play out in Nevada

If a casino security guard in Nevada suspects a person of violating NRS 207.200, security will take the person to a detention room. At that point, either one of three things will occur:

  1. Security contacts the police, who will then arrest and book the person at the local jail; or
  2. Security contacts the police, who will then issue the person a citation with instructions to appear in court at an arraignment in Nevada (where charges are formally brought)
  3. Security releases the person after getting his/her name and contact information, which security will then pass along to law enforcement. If the D.A. decides to press charges, the person will receive a summons in the mail requiring him/her to appear in court for an arraignment in Nevada.

As long as the suspect is being cooperative and does not seem to pose a threat, chances are he/she will get a citation or "summons in lieu of arrest" (abbreviated SIL) without having to be booked. But he/she needs to be careful not to ignore the citation or summons: Failing to appear in court in Nevada is a separate crime carrying fines and/or jail, so the person is advised to retain counsel to appear on his/her behalf.7

Other trespass situations in Nevada

The Nevada crime of trespass applies to residences as well as businesses. For example,

Example: Ivy dumps her boyfriend Ian and orders him to never set foot at her rented Mesquite house. The following day Ian goes there anyway. If Ivy contacts the cops, Ian would probably be arrested and booked at the Mesquite Jail8 for committing trespass (and perhaps the Nevada crime of stalking as well) for going on Ivy's property in defiance of her orders never to come back.

Note that it does not matter in the above example that Ivy is not the homeowner. As a tenant, she can lawfully order Ian to stay away.

Also note that Nevada law automatically presumes someone is guilty if he/she is found on someone else's private property which is fenced in or marked with "no trespassing signs".9 For example,

Example: Dirk is hiking by the perimeter of Red Rock Canyon and sees a picket fence. He jumps over the fence and resumes his hike. But since Nevada law deems being on fenced-in land as "prima facie" (plain and clear) evidence of trespass, Dirk can be convicted of trespass even if he honestly did not realize he was on private property.

Therefore, Nevada judges may slap people with trespass convictions for being found on private, fenced-in land even if they had no knowledge they were trespassing.10 But if someone is trespassing and the landowner verbally admonishes him/her to get out, the police will typically not then arrest him/her as long as he/she leaves quickly.

In sum . . .

"Breaking and entering" is not necessary to be arrested for trespass. Decent, law-abiding people get busted all the time merely for arguing with surly casino security guards, gathering their belongings, or even going on a nature hike.

Img-resisting-arrest-handcuffs-optimized
Police are more likely to show up to the scene of an alleged "trespass" in a casino if the defendant is being uncooperative and belligerent.

2) How do I fight trespass charges in Nevada?

Common defenses in Nevada trespass cases include:

  • Right to be there
  • Consent to be there
  • Improperly-placed "No Trespassing" signs
  • Constitutional rights
Nevada trespass defense: Right to be there

A person should not be convicted of trespass in Nevada when he/she has a right to be on the property unless someone with a greater right to the property orders him/her to leave.11 Here is another casino example:

Example: Vikash and Troy get into a bar fight at Harrah's in Reno. Troy yells at Vikash to leave, but Henry insists on staying. Troy performs a "citizen arrest" on Vikash for trespass. The police arrive and book Vikash at the Reno Jail.12
Any trespass charges against Vikash would not pass muster. As opposed to a casino security guard, Troy possesses no authority over who is allowed on Harrah's property. Consequently, Vikash's right to be at Harrah's serves as an effective defense against Nevada trespass charges.

A person's right to be somewhere turns on the location itself. Businesses such as casinos or shopping malls are usually open to the general public unless a person is specifically asked to leave. This is unlike private homes, where a a person generally needs prior consent of the owner or occupant before he/she can legally be there as a guest.13

Nevada trespass defense: Consent to be there

Trespass charges should not stand if the owner or occupant of the premises consented for the defendant to be there.14 So if someone is invited to a party or event, he/she may stay until the owner or occupant requests him/her to leave. For example,

Handshake
Consent is a defense to Nevada trespass charges.

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

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

Proving consent can be challenging if there was no written or audio record. In that case, both sides would call upon witnesses and circumstantial evidence to show judge that the defendant had legitimate consent to be somewhere and consequently is not guilty of trespass.

Nevada trespass defense: "No Trespassing" signs were improperly placed

Nevada landowners are required to give others sufficient notice via signs and/or fences that they are not allowed on their property.15 Trespass charges may be dismissed if the landowner failed to adhere to these guidelines.

Fences

Nevada law draws no distinction between all types of fences and a "no trespassing" sign.16 But if the fence was unfinished, in disrepair, or if a reasonable person would not realize the fence's purpose, it may be possible to have the trespass charges thrown out.

Img-intoxication-trespassing-optimized
Improperly-posted signage may be an effective defense to Nevada trespass charges.
Other markers

Nevada landowners who choose to forgo fences are expected to take other measures to provide sufficient notice for others not to trespass: For example, owners of farmland are required to display fluorescent orange paint markers at intervals of no more than 1,000 feet. Meanwhile, owners of non-farmland are required to post such markers every 200 feet.17

So if a defense attorney can show that landowners failed to supply sufficient signage, then the prosecutor may be amenable to dropping the Nevada trespass case without a trial.

Nevada trespass defense: Constitutional arguments

In some cases, the strongest defense to Nevada trespass charges is the right to free speech under the First Amendment of the United States Constitution.18 However, free speech factors in only when the property at issue is a public forum such as a street or sidewalk,19 as Henderson NV criminal defense lawyer Michael Becker illustrates:

Example: Lee and Leah are on the public sidewalk outside a Green Valley abortion clinic waving pro-life signs. Then Leah goes inside the abortion clinic in order to wave her sign there. Leah refuses to leave when the employees there ask her to, so the cops come and arrest both Lee and Leah for trespass.
The D.A. will probably drop the trespass charges against Lee since protesting on public areas such as the street falls within his exercise of free speech. But this Constitutional defense probably would not be helpful in Leah's case because her protest infiltrated the private space of the abortion clinic, and then she insisted on staying even when she was asked to leave.

In any circumstance where a trespass defendant was exercising his/her rights of free speech and assembly in a public area, constitutional defenses may serve as an effective strategy for fighting the charges.

Other possible Nevada trespass defenses

Arguably, hotel patrons have a Constitutionally-protected property interest in their room that limits management's right to exclude them. Furthermore, it seems only fair that casinos should be mandated to provide patrons written notice of precisely where and how long they are exiled from the premises. These arguments are not full defenses but may help a Nevada trespass defense.

In sum . . .

Several defenses are available to fight NRS 207.200 charges. A defense attorney would conduct a thorough investigation of the facts and evidence to determine which arguments stand the best chance of swaying the prosecutor to deal or drop the case.

Cash_20hand-optimized
Trespass in Nevada carries up to $1,000 in fines and possibly jail.

3) What are the penalties and pleas in Nevada trespass cases?

Trespass is a misdemeanor in Nevada.20 Consequently, the maximum punishment a court can hand down is:

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

Due to trespass being relatively minor and non-violent, Las Vegas judges very rarely include jail in the sentences for first-time offenders. Repeat trespass offender are more vulnerable to incarceration.

Plea bargains

For first-time trespass defendants in Nevada, a common plea bargain deal that Clark County District Attorneys may agree to includes:

  • paying a $150 fine, and
  • Staying out of trouble until the fine is paid

If the defendant completes all of these terms, the judge may "dismiss" the case without a conviction and without a trial. And because there is no conviction, the defendant may petition the court to seal his/her criminal record right away. 22

Judge's_gavel-optimized
Nevada judges dismiss many first-time trespass charges if the defendant pays a fine and avoids further arrests.
Pleading down to trespass

Because trespass is such a minor offense, Nevada criminal defense attorneys frequently try to get more serious charges reduced to trespass as part of a plea bargain.

One scenario in which the D.A. often agrees to reduce criminal charges to trespass are in cases involving the Nevada crime of prostitution.23 By pleading to trespass, the defendant both avoids trial as well as escapes the social stigma of having a prostitution conviction show up on his/her criminal record.

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

Nevada trespass defendants who live outside of Nevada can hire local counsel to appear for them in court so they do not have to come back to Nevada. Learn more at our page on help for out-of-town visitors with Las Vegas criminal cases.

Courtroom
In most Nevada trespass cases, out-of-state defendants never need to appear in court as long as they have private counsel representing them.

Note that not showing up to court (or not hiring counsel to show up instead) is its own separate crime: the Nevada crime of failure to appear. In addition, the judge may issue a bench warrant for no-shows.24 Therefore, out-of-state defendants are encouraged to retain a Las Vegas attorney as soon as possible to handle their local criminal matters.

Also note that people with bench warrants who are pulled over for a Nevada traffic violation will certainly get arrested once the officer runs their name. Read more about quashing bench warrants in Nevada and extradition in Nevada.25

5) Sealing Nevada criminal records in trespass cases

Nevada trespass convictions may be sealed no sooner than two (2) years from the time the case is closed.26 If trespass charges were dismissed without a conviction, the defendant can petition the court to seal the records right away.

Img-records-optimized
Nevada trespass convictions can be sealed 2 years after the case is closed.

Although trespass is only a misdemeanor in Nevada, potential employers may still choose to pass up otherwise qualified candidates who have trespass on their records. Read more about sealing Nevada criminal records to learn about the procedures and requirements.27

6) How Nevada trespass convictions affect immigration

Unlike many other Nevada crimes, a NRS 207.200 violation usually does not threaten an alien's resident status in the United States.28 So a non-citizen who has been convicted of trespass in Nevada should not fear deportation. Read our information page on the criminal defense of immigrants in Nevada.29 It is vital that non-citizen defendants retain legal counsel who know how to craft a legal defense that would maximize their chances of staying in the country.

Img-immigration-optimized
Nevada trespass convictions usually do not endanger an alien's residency status.

7) A brief history of trespass law in Nevada

Going onto or remaining on another's property without consent has been illegal since Nevada became a state; however, many early trespass cases involved mining claims instead of casinos.30 The most recent changes that the Nevada Legislature has made to NRS 207.200 are the following:

  • In 2005, AB 190 affirmed that the crime of "peering" can potentially carry stiffer sentences than trespass.
  • In 2007, AB 80 redefined what constitutes adequent fencing and posting to give the public sufficient notice that they are trespassing.
  • In 2009, AB 286 clarified that invited guests can still get convicted of trespass if they remain on the property after being asked to leave.

8) Trespass-related crimes in Nevada

Depending on the situation, a D.A. may bring trespass charges in conjunction with other Nevada crimes such as burglary, home invasion, stalking, or peering:

Nevada crime of burglary | NRS 205.060

The Nevada crime of burglary is entering any structure or vehicle with the intent to commit a theft, battery or a felony inside. It is a category B felony in Nevada, carrying up to ten years in Nevada State Prison and up to a $10,000 fine.31 Note that trespass is not a "lesser-included" offense of burglary . . . therefore a burglary conviction does not automatically mean a trespass occurred.32

Img-residential-burglary-optimized
Depending on the circumstances, trespass charges may accompany theft charges in Nevada.
Nevada crime of home invasion | NRS 205.067

The Nevada crime of home invasion is defined as the forcible entry into an inhabited dwelling without permission. As opposed to trespass, home invasion applies only to residences and requires a "breaking in." Home invasion is a category B felony in Nevada carrying 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 to deliberately act in a way that would induce a reasonable person to fear for his/her safety. If the stalking causes the victim to fear that he/she may die or sustain substantial bodily harm in Nevada, the defendant could be charged with Nevada felony of aggravated stalking."34 These cases frequently involve suspects who allegedly trespassed in order to stalk.

Img-peeping-eyehole-optimized
Going on another person's property with the intent to spy on them is the Nevada crime of "peering."
Nevada crime of peering | NRS 200.603

The Nevada crime of peering prohibits knowingly going on another person's property with the intention to spy on him/her. This "Peeping Tom" crime can be charged as either a misdemeanor in Nevada, a gross misdemeanor in Nevada if the defendant had a camera, or as a felony if a deadly weapon was involved.35

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

California criminal trespass laws are largely similar but more detailed than Nevada's. Penal Code 602 PC spells out more than 30 specific prohibitions such as cutting down another person's trees. Presumably these prohibited acts are also illegal under NRS 207.200, but it is not explicitly stated.36

The primary distinction between California's and Nevada's criminal trespass laws is the penalty they carry. Whereas Nevada law classifies trespass as a misdemeanor, California law allows trespass to be charged as an infraction, misdemeanor or even a felony depending on the situation:37

In California, simply venturing onto another person's private property qualifies as an infraction and carries a small fine. But if a person threatens to injure someone else and then goes onto his/her land in order to carry out the threat, that person would face charges for "aggravated" criminal trespass, which carries up to three years in California State Prison.38

Rx-call-help4-optimized
Call us at 702-DEFENSE (702-333-3673).

Charged with "trespass" in Nevada? Call us...

Trespass is a comparably minor offense in Nevada. However a conviction still slaps you with a criminal record and might result in jail time. For a free consultation on how trespass charges may be reduced or dismissed without a trial, phone our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) now.

Our Las Vegas criminal trespass attorneys defend against all Nevada misdemeanor, Nevada felony, and Clark County DUI crimes.39  We guide clients who are in custody through the Nevada bail procedures, and we help clients with past cases get their criminal records sealed.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:


1 This 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).

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: 
    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's 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.").

3 The 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.

4 Scott 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.").

5 Scott 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.").

6 The 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.

7 NRS 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.

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

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: 
    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.

10 Id.

11 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: 
    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.

12 The 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.

13 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: 
    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.

14 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: 
    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.

15 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: 
    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.

21 NRS 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.

22 NRS 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 . . . .

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

24 NRS 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),

25 Quashing 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.

26 NRS 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 . . . .

27 NRS 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.

28 U.S.C. § 1127 Deportable Aliens

29 The 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.

30 Criminal Practice Act of 1911, § 500.

31NRS 205.060 Burglary: Definition; penalties; venue.

32 Smith 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.").

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

34 NRS 200.575 Stalking: Definitions; penalties.

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

36 Penal Code 602 pc, California trespass laws

37 Id.

38 Id.

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

40 For 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.

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California and Nevada. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370