Question 1

What is the definition of trespass in Nevada?

Accepted Answer

NRS 207.200 defines trespass in Nevada as either: Going onto another persons' property with the intent to annoy the owner or occupant or to commit a crime there, or willfully going on or remaining on another person's property after having been warned by the owner or occupant not to trespass. In short, a person faces a trespass citation or arrest by going - or remaining on - other people's land without their consent. The word trespass brings to mind intruders climbing over fences or breaking and entering in defiance of NO TRESPASSING signs. However, most Las Vegas trespass arrests occur in casinos when people merely refuse to leave, or refuse to stay away.Las Vegas casino trespass arrests: The typical trespass arrest happens after a casino security guard asks a rowdy or intoxicated patron to leave, and the patron refuses. Example: Jose attempts to break up a Hard Rock Hotel bar fight. Security arrives on the scene. They presume Jose is the trouble-maker. The guard tells Jose to leave the premises. But Jose stays where he is. He tries to explain the situation. The guard grabs Jose. He takes Jose to a detaining room. Soon an LVMPD officer arrives to arrest Jose. And the officer books him at the CCDC. The D.A. charges him with trespass. In the above example, it makes no difference that the Hard Rock is a public place or that the security guard was mistaken about Jose participating in the fistfight. After a property owner (or a person with authority over the property) asks someone there to leave, that person must comply or risk NRS 207.200 charges.Another common trespass scenario concerns patrons who return to casinos from which they have already been banned (trespassed). Example: Security at Green Valley Ranch escorts Libby out. She was being too loud. Security orders her to stay away until the following day. Libby goes back inside. She just wants to retrieve her prescription meds. Which are in her hotel room. Security sees her and calls the police. The officers then book her at Henderson Jail. The D.A. charges her with trespass. It is irrelevant that Libby in the above example needed her medicine or that she intended to leave the hotel as soon as she retrieved her medicine. The mere act of going back onto property grounds after having been ordered to stay away violates NRS 207.200. 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 of their belongings, or go back inside and risk arrest. The best thing people can do in this situation is to kindly ask the security guard to escort them to their room so they can gather their things.Length and scope of casino trespass bans: Some people are temporarily trespassed (banned) from Nevada casinos, while others are permanently trespassed. Every casino has its own policies for how long a ban of a particular patron lasts. For instance, Mandalay Bay might allow a trespassed person back the following morning once the person sobers up. Meanwhile, 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 usually extends to all the casino's sister properties. Example: Penny gets kicked out of the Mirage for allegedly soliciting prostitution (NRS 201.354), 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 District Attorney rarely press trespass charges stemming from bans that are 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.How casino trespass arrests play out: 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 in jail; or 2) Security contacts the police. Who will then issue the person a citation. It will have instructions to appear at an arraignment; or 3) Security releases the person after getting the contact information. Security will then pass this along to law enforcement. The D.A. will decide whether to press trespass charges. If yes, the D.A. will mail a summons. It will order the person to appear at the arraignment. Trespass suspects who are behaving cooperatively and non-threateningly may be able to avoid an arrest. Instead, they may receive a citation or summons in lieu of arrest (abbreviated SIL) without having to be booked into jail. People who receive a citation or a summons in lieu of an arrest need to be careful not to ignore it. Failing to appear in court (NRS 199.335) is a separate crime carrying fines and/or jail, and the judge will issue a bench warrant for the defendant's arrest. But since trespass is such a minor offense, defendants can usually avoid appearing in court as long as they hire an attorney to go for them.Other trespass situations in Nevada: The Nevada crime of trespass can also occur on residences and other businesses: Example: Ivy's ex-boyfriend Ian shows up at her rental house in Mesquite despite her telling him never to set foot there again. If Ivy contacts the police, Ian would probably be arrested and booked at the Mesquite Jail for committing trespass (and perhaps stalking under NRS 200.575 as well) for going on Ivy's property in defiance of her orders never to come back. As a tenant, Ivy in the above example can lawfully order Ian to stay away from her house. It makes no difference that Ivy does not actually own the home. Note that Nevada law automatically presumes people are guilty of trespass if they are found on someone else's private property which is fenced in or marked with no trespassing signs. 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 liable for trespass even if he honestly did not realize he was on private property. Therefore, Nevada judges may convict people of trespass for being on private, fenced-in land even if they had no knowledge they were trespassing. But if a landowner sees trespassers and verbally admonishes them to leave, the police will typically not arrest them as long as they leave quickly.

Question 2

What are the penalties under NRS 207.200?

Accepted Answer

Trespass under NRS 207.200 is a misdemeanor in Nevada, carrying a punishment of up to six (6) months in jail, and/or up to a $1,000 fine. Since trespass is relatively minor and non-violent, Las Vegas judges rarely impose jail time for first-time offenders. Repeat-trespass offenders are more vulnerable to incarceration.Trespass dismissals: The Clark County District Attorney may allow defendants to take a submittal to trespass: This means that the trespass case will be completely dismissed without a trial once the defendant pays a small fine, and avoids further arrests (stays out of trouble) until the fine is fully paid. And since there is no conviction, the defendant is free to pursue a record seal as soon as the case ends. Pleading down to trespass: Because trespass is such a low-level offense, criminal defense attorneys frequently try to get more serious charges reduced to trespass as part of a plea bargain. For example, the D.A. may agree to change a prostitution charge to trespass. By pleading to trespass, the defendant avoids trial and escapes the social stigma of having a prostitution conviction show up on the defendant's criminal record.

Question 3

What are common defense strategies?

Accepted Answer

The most effective way to fight NRS 207.200 allegations turns on the unique circumstances of the case. Four common defenses to Nevada trespass charges include showing that: 1) The defendant had the right to be on the property; 2) The defendant was on the property with the owner's consent; 3) There was insufficient warning against trespassing; or 4) The defendant was exercising Constitutional rights. Note that it is generally not a defense that the defendant had no intention to break the law.The defendant had the right to be on the property: People who have the right to be on another's property are not committing trespass unless someone with a greater right to the property orders them to leave. Example: Vikash and Troy get into a bar fight at the Venetian. Troy yells at Vikash to leave, but Vikash insists on staying. Troy performs a citizen's arrest on Vikash for trespass and calls the police. When the police arrive, they decline to arrest Vikash for trespass. Troy possesses no authority over who is allowed on the Venetian's property. Consequently, Vikash's right to be at the Venetian 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 person generally needs prior consent of the owner or occupant before the person can legally be there as a guest.The defendant had consent to be on the property: Trespass charges should not stand if the owner or occupant of the premises consented to the defendant being there. So if someone is invited to a party or event, the guest may stay until the owner or occupant requests that the person leave. Example: UNLV sends 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 police to arrest her for trespass because the event is meant only for 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 is no written or audio record of it. So defense attorneys would try to find other evidence such as eyewitnesses.3.3. There was insufficient warning against trespassing: Nevada landowners are required to give others sufficient notice that they are not allowed on their property. Trespass charges may be dismissed if the landowner fails to adhere to these guidelines. Nevada recognizes any of the following four methods as sufficient warning against trespassing:1) Fencing. This can include a wall, hedge, or chain link or wire mesh fence. But not barbed wire.2) No trespass signs. They must mark each corner of the land's boundary. And they must be close enough so that a person at one sign can see another. And never more than 500 feet apart.3) Farmland. Cultivated land (with crops) is the same as a no trespass sign.4) Fluorescent orange paint: No less than 50 square inches of a structure or natural object or the top 12 inches of a post (whether made of wood, metal or other material). And the paintings must be close enough together so a person at one paining can see another. And never more than 1,000 feet apart. Paint must also mark each corner of the land's boundary. There must also be paint on each side of all gates, cattle guards and openings that are designed to allow human ingress to the area.Therefore, it may be possible to have trespass charges dismissed if the evidence shows that the fencing or signs were unfinished, in disrepair, or if a reasonable person would not realize the fence's or sign's purpose.The defendant was exercising Constitutional rights: In some cases, the strongest defense to NRS 207.200 charges is the right to free speech under the First Amendment of the United States Constitution. However, free speech factors in only when the property at issue is a public forum such as a street or sidewalk: Example: Lee and Leah are on a public sidewalk. They are outside a Green Valley abortion clinic. They are waving pro-life signs. Then Leah goes inside the abortion clinic. Leah refuses to leave when employees there ask her to. So the police come. They arrest both Lee and Leah for trespass. The D.A. may drop the trespass charges against Lee. Protesting in public areas is free speech. But Leah's protest encroached on private space. And then she refused to leave. So her trespass charge may stand. Whenever someone exercises free speech and assembly in a public area, constitutional defenses may serve as an effective strategy for fighting trespass charges.

Question 4

What if the defendant lives out of town?

Accepted Answer

Trespass is a minor Nevada offense. In most cases, defendants do not have to appear in court. But only if they hire an attorney to appear for them. Missing court - or not hiring counsel to appear - is a crime. The judge will issue a bench warrant for no-shows. Therefore, out-of-state defendants should get a local attorney. People with outstanding bench warrants risk arrest during traffic stops. (However, police rarely extradite misdemeanor defendants to Nevada.)

Question 5

Can the record be sealed?

Accepted Answer

Trespass convictions are sealable in Nevada. But there is a one-year wait after the case ends. Meanwhile, trespass dismissals are sealable right away. Violating NRS 207.200 may be just a misdemeanor. But it still looks bad on background checks. And employers may pass over applicants because of it. Learn more about sealing criminal records in Nevada.

Question 6

What are the immigration consequences?

Accepted Answer

An NRS 207.200 violation is not deportable. So non-citizens with trespass convictions should not face deportation. (Unless they are undocumented. The U.S. can deport illegal aliens for any reason.) But immigration law is constantly changing. Any immigrant facing criminal charges should seek legal counsel. The attorney may be able to get the charge dismissed. Or reduced to a non-deportable offense.

Question 7

How long has trespass been a crime?

Accepted Answer

Going onto or remaining on another's property without consent has been illegal since Nevada became a state in 1864. However, many early trespass cases involved mining claims instead of casinos. Recent changes the Nevada Legislature made to NRS 207.200 are: In 2005, AB 190 affirmed that peering (NRS 200.603) can potentially carry stiffer sentences than trespass. In 2007, AB 80 redefined what constitutes adequate 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. In 2019, SB 221 further redefined what constitutes adequate fencing and posting to give the public sufficient notice that they are trespassing.

Question 8

What are offenses related to trespass?

Accepted Answer

Burglary: Burglary (NRS 205.060) is entering any structure or vehicle with the intent to commit a theft, battery or a felony inside. Burglary is a category B felony, carrying one (1) to ten (10) years in Nevada State Prison, and up to $10,000 in fines (at the judge's discretion). The prison sentence becomes two (2)  to fifteen (15) years if the defendant had a deadly weapon. Also note that trespass is not a lesser-included offense of burglary. This means that a burglary conviction does not automatically mean a trespass occurred.Home invasion: Home invasion (NRS 205.067) 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, carrying up to ten (10) years in prison, and up to $10,000 in fines (at the judge's discretion).Unlawful reentry: Unlawful reentry (NRS 205.082) occurs when people reenter property they previously occupied without the owner's permission. People typically face unlawful reentry charges when they go onto property that they had been evicted from. Unlawful reentry is a gross misdemeanor, carrying: up to 364 days in jail, and/or up to $2,000 in fines.Loitering: Loitering (NRS 207.270) occurs when a person hangs out near a school or public place where children normally congregate if the person has no legitimate reason to be there. Loitering is a misdemeanor, carrying up to 6 months in jail, and/or up to $1,000 in fines.

1) La definición legal de La Intrusión Ilícita Criminal en Nevada (NRS 207.200)

Definición de La Intrusión Ilícita Criminal

La Intrusión Ilícita Criminal en los casinos

Intrusión Ilícita Criminal por negarse a irse

Guía de las leyes de Nevada sobre “Trespass” Intrusión Ilícita Criminal (NRS 207.200) Explicadas por los Abogados de Defensa Criminal de Las Vegas

1) La definición legal de La Intrusión Ilícita Criminal en Nevada (NRS 207.200)

Definición de La Intrusión Ilícita Criminal

La Intrusión Ilícita Criminal en los casinos

Intrusión Ilícita Criminal por negarse a irse