NRS § 205.0813 – Housebreaking – Nevada Law & Penalties

Nevada Revised Statute § 205.0813 makes it a crime to commit housebreaking, which is entering a vacant or uninhabited dwelling for the purpose of unlawful residency. You can be convicted even if you do not end up squatting there.

A first housebreaking offense in Nevada is a gross misdemeanor, carrying up to 364 days in jail and/or $2,000 in fines. Any successive convictions are category D felonies punished by one to four years in state prison and up to $5,000 in fines.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding housebreaking:

• 1. Elements of NRS 205.0813
• 2. Probation
• 3. Defenses
• 4. Record Seals
• 5. Related Offenses
• Frequently-Asked-Questions
• Additional Resources

Housebreaking is often charged along with “unlawful occupancy” (also called “squatting”).

1. Elements of NRS 205.0813

For you to be convicted of housebreaking in Nevada, prosecutors must prove beyond a reasonable doubt the following four elements:

1. You forcibly entered a dwelling, and
2. The dwelling was uninhabited or vacant, and
3. You knew (or had reason to believe) that you did not have permission to enter from the owner or an authorized representative, and
4. You intended to take up residence or provide a residency to another.¹

A dwelling is any structure (or part thereof) that is designed or intended for occupancy as a residence or sleeping place.² Examples include houses, houseboats, motor homes, guest houses, hotel rooms, and dormitories.

Housebreaking charges do not apply to entering inhabited dwellings.

2. Probation

If you are convicted of housebreaking in Nevada, the judge may grant you probation and a suspended sentence in lieu of incarceration. The only exception is if it is your fourth or subsequent NRS 205.0813 conviction: In that case, the judge must impose one to four years of state prison.³

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with squatting-related crimes such as housebreaking. In our experience, the following five defenses have proven very effective with Nevada prosecutors, judges, and juries at getting NRS 205.0813 cases reduced or dismissed.

1. The building was not a dwelling. For example, the structure was an office building or a parking lot.
2. You did not forcibly enter the dwelling. Perhaps the door was wide open, and you simply walked in.
3. You had – or reasonably thought you had – permission to enter. Typical evidence we rely on includes recorded communications from the owner such as texts, emails, or voicemails.
4. You did not intend to take up residence or provide residence to another. This defense is most effective if you entered the dwelling without any luggage or other personal belongings.
5. You were the victim of mistaken identification. In these cases, we often rely on video surveillance and Ring camera footage to show that you were not at the scene.

Entering a dwelling without forcible entry can be prosecuted as trespassing.

4. Record Seals

Gross misdemeanor housebreaking convictions can be sealed from your Nevada criminal record two years after the case ends. For felony convictions, the waiting period is five years.

Though if your NRS 205.0813 case gets dismissed, you can petition for a record seal immediately.⁴

The record seal process itself can take several months, so you are advised to pursue it as soon as you are eligible.

5. Related Offenses