NRS 205.067 – Nevada “Home Invasion” Laws

The Las Vegas Nevada crime of invasion of the home is when someone forcibly enters a dwelling without permission of the lawful occupant or owner. It makes no difference whether there are people physically present in the dwelling at the time of the alleged intrusion. Unlike the Nevada crime of burglary, home invasion requires that the defendant “break and enter.”

Penalties

Home invasion is prosecuted as a category B felony in Nevada. The sentence includes:

• 1 – 10 years in Nevada State Prison, and
• up to $10,000 in fines (at the judge’s discretion)

But if the defendant possessed a firearm or deadly weapon at any point during the alleged invasion, the punishment is increased to:

• 2 – 15 years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

Depending on the case, it may be possible to plea bargain an invasion of the home charge down to trespass or a full dismissal.

Defenses

Possible defenses to NRS 205.067 (the home invasion statute) are:

1. The defendant had permission to enter,
2. The defendant did not forcibly enter the premises,
3. The structure was not a dwelling

If the prosecution cannot prove beyond a reasonable doubt that the defendant is guilty, the case may be thrown out.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. What is the legal definition of home invasion in Las Vegas?
• 2. Can I go to jail?
• 3. How do I fight the charges?
• 4. Can I seal the case?
• 5. Can I get deported?
• 6. Las Vegas home invasion statistics
• 7. Related offenses

1. What is the legal definition of home invasion in Las Vegas?

The Nevada crime of invasion of the home has three elements:

1. The defendant forcibly enters the structure;
2. The structure is a dwelling;
3. The defendant has no permission from the homeowner or lawful occupant to enter the premises.¹

A “dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car, including, without limitation, any part thereof that is divided into a separately occupied unit in which any person lives or which is customarily used by a person for overnight accommodations, regardless of whether the person is inside at the time of the offense.

Note that the residents do not need to be present in order for an intrusion to qualify as an invasion of the home. Henderson criminal defense attorney Michael Becker provides an example:

Example: Greg decides to play a prank on his friend Marvin. Greg uses a crowbar to force open a window to Marvin’s North Las Vegas house while Marvin is away at work. Then Greg plants a stink bomb and leaves. Greg repairs the window before he goes. A neighbor sees Greg breaking in and calls the police, who arrest Greg for home invasion.

Even though Greg repaired the window, Greg could be convicted of home invasion in Nevada because:

• The house was a dwelling because Marvin lived there,
• Greg forcibly entered the house by breaking the window, and
• Greg had no permission from Marvin to enter the home

Note that breaking into a business or an abandoned property does not qualify as a home invasion because those properties are not “dwellings.”²

1.1. Home Invasion vs. Burglary

Home invasion and burglary are separate crimes in Nevada with completely different definitions and penalties:

The Nevada crime of burglary is the entry into a home, business, or structure with the intent to commit inside either a felony, larceny, assault or battery, or obtaining money by false pretenses (only in residential burglary).

Unlike invasion of the home, burglary may occur in any building or vehicle whether it is a dwelling or not. Furthermore, someone may be convicted of burglary even if there was no forcible entry. Finally, people are not guilty of burglary unless they intended to commit a crime inside the structure when they entered it.³

1.2. Home Invasion vs. Robbery

Home invasion is also very different from the Nevada crime of robbery. Robbery is the unlawful taking of personal property from the person of another (or in their presence) against their will and by force or fear of injury.

Unlike invasion of the home, robbery requires that a victim be present and that something gets stolen. So if someone breaks into a home while no one is there and steals a stereo, that person may be guilty of home invasion but not robbery because no one was there. (Certainly, that person could also be prosecuted for larceny for taking the stereo.)⁴

2. Can I go to jail?

Invasion of the home is prosecuted as a category B felony in Nevada. The punishment includes:

• One to ten (1 – 10) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)⁵

But if the defendant possessed a gun or lethal weapon at any time during the alleged home invasion, the sentence is increased to:

• Two to fifteen (2 – 15) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)⁶

Note that a judge may not grant probation to a defendant convicted of invasion of the home in Nevada if that defendant has previously been convicted of home invasion or of burglary.⁷

Sexually-motivated home invasion also carries lifetime supervision under NRS 176.0931. But it may be possible to get off lifetime supervision after 10 years.

2.1. Plea bargains

Depending on the case, it may be possible to persuade the prosecutor to reduce an NRS 205.067 charge down to trespass. As only a misdemeanor, trespass carries:

• up to 6 months in jail, and/or
• up to $1,000 in fines⁸

3. How do I fight the charges?

NRS 205.067 is a very specific offense that applies in narrow circumstances. Therefore, it lends itself to very particular defenses such as:

1. The defendant had permission to enter,
2. There was no forcible entry, or
3. The structure was not a dwelling

Note that it is not a defense that nobody was present in the dwelling at the time of the alleged entry.

3.1. The defendant had permission to enter

A defendant is not liable for violating NRS 205.067 if he/she was authorized to enter the home by the owner or lawful occupant.

Example: Anna invites her neighbor Margaret to her Henderson home as a peace offering after quarreling about Anna’s barking dog. Once Margaret arrives however, she says she will not leave unless Anna promises to get rid of her dog. Anna says no, and Margaret refuses to leave her home. Anna calls the Henderson police officers, who arrest Margaret for trespass for refusing to leave Anna’s property.

Since Margaret had Anna’s permission to enter Anna’s home, the police do not have grounds to arrest Margaret for invasion of the home. It makes no difference that Margaret may have intended to stay on the premises when she entered Anna’s property.

3.2. There was no forcible entry

Home invasion charges require that the defendant break and enter. Entering a dwelling with no “act of physical force resulting in damage to the structure” does not qualify as an NRS 205.067 violation, even if the person enters without permission.

Example: Margaret is angry at her neighbor Anna because she lets her dog bark. So Margaret enters through Anna’s back door, which she keeps unlocked, and leaves a nasty letter on Anna’s fridge threatening her with legal action if she does not quiet her dog. When Anna later finds the note, she calls the police. The police then arrest Margaret for trespassing on Anna’s property and book her at the Clark County Detention Center.

Margaret could have faced invasion of the home charges if she broke into a locked door or broke into a locked window in order to enter Anna’s home. But since she did not forcibly enter her way into Anna’s home, Margaret should not be prosecuted under NRS 205.067.

3.3. The structure was not a dwelling

NRS 205.067 charges are applicable only to spaces where people live. Breaking into a storage unit or office building does not qualify as home invasion.

Example: Margaret wants to get back at her neighbor Anna for letting her dog bark. So Margaret breaks into Anna’s shed in the backyard and leaves a muzzle with a nasty note. Anna calls the police, who arrest Margaret for trespass and for malicious mischief for breaking into the shed.

Since the shed was not a dwelling, Margaret should not face charges for home invasion for forcibly entering the shed.

4. Can I seal the case?

A defendant should be eligible to get a Nevada home invasion conviction sealed once five (5) years pass after the case ends. But if the charges get lessened to a misdemeanor or dropped, a record seal should be available much earlier:

5. Can I be deported?

The law is currently unclear. But if the defendant had a firearm, the court is more likely to classify “invasion of the home” as an aggravated felony--a class of deportable offenses.¹¹

it is important that aliens facing criminal charges hire representation right away. An attorney can try to negotiate with prosecutors to change the charges to non-removable offenses. Learn more about the criminal defense of immigrants in Nevada.

6. Las Vegas home invasion statistics

Las Vegas sees about 18,402 property crimes each year, including an average of 10,646 burglaries and 5,459 violent home break-ins every year. For every 1,000 inhabitants, there is an average of 28.25 property crimes and 8.63 violent break-ins. And the average burglary rate is about 638.7 to 727.8 for a population of 100,000.

Las Vegas’s property crime rate exceeds the national average by 29%, and the overall crime rate exceeds the national average by 33%. One database puts Las Vegas’s crime index at a 12, signifying that Las Vegas is less safe than 88% of other cities.¹²

For the most current Las Vegas crime statistics, go to the Las Vegas Metropolitan Police Statistics site.

7. Related offenses

7.1. Nevada Squatting laws (NRS 205.0817)

The key element of the Nevada crime of unlawful occupancy (“squatting”) is the defendant has knowledge that he/she has no permission to take up residence. Even if the defendant had permission to enter, he/she can be arrested as a squatter if he/she then lives in the dwelling without permission.

Unlawful occupancy is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• a fine of up to $2,000.

7.2. Nevada Housebreaking laws (NRS 205.0813)

The Nevada crime of housebreaking has three elements:

1. The defendant forcibly enters an uninhabited or vacant dwelling, and
2. The defendant knows…or has reason to believe…that such entry is without the permission of the owner or an authorized representative, and
3. The defendant has the intent to take up residence (“squat”) or provide a residency to another

A first housebreaking offense is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• a fine of up to $2,000.

7.3. Nevada Unlawful Reentry laws (NRS 205.082)

Like it sounds, the Nevada crime of unlawful reentry is reentering real property the defendant has previously occupied without the permission of the lawful owner.

Unlawful reentry is a gross misdemeanor under Nevada law, carrying:

• up to 364 days in jail, and/or
• a fine of up to $2,000.

Contact our DUI and criminal law firm for legal advice. We offer free consultations on your criminal cases.

Have you a family member or loved one been arrested? Contact us today to discuss how we will fight to get your charges reduced or dismissed. We serve clients throughout the Las Vegas Valley and the state of Nevada.

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