Nevada NRS § 205.082 defines unlawful reentry as entering onto private property where you previously resided but were legally evicted or removed from without permission of the current occupant or owner.
Unlawful reentry is a gross misdemeanor, carrying
- up to 364 days in jail and/or
- up to $2,000.
The full text of the statute reads as follows:
NRS 205.082. 1. A person is guilty of unlawful reentry if:
(a) An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414; and
(b) Without the authority of the court or permission of the owner, the person reenters the property.2. A person convicted of unlawful reentry is guilty of a gross misdemeanor.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is unlawful reentry in Nevada?
- 2. What are the penalties under NRS 205.082?
- 3. How can I fight the charges?
- 4. How soon can the record be sealed?
- 5. Related offenses
1. What is unlawful reentry?
Unlawful reentry occurs when you reenter property that you had formerly squatted in or been evicted from.1
Example: Jack is lawfully evicted from his North Las Vegas house for failing to pay rent for several months. A week later, Jack reenters the property and takes shelter from the sun in the carport.
Here, Jack committed unlawful reentry because 1) his landlord lawfully repossessed the house through eviction proceedings; and 2) Jack went onto the land without the permission of the landlord or court.
Unlawful reentry is different from burglary in one key way: Unlawful reentry does not require that you intend to commit a crime while on the property.2
Unlawful reentry is a gross misdemeanor.
2. What are the penalties?
Unlawful reentry is a gross misdemeanor under Nevada law. Penalties include:
- up to 364 days in jail, and/or
- up to $2,000 in fines.
However, judges can grant probation instead of incarceration.3
3. How can I fight the charges?
NRS 205.082 became law only in 2015, and Nevada still has no case law on unlawful reentry. Therefore, our criminal defense lawyers can be very creative when crafting an effective defense.
Depending on the case, we may be able to argue that:
- The property owner did not lawfully repossess the property;
- You had permission from the property owner to go on the property;
- You never set foot on the property, and you are the victim of mistaken identity;
- Someone falsely accused you; or
- Law enforcement committed misconduct.
As long as we raise a reasonable doubt as to your guilt, criminal charges should not stand.
4. How soon can the record be sealed?
Unlawful reentry convictions are sealable two years after the case closes. However, if we can get the case dismissed, you can ask for a record seal right away.4
Learn more about Nevada record sealing.
NRS 205.082 violations are often charged along with housebreaking and unlawful occupancy.
5. Related offenses
5.1. Housebreaking
Housebreaking (NRS 205.0813) is forcibly entering an uninhabited dwelling without permission in order to squat there. A first-time housebreaking offense carries the same penalties as unlawful reentry.
5.2. Unlawful occupancy
Unlawful occupancy (NRS 205.0817) – also called “squatting” – is living in someone else’s vacant property without their permission. It is usually punished the same as unlawful reentry.
5.3. Trespass
Trespass (NRS 207.200) is either:
- going on someone’s property without their permission, or
- refusing to leave the property after they asked you to.
The most common trespass cases in Nevada involve intoxicated casino patrons refusing to leave the premises when asked by security.
Trespass is a misdemeanor carrying:
- up to 6 months in jail, and/or
- up to $1,000 in fines.
Legal References
- NRS 205.082.
- NRS 205.060. See, for example: Olivera v. State, 2016 (Nev. Ct. App. 2016) Nev. App. LEXIS 238; State v. Adams, (1978) 94 Nev. 503, 581 P.2d 868.
- See note 1.
- NRS 179.245. NRS 179.255.