Yes. “Breaking and entering” is not an element to the Nevada crime of burglary.
Nevada law defines burglary as the entry into any home, business, structure, vehicle, plane, or railcar, with the intent to do any of the following acts inside:
- commit a felony;
- commit assault or battery;
- commit larceny; or
- obtain money or property by false pretenses (only in residential burglary cases)
The key element to burglary in Nevada is that the suspect has to intend to commit a crime while entering the building or vehicle. If the suspect does not form a criminal intent until after he/she is inside, then it is not burglary. It does not matter whether the suspect walked in through an open door or broke in…as long as he/she had intended to commit a crime inside, he/she can be convicted of burglary.
|Residence||Category B felony:|
The judge may grant probation and a suspended sentence if:
|Business||Category C felony:|
|Other structure||Category D felony:|
Probation and a suspended sentence, which may include up to 1 year in jail. If the defendant has two or more prior felony convictions, the judge may impose 1 to 4 years in prison and up to $5,000 in fines (at the judge’s discretion).
2nd and subsequent offense
Category D felony:
|*Burglary is always a category B felony if the defendant had a firearm or other deadly weapon at any time during the commission of the crime or before leaving the structure or motor vehicle. The penalties include 2 to 15 years in prison and up to $10,000 in fines (at the judge’s discretion).|
Read more on the Nevada crime of burglary.