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What Is Criminal Trespass in Nevada?
According to § 207.200 Nevada Revised Statutes, any individual who goes into another person's property without permission or refuses to leave after the property owner or legal occupant tells them to do so commits criminal trespassing. Trespassing may occur if:
- An intruder refuses to leave a property after the owner or occupant tells them to do so
- A non-owner enters land with the intent to annoy, vandalize, or interfere with someone’s lawful use of the property.
In Nevada, the law does not require an individual to have intent or commit additional crimes to violate the trespassing law; being in a property without permission, ignoring warnings, or refusing to leave when asked to do so by the owner or legal occupant is a crime.
Criminal trespassing in Nevada may be classified as either a minor or a gross misdemeanor, depending on factors such as whether the property is residential, commercial, or government-owned.
How to Look Up Public Criminal Trespass Records in Nevada
Individuals seeking access to criminal trespassing records have official sources to look up or request these documents. Conviction records, including those on trespassing offenses, are court documents.
In Nevada, trespass cases are handled by the Municipal and County Courts. These courts may have online search portals where interested individuals may access these documents. For instance, the Las Vegas Township Justice Court Records Injury and the Washoe County Justice Courts Case Search Portal. Alternatively, mail or visit the clerk's office of the county-level court that handled the specific trespass case.
If the trespass case makes it to the higher courts through appeals, search for the record through the Nevada Judiciary’s Appellate Case Management System. Accessing trespass case records in Nevada depends on their accessibility. Information seekers should note that juvenile and sealed trespass records are not publicly disclosable.
Types of Criminal Trespass Offenses
In Nevada, criminal trespassing ranges from minor to gross misdemeanors to felonies. The category of a trespass offense in Nevada depends on the location of the incident and whether there is intent to commit a crime.
Minor misdemeanor trespassing - This category of criminal trespassing is the most common form of the offense in Nevada. Typically, a trespass offense is classified as a minor misdemeanor if there is no intent to steal, damage, or cause harm. In most cases, if a minor misdemeanor trespassing is a first-time offense, the court may resolve it through fines, community service, or a plea deal.
Gross misdemeanor trespassing - A trespass offense becomes a gross misdemeanor when it involves restricted or protected property, is a repeat offense, or involves public safety. For instance:
- Trespassing on public utility property
- Second or subsequent trespass offenses within a short period
- Entering an airport ground or railroad without authorization.
The penalties for gross misdemeanor trespassing in Nevada are more severe than those for minor misdemeanor trespassing and include prison terms and significant fines.
Felony misdemeanor trespassing - Similar to the gross misdemeanor version, felony trespassing involves criminal intent or an additional serious offense. These types of crimes carry more severe penalties than minor and gross misdemeanor trespassing offenses. Beyond their immediate penalties, a conviction for felony trespassing in Nevada may have long-term consequences.
Penalties for Criminal Trespass in Nevada
The penalties for criminal trespassing in Nevada depend on the location of the offense, the presence or absence of criminal intent, and aggravating factors, such as injuries, property damage, repeat violations, and risk to public safety. A minor misdemeanor trespassing in Nevada may result in imprisonment of up to 6 months, in addition to fines of up to $1,000.00.
However, factors such as intent, previous warnings, and aggressive behavior may enhance a trespassing charge and elevate the sentencing range to up to 10 years imprisonment, plus fines of up to $10,000.00. The table outlines the possible penalties for criminal trespassing in Nevada.
| Scenerio | Criminal Classification | Potential Penalty | Notes |
|---|---|---|---|
| Entering a vacant lot after being told not to | Misdemeanor | Up to 6 months imprisonment, in addition to a potential fine of $1,000.00 | For a common first-time trespassing offense |
| Trespassing onto a property at night with burglary tools | Felony | 1 year to 10 years imprisonment, plus fines of up to $10,000.00 | The court considers this as an intent to commit robbery |
| Trespassing onto private property bearing arms | Felony | 1 year to 6 years in prison, with higher fines | Weapon presence enhances the offense to higher charges and elevates the penalties |
| Refuses to leave a commercial premise after a warning | Misdemeanor | Up to 6 months imprisonment, in addition to fines of up to $1,000.00 | — |
| Reenters a casino after being formally banned | Misdemeanor (with possible enhancement) | Up to 6 months in prison, plus fines of up to $1,000.00 | May result in a more extended probation period. |
Can You Be Arrested for Criminal Trespass in Nevada?
Yes, criminal trespassing in Nevada may result in arrest. Section 207.200 of the Nevada Revised Statutes classifies trespassing as a criminal misdemeanor, carrying potential prison terms and fines. Nevada law requires law enforcement officers to arrest individuals who enter or remain on another person's property without permission. Arrests may become necessary if:
- Surveillance footage shows an authorized person on a property
- Witness statements identify trespassers
- An individual ignores previous written or verbal warnings from the property owner.
The police do need to issue a citation or warning; an intentional violation of the trespassing law may result in an immediate arrest and booking into a local jail or police holding facility.
How Criminal Trespass Differs from Burglary or Breaking and Entering in Nevada
Trespassing, breaking & entering, and burglary have similar formats; they all involve unlawful entry into other people's properties. However, they are distinct crimes with varying legal implications under Nevada's laws.
Criminal Trespassing
A person commits criminal trespassing by being in someone else's property without permission or after receiving a warning from the property owner or its legal occupant. Nevada law does not require a trespasser to have criminal intent; an individual commits a crime by entering property without the owner's permission or by remaining on it, even after being warned to leave. In Nevada, trespassing is a misdemeanor crime if there is no intent to commit a crime. A conviction for trespassing in Nevada may result in imprisonment of up to 6 months, plus fines that may range up to $1,000.00
Burglary (Breaking & entering)
Nevada does not consider breaking as a stand-alone crime; it falls under burglary (if there is criminal intent) or trespassing (if there is no intent to commit further crimes). Burglary goes beyond being on a property without permission; it involves intent to commit additional crimes while on the property. Chapter 205.060 of the Nevada Revised Statutes classifies burglary as a felony offense.
Burglary in Nevada is a more serious offense than trespassing, and its penalties are more severe. A burglary conviction in Nevada may result in up to 10 years' imprisonment, in addition to fines of up to $10,000.00.
| Offense | Definition | Intent | Classification | Potential Penalties |
|---|---|---|---|---|
| Trespassing | Entering or remaining on the property without permission | No intent | Misdemeanor | Up to 6 months jail, and a potential $1,000.00 fine |
| Burglary | Entering a structure intending to commit theft or another crime | Intent to commit further crimes | Class B felony | 1 to 10 years imprisonment, and up to $10,000.00 fine. |
Can a Criminal Trespass Charge Be Dismissed or Reduced in Nevada?
Yes, judges and prosecutors possess the authority to dismiss or reduce Nevada trespassing charges. Nevada treats trespassing as a low-level crime; as such, courts and prosecutors often consider alternative sanctions instead of imposing a conviction and a permanent criminal record. By exercising discretion, the court may dismiss trespass charges, or defendants may negotiate plea agreements with prosecutors, pleading guilty in exchange for a lighter sentence or probation if:
- The offense is a first-time violation.
- The crime did not involve property damage, theft, or violence
- The offender lacked criminal intent and cooperated with the police
- The individual has no prior criminal conviction.
In Nevada, trespassers may qualify for diversion programs and deferred adjudication. These allow them to avoid prison terms and the associated criminal records if they complete community service or attend education or counseling sessions. Furthermore, Nevada permits individuals to seal the trespass records one year after they complete the sentences for the crimes.
Will a Nevada Criminal Trespass Charge Stay on Your Record?
Yes, a trespass conviction in Nevada may remain a permanent part of the offender's criminal record. Nevada classifies trespassing as a misdemeanor, and a conviction creates a criminal record.
In Nevada, criminal records remain publicly accessible through background checks and public court records until a court orders them to be sealed. Public access to these records may severely impact their owners. For instance, a criminal record restricts job opportunities, and convicts may lose some civil rights while in prison. However, under Chapter 179, Section 245 of the Nevada Revised Statutes, individuals with conviction records for trespassing may petition the relevant court to seal these records one year after they complete the sentence for their crimes. Once a court seals a Nevada criminal record, it is no longer accessible to the public.
Expungement or Record Sealing Options in Nevada
Expungement of criminal records refers to the legal destruction of these documents. After expunction, the document is no longer visible to the public, and the owner may legally claim that it never existed. However, Nevada does not permit a complete expungement of criminal records. Instead, the state allows sealing of these documents, which achieves the same purpose as expungement in other jurisdictions.
According to Chapter 179, Section 245 of the Nevada Revised Statutes, individuals whose arrests for trespassing did not result in criminal convictions may immediately petition for the sealing of their records. For trespass conviction records, their owners may petition the courts after one year to seal their records once they complete probation, diversion (or deferred adjudication) programs, or the sentences for their crimes.
Sealing a criminal record in Nevada removes the information from public access. However, the information remains accessible to specific law enforcement or court officials under limited circumstances.