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WHAT IS TRESPASSING IN NEVADA?
Trespassing in Nevada is knowingly entering or remaining on the property of another person without permission or after being told to leave. It covers both residential and commercial property.
WHAT THE PROSECUTION MUST PROVE
To convict you of Trespassing in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant entered or remained on property belonging to another person
The defendant did so without permission
OR the defendant remained after being told to leave by the owner or authorized person
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR TRESPASSING IN NEVADA
Trespassing
Misdemeanor. Up to 6 months in jail and/or up to $1,000 fine.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending trespassing charges
Trespassing charges in Las Vegas often arise from casino banning situations. Casinos have the right to ban individuals from their property, and returning after being banned is trespassing.
Permission is a complete defense. If you had the owner's consent to be on the property — even implied consent — you are not trespassing.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO TRESPASSING
Every case is unique, but these are the defenses most commonly raised in trespassing cases in Nevada:
Permission — express or implied consent to be on the property
No notice that entry was prohibited
Public property — no trespass possible
Necessity — emergency required entry