As the crime of trespass is defined in the state of Nevada, it is illegal for any person to go onto the land of another person with the intent to vex or annoy the property owner. It is also a violation of law for a person to willfully remain on property after having been given notice of the need to depart. Trespass requires proof of an element of intent, because the offender must want either to offend or injure the peace of the lawful occupant, or they must refuse to leave the property after the owner tells them to leave.
It is important to note that Nevada also has a law against civil trespassing. This law defines the civil wrong, or tort, of trespass differently than does the criminal statute. Per the civil trespass law in Nevada, a trespasser is a person who enters or remains on any land owned, leased, or occupied by another person without the other person’s express or implied consent. Notice that the civil wrong does not require that the perpetrator have the intent to vex or annoy the property owner as does the criminal law.
Nevada civil trespass law provides a legal remedy for a property owner who has experienced trespassing on their property. When someone enters a person’s property without their consent, the property owner may file a civil lawsuit to enforce their rights.
Nevada civil trespass law allows a property owner to recover nominal damages, compensatory damages, and even punitive damages if the perpetrator commits trespass with “rudeness, recklessness, aggravation, or gross negligence.”
Nominal damages are damages awarded in a case in which the defendant clearly committed the civil wrong, but did not cause any real financial harm. Nominal damages usually only amount to one or two dollars, because the victim who has been wronged has not suffered any economic damage for which they can be compensated.
In addition, the law in Nevada imposes no duty on a property owner to exercise reasonable care to prevent conditions on their property that could be dangerous to trespassers. Many states do impose such a duty on landowners. On the contrary, in Nevada, if a person commits civil trespass, they may be civilly liable for damages to the property owner.
Again, in Nevada, as in most states, trespassing is both a civil and criminal offense. So a person who trespasses on the property of another may be charged for criminal trespass and sued for civil trespass also. Local prosecutors decide whether to charge a perpetrator with a crime. However, the landowner, or other person who legally occupies the land, may bring a civil lawsuit regardless of whether or not there are criminal charges.
As noted above, trespassing may be both a civil and criminal offense, but the elements of each are somewhat different. Also, of course, the burden of proof in a civil case is by a preponderance of the evidence, whereas the burden in a criminal case is beyond a reasonable doubt.
What Are the Elements of Civil Trespass in Nevada?
The Nevada elements of civil trespass are:
- A person enters onto property that belongs to another person;
- The entry is intentional; it is not accidental;
- The trespass causes damage;
- The damage results in economic loss to the victim.
The victim has to prove each of the elements of civil trespass by a preponderance of the evidence in order to prevail in a trial. The victim also has to prove that damage was done and the economic cost of that damage.
How Can One Be Found Guilty of Criminal Trespass in Nevada?
As noted above, trespassing may be both a civil and criminal offense, but the elements of each are somewhat different. Also, of course, the burden of proof in a civil case is proof by a preponderance of the evidence, whereas the burden of proof in a criminal case is proof beyond a reasonable doubt. In both civil and criminal cases, each element of the civil wrong or the criminal offense must be proven.
What Other Definition of Trespass Is There in Nevada?
There is one additional crime of trespassing in the state of Nevada. It is defined as entering onto the land of another person after being warned not to enter. These trespassing incidents take place mostly in public places such as Las Vegas casinos. Reportedly these cases are common in Nevada. They usually happen when a security guard asks a guest to leave after the guest has become intoxicated or behaves in a rowdy manner after an incident. The guest then refuses to leave. At this point, the guest can be arrested or issued a citation for trespass.
Another common scenario happens when a guest has already been thrown out of a casino and then returns. Security may call the police to have the person removed. The police will remove the person and either help them on their way or issue them a citation for trespass. If the person is staying at the casino, the person should ask security to escort them to their room, so they can gather their belongings and move on.
A casino guest who is banned is usually banned for a period of time, so a guest who has been banned would want to be sure to find out what that period of time is in their situation. The length of a ban can last from 24 hours to a year depending on the reason for the ban.
Finally, most restraining orders or protection orders require one person to stay away from another person for a specified period of time and at a specified distance. This includes staying away from the person’s place of residence and their workplace.
Any person who violates a restraining order is guilty of trespassing and of violating the restraining order, which is a separate crime punishable by a term of imprisonment in jail.
What Is Trespass After Being Warned?
To trespass after being warned refers to a person choosing to trespass onto a piece of property after the owner has warned them not to do it. In Nevada, a landowner can warn others against trespassing by doing any of the following:
- Painting objects with a distance of 1000 feet between each one, as well as all gates, along the property’s boundary with with bright orange paint, if the property is used for agriculture;
- Fencing the property completely;
- Orally or in writing warning a guest or other person on the property to vacate the property.
Are Burglary and Trespass the Same Crime in Nevada?
Burglary and trespass are not the same. There are two major differences between trespass and burglary. First, burglary is a felony and trespass is a misdemeanor. The other difference is that burglary is the unlawful breaking and entering into a property of another person with the intent to commit a crime on the property.
The crime of trespass is committed when the perpetrator enters onto or stays on someone’s property. The trespasser does not have to enter forcibly or “break” and enter to be guilty of the crime. So, burglary involves forcing open a locked door or breaking a window to enter. Trespass does not have to involve forced entry. In addition, a trespasser does not have to have the intent to commit a crime on the property when they enter.
What Is the Punishment for Criminal Trespass in Nevada?
In Nevada, trespassing is a misdemeanor criminal offense. Conviction of criminal trespass brings the following punishment:
- Six months in jail;
- A $1,000 fine;
- A fine and jail time.
Reportedly, judges rarely sentence a trespasser to jail for a first offense.
Are There Any Defenses to Criminal Trespass in Nevada?
There are four defenses to a charge of trespass in Nevada as follows:
- The defendant had the right to be on the property in question;
- The defendant had the consent of the landowner to be on the property;
- The landowner did not give sufficient notice in the form of signs, fences or verbal or written warnings to stay off the property; or
- The defendant was exercising First Amendment rights.
Can a Nevada Attorney Help Me with a Criminal Trespass Charge?
If you have been charged with criminal trespass, you should consult a Nevada criminal defense lawyer as soon as possible. Your lawyer can analyze your case and determine what defenses are available to you.
If you are the victim of a trespass that has caused damage to you or your property, or if you have been sued for a civil trespass, you need to consult a personal injury lawyer. If you are a victim of trespass, your attorney can analyze your situation and decide if filing a lawsuit makes economic sense. If you have been sued, your lawyer can identify any defenses that are available and hopefully negotiate a reasonable settlement for you.
