A person commits criminal trespass when they enter an individual’s property or remain there after being told to leave by the owner. Whether they enter the property or remain there, they do not have the property owner’s permission. Without the owner’s consent means the person did not get permission from the owner to be on their property or remain there after getting permission.
How Can One Be Found Guilty of Criminal Trespass in Nevada?
The state has three definitions of trespass. Nevada defines criminal trespass as entering the land of another:
- With the intent to annoy or vex the property owner. To vex the owner is to irritate, irk, or upset the owner with the person’s presence on their land.
- With the intent to commit an unlawful act once on the property. The unlawful act is a minor offense such as doing illegal drugs or prostitution.
- After being warned against entering the property.
What Does It Mean to 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 to not trespass. In Nevada, a landowner can provide warning against trespassing by:
- Painting objects spaced at most 1000 feet from one another and all gates with bright orange paint if the property is used for agriculture
- Fencing the property
- Making an oral or written warning to any guest to vacate the property
Are Burglary and Trespass the Same Crime in Nevada?
No, the crimes have two major differences. First, burglary is a felony and trespass is a misdemeanor. The other difference is burglary is the unlawful breaking and entering into a property of another person with the intent to commit a crime therein. Trespass is only entering onto or staying on someone’s property without having to break into the property or with the intent to commit a crime once inside.
What Punishment Will I Face If Convicted of Trespass?
In Nevada, trespassing is a misdemeanor punishable by:
- Six months in jail
- $1,000 fine
- Fine and jail time
Can an Attorney Help Me?
If you are accused of trespassing, contact a Nevada attorney immediately. An attorney can assist you with fighting your trespass charge.