A trespassing matter in Nevada may be both a criminal and civil matter. If you’re the victim of trespassing, you can use both Nevada criminal law and Nevada civil law to protect your rights and claim fair compensation. The Las Vegas injury lawyers at Adam S. Kutner, Attorney at Law, explain Nevada law 207.200, Nevada law 41.515, and Nevada’s common law trespassing laws.

Nevada-No-Trespassing-Sign

Nevada Revised Statutes 207.200; NRS 207.200

Nevada Revised Statutes 207.200 is Nevada’s criminal trespassing law.[1] Under Nevada law 207.200, it is illegal for anyone to go onto the land of another person with the intent to vex or annoy the property owner. It is also unlawful for a person to willfully remain on property after having been given a notice to depart the property. The law is titled Unlawful Trespass on Land. Nevada law 207.200 makes it a misdemeanor to commit trespassing in the State of Nevada.

Nevada Revised Statutes 41.515; NRS 41.515

Nevada Revised Statutes 41.515 is the Nevada civil trespassing law.[2] Nevada law 41.515 defines a trespasser as 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.

In addition, Nevada Revised Statutes 41.515 clarifies that a property owner has no duty to a trespasser or liability for failure to exercise reasonable care to prevent dangerous conditions for trespassers. If a person commits civil trespass, they may be civilly liable for damages to the property owner.

What Is Trespassing in Nevada?

Trespassing in Nevada is entering onto someone’s property with an intent to vex or annoy the owner or refusing to depart after having been given a lawful order to depart. Trespassing requires an element of intent because the offender must either want 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. Trespassing in Nevada is both a criminal and civil law violation that protects the right of a property owner to solely use and enjoy their property.

Is Trespassing a Civil or Criminal Offense?

Trespassing is both a civil and criminal offense. A person who is accused of trespassing may face both civil allegations and criminal charges. The state decides whether to charge the offender with a crime. However, the landowner or lawful occupant may bring a civil claim regardless of whether or not there are criminal charges. While trespassing may be both a civil and criminal offense, the requirement to prove each one is slightly different.

Nevada Civil Trespass

Nevada civil trespass laws provide a legal remedy for a property owner when a trespass occurs. When trespass occurs, the property owner may bring a civil claim to enforce their rights. Nevada civil trespass laws allow for nominal damages, compensatory damages, and even punitive damages if the offender commits trespass with rudeness, recklessness, aggravation, or gross negligence.

Nevada Elements of Civil Trespass

The Nevada elements of civil trespass are:

  • A person invades the property of another
  • The invasion is intentional; it doesn’t happen accidentally
  • It causes the damages that result
  • The victim suffers damages or harm

Even if there are no monetary damages that result from the trespass, the property owner may claim nominal damages. Nominal damages provide a remedy for a legal wrong even when there are no specific damages. The Nevada elements of civil trespass are what the victim has to prove to win a civil claim for trespass.

Legal Duties to a Trespasser in Nevada

In general, a property owner has no legal duty for the safety of a trespasser. A property owner does not have to take steps to prevent or remedy dangerous conditions that may injure a trespasser. However, a property owner is liable for willful and wanton harm to a trespasser. They are also liable if they discover a trespasser and then fail to take reasonable steps to prevent harm.

Can I Press Charges for Trespassing?

Yes, you can press charges for trespassing. There are two ways to press charges for trespassing. First, you can call the police and ask them to bring criminal charges against the offender. The police evaluate whether the person violated criminal law.

If the state files charges, the state also handles the prosecution. In addition to criminal charges, you also have the choice to pursue civil trespassing charges. You can press civil charges for trespassing on your own with the help of a civil attorney.

Nevada Revised Statutes 207.203; Casino Trespassing Charge

Nevada Revised Statutes 207.203 is the Nevada casino trespassing charge.[3] Nevada law 207.203 states that a person with three prior prostitution convictions within the last five years may not trespass on the grounds of any gaming establishment.

It is a misdemeanor for any person to commit casino trespassing. A person who violates Nevada Revised Statutes 207.203 may also face general trespassing laws depending on the circumstances of the case.

Nevada Trespass Warning

A Nevada trespass warning may take several forms. Under Nevada law 207.200, Nevada law allows a few different ways to provide a no trespassing notice. Nevada law 207.200 states the ways that a property owner may post notice.

Depending on whether the land is agricultural or not, a person may post a warning in fluorescent orange every 1,000 feet or 200 feet. In addition, fencing that creates a sufficient barrier to indicate the intent to exclude can also count as an adequate warning. Finally, an oral or written demand to stay off the property is also sufficient as a Nevada trespass warning.

Nevada Injury Lawyers

Our Nevada trespass attorneys can help you if you’re the victim of trespass. If you believe that you are the victim of trespass, you have rights. You may bring a civil action to demand compensation and enforce your right to exclusive use of the property. Contact us today for a free and confidential consultation about your trespassing case.

Sources

[1] NRS 207.200

[2] NRS 41.515

[3] NRS 207.203

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 28 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.