Trespassing in Nevada (NRS 207.200) 2025 Update

NRS 207.200

In Nevada, you commit trespass if you enter someone else’s property intending to annoy the owner or commit an unlawful act, or you go onto or remain on property after a prior warning within the last 24 months not to trespass. It’s a misdemeanor punishable by up to 6 months in jail and/or $1,000 in fines.

What counts as “trespassing” in plain English

Trespass covers two common scenarios:

  • Entry with bad intent: You go onto another person’s land/building to vex/annoy the owner or to commit an unlawful act.
  • Entry or remaining after a warning: You go onto or stay on property after being warned within the previous 24 months by the owner or occupant not to trespass.

How do warnings work? Nevada law recognizes several ways owners/occupants can give a valid warning, including “No Trespassing” signs posted at proper intervals, fencing, cultivation, fluorescent-orange paint markings, or an oral or written demand to leave. If the property is properly posted or fenced and you’re found there without lawful business, that is prima facie evidence of trespass.

Real-world examples (Las Vegas–focused)

  • Casino “86” return: Security issues you a trespass warning at a Strip casino after a dispute. If you return within 24 months, you can be charged even if you’re not causing a disturbance at that moment.
  • Retail ban after shoplifting incident: A store manager gives you a written “do not return” notice. Coming back within the next two years—even to browse—can support a trespass case.
  • Apartment pool after notice: HOA posts compliant “No Trespassing” signs and emails prior notice closing the pool. Jumping the gate at night can satisfy the warning/notice element.
  • Short-term rental dispute: You’re asked in writing by the lawful occupant to leave an Airbnb at checkout. Refusing to go after a clear demand can be charged as trespass.

Penalties

Trespass is a misdemeanor: up to 6 months in the county jail, up to $1,000 in fines, or both. Courts may order community service in lieu of some or all jail time. Actual outcomes vary by facts, history, and court.

How trespass differs from burglary

Trespass is about being where you’re not allowed (or returning after a warning). Burglary requires entering or remaining with intent to commit larceny, assault/battery, or any felony—a separate felony offense with far harsher penalties. Prosecutors sometimes file burglary when they believe there was criminal intent on entry (e.g., to steal).

What prosecutors must prove

To convict you of trespass, the State generally needs evidence that you:

  1. Entered or remained on another’s property; and
  2. Either had unlawful/annoying intent at entry, or had been warned within the last 24 months not to trespass; and
  3. Did not have consent or lawful purpose to be there.

Common defenses we explore

  • Consent / license to enter: You had permission (explicit or implied) or the property was open to the public at that time.
  • No valid warning: No prior warning, or the notice/signage was non-compliant with the statute (e.g., improper intervals, corners not posted).
  • Mistake of fact: Honest, reasonable belief you were allowed (e.g., a friend/host invited you).
  • Insufficient intent evidence: For “intent to annoy/unlawful act” cases, the State can’t prove your purpose at entry.
  • Suppression issues: Evidence stems from an unlawful detention or search.

Evidence that can help

  • Photos/video of signs, fencing, gates, and entry points (to evaluate statutory compliance). But, don’t go back to the property to take these photos.
  • Texts, emails, DMs, receipts, or wristbands showing permission or a legitimate purpose.
  • Incident reports or body-cam (notice actually given? person authorized to give it?).
  • Witness statements about what was said (or not said) and whether you promptly tried to leave.

What to expect in the case process

  • Arraignment: We enter a not guilty plea on your behalf and request discovery. We can possibly negotiate an early offer that would result in the dismissal of charges.
  • Negotiations: Many first-offense trespass cases resolve without jail, depending on facts and record (no attorney can ethically guarantee this but it is very common for first offenses).
  • Motions: Where appropriate, we litigate notice compliance, authority to issue the warning, and suppression issues.
  • Trial: If needed, the State must prove each element beyond a reasonable doubt.

Frequently Asked Questions

Does a posted sign really count?

Yes—signs at compliant intervals, proper fencing, certain paint markings, or cultivated land can serve as notice under the statute.

If a business is “open to the public,” can they make me leave?

Yes. Businesses generally grant an implied license to enter, but it’s revocable. If they lawfully warn you to leave or not return, staying or coming back can support a trespass charge.

I was calm and cooperative—why am I still charged?

Trespass doesn’t require disorderly conduct. It turns on notice/permission and, in some cases, intent at entry.

Talk to a Nevada trespass defense lawyer

Every case is different. Get legal advice specific to your situation.

  • You went onto the land or into a building of another with intent to vex/annoy the owner/occupant or to commit an unlawful act;
  • OR you willfully went or remained on the property after being warned within the prior 24 months by the owner or occupant not to trespass.

Situation / CountPenalty
Trespass (NRS 207.200): Misdemeanorup to 6 months in jail and/or up to $1,000 in fines (court may also order costs/conditions). Depending on the circumstances, these conditions can include a ban on entering the Las Vegas Strip or a ban on going to the specific properties involved if it occurred at a casino. For example, all MGM properties. Note: Casinos, hotels, stores, and private residences can issue verbal or written “ban” warnings; returning within 24 months can satisfy the warning element for a new trespass. Always confirm the notice facts.
If intent on entry was to commit theft, assault, or any felony:prosecutors may charge burglary under NRS 205.060, a felony with significantly higher penalties.

Generally, we would appear on your behalf at the initial appearance and request discovery. If you have limited or no criminal history, we can generally negotiate with the prosecutor to dismiss the charges upon completion of certain requirements that depend on the circumstances of the case. For example, if you were too intoxicated to understand what was happening, we can ask that you take an alcohol awareness class and then dismiss the charges after it is complete. There are a lot of different circumstances that can lead to a trespass charge and we would tailor the negotiation to the specific circumstances of your case if we're able to.

Does a “No Trespassing” sign count as a warning?

Proper written/posted notice or a prior verbal/written warning from the owner/occupant can satisfy the statute. The specifics (placement, clarity, prior contact) matter and are fact-driven.

Can casino security “86” me and have me arrested if I return?

Yes. A prior trespass warning from the property can satisfy the “warned within 24 months” element; coming back may support a new charge. The defense often turns on whether valid notice was given and by whom.

What’s the difference between trespass and burglary?

Trespass covers entering/staying without consent (or after warning). Burglary requires entering with intent to commit larceny, battery, or any felony—punished as a felony. Prosecutors sometimes file both, depending on intent evidence.

Do I have a defense if the property was open to the public?

Possibly. Stores, casinos, and parks generally grant an implied license to enter during open hours—unless you’ve been individually banned or your conduct exceeds that license.

What if I honestly thought I had permission?

Consent/mistake of fact can defeat the knowing/willful elements. Texts, DMs, receipts, or prior invitations can help. One common example is when you've been trespassed from a casino, but your casino host (if you're a high roller or big spender) invites you to come stay at the property.

Will I go to jail on a first offense?

It really depends, Las Vegas Metro does everything they can to try to get you to leave the property without incident. Usually, it is only people who are drunk and don't understand that they need to leave or repeat offenders who are arrested.

Are there other circumstances where I might be charged with trespass?

In very specific instances, I've represented people who sell their "intimate time" with others for money. When they do not get caught specifically offering those services, they are often arrested for trespass as a stop gap.

Quick Facts

Level: Misdemeanor
Court: Justice Court, Municipal Court

Key Statutes

NRS 207.200 Trespass