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Trespass Not Amounting to Burglary

Definition and Knowledge from Our Las Vegas Criminal Defense Lawyer

In Nevada, a person is guilty of the misdemeanor crime of trespass if he or she enters or remains on private property after being told to leave and not return. A person is also guilty of trespass if he or she goes onto private property with the intention of bothering or annoying the occupant or if he or she goes onto the property with the intent to commit any unlawful act.

According to NRS 207.200, this includes:

  • Told to leave
  • Vex or annoy
  • Intent to commit any unlawful act

If the person went onto the property with the intent of committing an unlawful act that was either the misdemeanor offense of petit larceny or any gross misdemeanor or felony, then that person would be guilty of the felony offense of Burglary instead of Trespass.

If the unlawful act was any misdemeanor offense other than petit larceny, then that person would be guilty of trespass. This is why the charge of trespass is frequently referred to as “Trespass not amounting to burglary” in both the jail records and the court records.


  • Person had permission to be on the property
  • Trespass signs weren’t visible
  • First amendment rights on government land
  • Person was legally entitled to be on the property (legally allowed to trespass onto private land in order to recover stolen property example)
  • Person was not officially trespassed by being read the trespass warning card


Trespass is a misdemeanor offense and is punishable by up to six months in jail and/or a fine of as much as $1,000.00.

Civil Trespass Bans

In the case of casino trespass cases, in addition to the potential criminal case, there is also the possibility that the person will be put on a list of persons who are not allowed to be on the casino property. This list is housed or managed by the hotel or casino's security. Some casinos even have facial recognition software. The ban applies not only to the specific casino where the incident occurred but also to any other properties that are owned by the casino’s corporate office.

For direct access to attorney after an arrest, contact Jennifer Ferris at Ferris Law at (702) 710-8882.

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  • Case dismissed Charged with Battery with Use of a Deadly Weapon Resulting in Substantial Bodily Harm