Though trespassing laws are broadly similar throughout the United States, each state still has its own variations on the basic concepts and its own penalties for violating these laws. What is a misdemeanor in one state could be a felony in another.
Though you might think you understand your property rights if you haven’t followed the letter of the law on posting your property then people might be able to walk on to it completely without consequence.
You’ll want to learn your state’s trespassing laws so that you may protect your own property and also avoid accidentally trespassing on the property of other people.
Today we’re looking at Nevada, and it isn’t great news when it comes to their statutes on trespassing.
There are a lot of them, they tend to be long and they are spread throughout the law books in a seemingly random fashion.
We will do our best to help make sense of Nevada’s trespassing laws in this article so you can generally know what is expected of its citizens.
Nevada Trespassing Law Overview
- Trespassing can be a misdemeanor or a felony depending on the type of property and the severity of the trespass.
- Nevada law generally requires fencing or signage to be placed around the perimeter of a property for maximum protection under the law.
- If dealing with a specific individual who has or may trespass, a verbal notification can serve as specific notice against trespassing.
What Constitutes Trespassing in Nevada?
In Nevada, trespass is generally described as entering or remaining in any building or other property with the intention of annoying or “vexing” the owner or occupants, or to commit any other crime, or else willfully going on any land or property or into any building after having been warned by the owner, owner’s agent or legal occupant not to trespass.
Doing any of the above is a misdemeanor. Read all about it in NRS 207.200.
Note that this section is quite lengthy, and we will be referring to subordinate paragraphs of this section in the statutes throughout this article, which will be indicated where appropriate:
NRS 207.200 – Unlawful trespass upon land; warning against trespassing.
1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:
(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or
(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,
is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.
…
Does Nevada Require “No Trespassing” Signs?
Nevada does not strictly require no trespassing signage for protecting a property against trespassers, but trespassing signage does serve as a sufficient warning to other people that trespassing is forbidden.
If you don’t have signage posted, you’ll need to protect the perimeter of your property with fencing or other suitable barricades, or else use orange paint marks of a specific type to notify for the same purpose.
Note that unlike some other states, Nevada has specific requirements on the placement and spacing of such signage. Again, you can read about this requirement in subsection 2 of NRS 207.200:
NRS 207.200 – Unlawful trespass upon land; warning against trespassing.
(…)
2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:
(…)
(b) Fencing the area;
(c) Posting “no trespassing” signs or other notice of like meaning at:
(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet; and
(2) Each corner of the land, upon or near the boundary;
(…)
5. As used in this section:
(…)
(b) “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.
…
Is Fencing Required to Protect Property?
Not strictly required, as with signage above, but it is an option for sufficient warning against trespassing on the protective property.
The Nevada state statutes further define what qualifies as fencing for the purposes of the law in the above subsection of 207.200.
What Other Marks Indicate “No Trespassing”?
Specific fluorescent orange paint markings are placed on posts or other natural objects on the property.
Nevada is among a few states that use what are commonly called “purple paint” laws for posting property against trespassing.
As you might have guessed already, Nevada requires orange paint, not purple paint, but the intention is the same.
And just like other states with these laws Nevada has highly specific requirements about the type of paint, the size of the markings, where the markings must be positioned on an object, and how widely spaced these markings must be for the law to apply.
Once again we turn to section 207.200. Pay close attention if you are going to use paint markings to post your property:
NRS 207.200 – Unlawful trespass upon land; warning against trespassing.
…
2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:
(a) Painting with fluorescent orange paint:
(1) Not less than 50 square inches of a structure or natural object or the top 12 inches of a post, whether made of wood, metal or other material, at:
(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and
(II) Each corner of the land, upon or near the boundary; and
(2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
…
Can Solicitors Ignore “No Trespassing” Signs?
Technically no, but they usually will in urban and suburban areas. Note that solicitors can never cross a locked gate or fence, so keep that in mind.
Nevada does not have a particularly sterling history of prosecuting solicitors that violate posted no trespassing signage so long as they are not remaining on the property after being told to depart by what is surely an annoyed owner.
Can Trespassing Result in Arrest in Nevada?
Yes, it certainly can. Trespassing can be a misdemeanor or a felony depending on how it occurs and where in Nevada.
Though many citizens might profess that trespassing is hardly worthy of qualifying as a crime, it is in reality a crime that can result in a significant fine and even jail time.
This is not something you should take lightly, both for the sake of your property and also whenever you are out and about traveling or adventuring so that you do not accidentally stray on the property of someone else who might have a real bone to pick with you over it.
Can You Take Someone to Court for Trespassing?
Yes. And you’ll certainly have grounds for a case if damage occurs to your property or if it is done in flagrant violation of properly placed signs, paint markings, or after a trespasser has crossed or defeated a fence or other barricade.
Also, keep in mind that someone who has trespassed for the purposes of stalking or harassing you might well be guilty of other and significantly more serious charges.
If you are in such a situation, make sure you discuss it ahead of time with your family attorney.
Special Instances of Trespassing in Nevada
Nevada has several statutes covering special instances of trespassing, namely, as you might expect, trespassing on the grounds of a casino or gaming hall.
However, the one that is likely to be most relevant to us is NRS 206.140 which is trespass on grounds while being a nuisance and a building or disturbing an assembly.
Check it out for yourself below:
NRS 206.140 – Nuisance in building; trespass upon grounds; disturbing assembly
Every person who:
1. Commits any nuisance in any building, public or private;
2. Commits any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the building; or
3. In any manner interferes with or disturbs those peaceably assembled within the building, shall be guilty of a public offense proportionate to the value of any property damaged or destroyed, but in no event less than a misdemeanor.
via Modern Survival Online https://ift.tt/ST9U1KW
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