Unlawfully Trespassing Upon Another Person’s Land

NRS 207.200 – Overview of the Penalties Associated with Unlawfully Trespassing Upon Another Person’s Land

Under Nevada law, specifically NRS 207.200, it is a crime to trespass upon another person’s land. Trespass is a common crime and codified in all states. This Nevada trespass statute however is geared largely towards trespassing upon land used for agriculture or ranching, though it does extend to all types of land as well.

In Nevada it is a crime to trespass to go upon the land of another person with the intent to:

• Vex the owner
• Annoy the Owner
• Commit an unlawful act, and
• Willfully go or remain on any land after having been properly warned by the owner

There are several key provisions of this statute. First, if the land is fenced in, that is considered warning enough and anyone found on the land without having any business with the owner is considered a prima facie trespasser, meaning that the person is trespassing simply by being on the land. It is much easier to bring a prima facie case than a traditional case where the fact that the person is a trespasser must be proven by the state of Nevada. Secondly, if the land is used for agricultural or ranching purposes and is not fenced in, the land owner is required to paint bright orange markings throughout their land to warn individuals not to trespass on the land. Alternatively, the landowners can give a verbal warning to any trespassers at which point the trespasser must immediately leave the land.

Defenses to an unlawful trespass upon land charge under NRS 207.200

If you or a loved one have been charged with this crime in Nevada it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against a charge or unlawful trespass upon land:

• The statute requires landowners, if the land is not fenced in, to provide bold, distinct markings on buildings and other regular intervals to warn a potential trespasser that they are not allowed on the land. If the landowner does not mark their land in accordance with the statute, it is an insufficient warning to passers-by, and can result in a person trespassing without intending to do so. If the landowner does not mark their land in accordance with the statute a charge for trespassing will not stand.
• It is a defense to an unlawful trespass upon land charge that the alleged trespasser had permission from the landowner. The trespasser may have gotten permission from the spouse of the landowner or someone else they believed to have authority to grant access to the land. In that case an unlawful trespass upon land charge will not stand.

Potential Penalty for Committing unlawful trespass upon land under NRS 270.200

The crime of unlawful trespass upon land is a misdemeanor crime. As such, if convicted, a person can face:

• Up $1000 fine
• Up to Six (6) months in a county jail
• Both