Trespassing and Tourist Arrests in Las Vegas, Nevada
Trespassing Charge in Nevada
Trespassing normally results in a citation. Only in rare circumstances does it result in an arrest.
But, if you have been arrested for trespassing in Las Vegas, call our office at 702-432-1000 immediately to discuss your case.
Initial consultation is always free.
In Nevada, the rules and laws regarding trespassing are outlined in NRS 207.203 – 207.210.
What is Trespassing?
NRS 207.200 clearly states that a trespassing is when a person “willfully goes or remains upon any land or in any building after having been warned by the owner or occupant …not to trespass.”
In simple words, trespassing can be defined as an unlawful intrusion that interferes with someone's person or property.
Where Trespassing Arrests Happen in Las Vegas?
Most trespassing arrests in Las Vegas happen on gaming floors in casinos and usually connected to prostitution or solicitation of prostitution charges. In Las Vegas, casinos and hotels keep records of previous trespassers and solicitors of prostitution. These records are used to arrest and trespass previously trespassed individuals. The Nevada Revised Statutes 207.203 states, “It is unlawful to trespass upon a licensed gaming establishment by person previously convicted of prostitution or solicitation for prostitution.”
Tourism and Trespassing Arrests
Tourist arrests for trespass usually take place when an individual is having too much to drink and acting unruly, or starts breaking or removing trespassing signs, often so they could bring them home as souvenirs. NRS 207.210 covers “Destruction of signs or notices forbidding trespass.”
Tourists also get arrested for ignoring “Do Not Enter” or trespassing signs in Las Vegas hotels, casino or any other private property.
Trespassing and Video Surveillance / Trespassing Monitoring
The areas with No Trespassing signs are heavily monitored by security cameras, especially in hotels, casinos, and shopping malls. Even so the person may have thought that, since there are no guards around, they could ignore the sign, their actions are recoded on camera and will be used in court as video evidence of the trespass.
Is Trespassing a Criminal Charge?
Yes. Trespassing is a criminal charge in Nevada. It is often called a “criminal trespass” and can even lead to a person’s arrest. For example, if somebody asks you to leave their property and you refuse, you can get arrested and charged with trespassing.
Misdemeanor or Felony?
Trespassing is a misdemeanor in the state of Nevada.
What Are the Penalties for Trespassing?
If charged with trespassing, a person can spend up to 6 months in jail, pay a fine up to $1,000 and require to perform community service. However, as a practical matter, judges very rarely impose the maximum penalties.
Can You Shoot Somebody for Trespassing?
In general, in Nevada it is not legal to shoot someone because a strange person simply wanders onto your property, even if there is a sign “No Trespassing.” The rule with using force or shooting someone is - you cannot use force upon another person unless you are acting in self-defense of yourself or others. This means you can use only equal force to combat the perpetrators force.
What is criminal trespassing 2nd degree or 3rd degree?
Nevada doesn’t have different penalties for being arrested for trespassing 2nd or 3rd times. It is the same misdemeanor penalty.
When a Hotel Asks You to Leave the Premises
Many people ask, “I was staying in the hotel, got very drunk and the hotel asked me to leave the premises. I still have a room in that hotel and need to pick up my stuff. If I walk in, can they arrest me for trespassing?”
The answer is, yes. The best way to handle it, is to politely ask a security guard to escort you to your room, so you can gather your belongings. If security guard refuses to do, you need to seek help of an attorney.
Gaming: Escorted for Questionable Gaming Practice
Another popular question is, "I was escorted from the casino for what they called a "questionable gaming practice." If I go back, will I get arrested?
Yes, you will be arrested.
Should I Enter a Plea?
Our advice is - consult a good criminal defense attorney before you decide to enter a plea for a trespassing charge. We invite you to call us at 702-432-1000 to discuss your case. If you can avoid any type of conviction, even a trespass, it is better than having a criminal charge on your record. This charge will come up during a background check and may become a serious obstacle when you decide to apply for a job or need to rent an apartment or apply for a mortgage.
Trespassing seems to be such a small charge, but it is still a criminal charge and if you are a foreign national arrested for trespassing in Las Vegas, you need to hire an attorney to represent you. If you didn’t have any previous convictions in the United States, we may be able to waive your presence for the hearing.
Convicted for Trespassing?
If you got convicted for trespassing, the right way to handle it is to seal your criminal record. This way when you apply for a job, you can put on your application that you have no prior convictions.
Our office provides record sealing services.
We Can Help
Because you were charged with a crime, it doesn’t mean you will be convicted. Often the quality of legal representation makes all the difference.
Our office handles trespassing charges all the time.
Very Important. If you are a Las Vegas tourist or visitor arrested for trespassing and you don’t have any previous convictions, a criminal defense attorney can often waive your appearance in front of a judge and you don’t have to fly back to Las Vegas.
Each case is different and in legal field the concept of “one size fits all” doesn’t exist.
Call us at 702-432-1000 with any questions you may have or to discuss your case.
Initial consultation is always free and confidential.
Payment plans are available.
Our office is in downtown Las Vegas at 515 S. 7th Street Las Vegas NV 89101.
Walk-ins are welcome.
The law firm of Heshmati & Associates represent clients in the Las Vegas and the State of Nevada.
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