Trespassing and Tourist Arrests in Las Vegas, Nevada

Trespassing charge in Nevada

Typically, trespassing 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.

The initial consultation is always free.

Nevada laws

In Nevada, NRS 207.203 – 207.210 outlines the rules and regulations regarding trespassing.

What is trespassing?

NRS 207.200 clearly states that 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, an unlawful intrusion that interferes with someone's person or property can be called trespassing.

Where do trespassing arrests happen?

Most trespassing arrests in Las Vegas happen on gaming floors in casinos and are 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 the person previously convicted of prostitution or solicitation for prostitution."

Tourism and trespassing arrests

Tourist arrests for trespass usually occur when an individual has too much to drink and acts 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, casinos, 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 recorded on camera and will be used in court as video evidence of the trespass.

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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 of 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 wanders onto your property, even if there is a sign "No Trespassing." The rule with using force or shoot someone is - you cannot use force upon another person unless you are acting in self-defense of yourself or others. It means you can use only equal force to combat the perpetrator's 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 that you can gather your belongings. If the security guard refuses to do, you need to seek the help of an attorney.

Gaming: Escorted for questionable gaming practice

Another question people ask, "Security escorted me 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. If you can avoid a conviction, any conviction for that matter, even a trespass, it is better than having a criminal charge on your record. This trespass conviction 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.

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When foreigners arrested

Trespassing seems to be such a small charge, but 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 might be able to waive your presence for the hearing.

Are you convicted of 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 the 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.

The initial consultation is always free and confidential.

Payment plans are available.

Walk-ins are welcome.

The law firm of Heshmati & Associates represents clients in Las Vegas and the state of Nevada.

Last updated on February 3, 2024.

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