Nevada Revised Statutes § 205.0813 makes it a crime to commit housebreaking, which is entering a vacant or uninhabited dwelling for the purpose of unlawful residency. You can be convicted even if you do not end up squatting there.
A first housebreaking offense in Nevada is a gross misdemeanor, carrying up to 364 days in jail and/or $2,000 in fines. Any successive convictions are category D felonies punished by one to four years in state prison and up to $5,000 in fines.
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding housebreaking:
- 1. Elements of NRS 205.0813
- 2. Probation
- 3. Defenses
- 4. Record Seals
- 5. Related Offenses
- Frequently-Asked-Questions
- Additional Resources
1. Elements of NRS 205.0813
For you to be convicted of housebreaking in Nevada, prosecutors must prove beyond a reasonable doubt the following four elements:
- You forcibly entered a dwelling, and
- The dwelling was uninhabited or vacant, and
- You knew (or had reason to believe) that you did not have permission to enter from the owner or an authorized representative, and
- You intended to take up residence or provide a residency to another.1
A dwelling is any structure (or part thereof) that is designed or intended for occupancy as a residence or sleeping place.2 Examples include houses, houseboats, motor homes, guest houses, hotel rooms, and dormitories.
2. Probation
If you are convicted of housebreaking in Nevada, the judge may grant you probation and a suspended sentence in lieu of incarceration. The only exception is if it is your fourth or subsequent NRS 205.0813 conviction: In that case, the judge must impose one to four years of state prison.3
3. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with squatting-related crimes such as housebreaking. In our experience, the following five defenses have proven very effective in getting NRS 205.0813 cases reduced or dismissed before Nevada prosecutors, judges, and juries.
- The building was not a dwelling. For example, the structure was an office building or a parking lot.
- You did not forcibly enter the dwelling. Perhaps the door was wide open, and you simply walked in.
- You had – or reasonably thought you had – permission to enter. Typical evidence we rely on includes recorded communications from the owner such as texts, emails, or voicemails.
- You did not intend to take up residence or provide residence to another. This defense is most effective if you entered the dwelling without any luggage or other personal belongings.
- You were the victim of mistaken identification. In these cases, we often rely on video surveillance and Ring camera footage to show that you were not at the scene.
4. Record Seals
Gross misdemeanor housebreaking convictions can be sealed from your Nevada criminal record two years after the case ends. For felony convictions, the waiting period is five years.
Though if your NRS 205.0813 case gets dismissed, you can petition for a record seal immediately.4
The record seal process itself can take several months, so you are advised to pursue it as soon as you are eligible.
5. Related Offenses
- Unlawful Occupancy/”Squatting” (NRS 205.0817) – Occupying a vacant dwelling without permission from the owner.
- Unlawful Reentry (NRS 205.082) – Entering a dwelling after you have already been prohibited from being there, such as through an eviction.
- Home Invasion (NRS 205.067) – Forcibly entering an inhabited dwelling without permission from the lawful occupant or owner, even if you did not intend to reside there.
- Burglary (NRS 205.060) – Entering a building or vehicle with the intent to commit larceny, assault, battery, or any felony once inside.
- Trespass (NRS 207.200) – Going on property without permission of the owner, or remaining on property after having been asked to leave.
Frequently-Asked-Questions
What’s the difference between housebreaking and home invasion?
Housebreaking involves forcibly entering a vacant or uninhabited dwelling to take up residence (squatting), while home invasion involves forcibly entering an inhabited dwelling without permission, regardless of intent to squat.
What are the penalties for a first-time housebreaking offense in Nevada?
A first-time housebreaking offense is a gross misdemeanor punishable by up to 364 days in jail and/or a fine of up to $2,000.
What are the main defenses against a housebreaking charge?
Common defenses include: the building was not a dwelling, there was no forcible entry, you had or reasonably believed you had permission to enter, you did not intend to take up residence, or you were misidentified.
Additional Resources
If you are experiencing homelessness in Nevada, refer to the following for help.
- Salvation Army of Southern Nevada – Offers shelters and case management.
- Nevada Homeless Alliance – Connects individuals to shelters, employment support, legal aid, healthcare, and basic care services.
- Help Home Hope – Helps people find shelters, food, healthcare and other services.
- Help of Southern Nevada – Helps people find housing and training.
- U.S. Dept. of Housing and Urban Development (HUD) – Provides links to homelessness resources in Nevada, including HUD offices.
Legal References
- NRS 205.0813 – Housebreaking; penalty.
1. A person who forcibly enters an uninhabited or vacant dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking.
2. A person is presumed to know that an entry described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:
(a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and
(b) Includes the current address and telephone number of the owner or his or her authorized representative.
3. A person convicted of housebreaking is guilty of:
(a) For a first offense, a gross misdemeanor; and
(b) For a second and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
4. A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking must not be released on probation or granted a suspension of sentence.
5. As used in this section, “forcibly enters” means an entry involving:
(a) Any act of physical force resulting in damage to the structure; or
(b) The changing or manipulation of a lock to gain access.
See, for example, Townsend v. State (Nev. Court of Appeals, 2018) No. 74020 (unpublished). Hiller v. State (Eighth Judicial District Court of Nevada, Clark County, 2022) CASE NO. A-21-843379-W (unpublished). - NRS 205.081.
- See note 1.
- NRS 179.245. NRS 179.255.
