Changes to Nevada Burglary Laws Effective July 1, 2020
Last June, a criminal justice bill passed in the Nevada legislature, as reported by the Nevada Current. Among the changes that AB236 effects are changes to Nevada’s burglary law that will become effective July 1, 2020. These changes include, among other things, a revised definition of the crime of burglary and a revised classification system for the crime.
Revised Definition of Burglary
Under the existing burglary law, which is effective through June 30, 2020, burglary is defined as entry into any of the following 20 places with the intention of committing grand or petit larceny, assault or battery, any felony, or to obtain money or property by false pretenses:
- any house
- Room
- Apartment
- Tenement
- Shop
- Warehouse
- Store
- Mill
- Barn
- Stable
- outhouse or other building
- Tent
- Vessel
- Vehicle
- vehicle trailer
- semitrailer or house trailer
- Airplane
- Glider
- boat
- railroad car
The new law, effective July 1, 2020, streamlines the definition of burglary, dividing the crimes into four categories:
- residential burglary
- burglary of a business
- burglary of a motor vehicle
- burglary of a structure
Residential burglary is unlawfully entering or remaining in a dwelling with the intention of committing grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses is guilty of residential burglary.
Burglary of a business is unlawfully entering or remaining in business structure with the intention of committing grand or petit larceny, assault or battery on any person or any felony
Burglary of a motor vehicle is unlawfully entering or remaining in a motor vehicle with the intention of committing grand or petit larceny, assault or battery on any person or any felony
Burglary of a structure is unlawfully entering or remaining in any place other than a dwelling, business structure or motor vehicle with the intention of committing grand or petit larceny, assault or battery on any person or any felony.
Revised Classification of Crime of Burglary
Under the existing burglary law, effective through June 30, 2020, burglary is a category B felony, punishable by a prison term of from one to ten years, and a file of up to $10,000.
Under the new law, effective July 1, 2020, the four categories of the crime of burglary are classified in different felony categories:
- residential burglary is category B felony punishable by a prison term of from one to ten years
- burglary of a business a category C felony
- burglary of a structure a category D felony
- burglary of a motor vehicle is a category E felony for the first offense, and a category D felony for a second or subsequent offense
The existing burglary law also provides that an individual convicted of burglary who previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling cannot be released on probation or granted a suspension of sentence.
Under the new law, effective July 1, 2020, a person who is convicted of residential burglary may be released on probation and granted a suspension of sentence if mitigating circumstances exist and if the person has not previously been convicted of residential burglary or another crime involving the unlawful entry or invasion of a dwelling.
If you would like to know more about changes to the Nevada burglary law, or if you or someone you know has been arrested and charged with burglary, contact an experienced Las Vegas criminal defense lawyer at Lobo Law.
Resources:
leg.state.nv.us/nrs/nrs-205.html#NRS205Sec060
nevadacurrent.com/2019/06/04/criminal-justice-bill-watered-down-but-still-significant-advocates-say/
https://www.lvcriminallawfirm.com/mitigating-the-spread-of-covid-19-in-nevadas-jails-and-prisons/
