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Burglary

Burglary under NRS 205.060 is unlawfully entering, or unlawfully remaining in, a building, structure, or vehicle with the intent to commit a crime inside. The crime is complete the moment of that unlawful entry or remaining with the intent. Nothing has to actually happen inside. The penalty depends on what you entered: a residence is a Category B felony with up to 10 years, a business is Category C, and any other structure is Category D. Vehicle burglary is a Category E felony typically handled with probation.

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NRS 205.060Nevada · Category E Felony (vehicle) to Category B Felony (residence or weapon)

Burglary

NRS 205.060 defines burglary as unlawfully entering, or unlawfully remaining in, a building, structure, or vehicle with the intent to commit larceny, assault, battery, or any felony inside. The crime is complete upon that unlawful entry or remaining with the required intent. Since July 1, 2020, walking into the public area of an open store is probably not burglary on the statute's text, though no Nevada appellate decision has construed the change yet. Nothing needs to happen inside, and no forced entry is required. Penalties are tiered by what was entered: residence (Category B, 1 to 10 years), business (Category C, 1 to 5 years), other structure (Category D, 1 to 4 years), vehicle (Category E for a first offense, Category D for a second or later). Burglary while possessing or gaining a firearm or deadly weapon is a Category B felony, 2 to 15 years.

Residence
Category B Felony: 1 to 10 years (probation possible)
Business / other structure
Category C Felony: 1 to 5 years / Category D Felony: 1 to 4 years
Vehicle
Category E Felony (first offense); Category D Felony (second or later)
Firearm or deadly weapon
Category B Felony: 2 to 15 years, fine up to $10,000
Key statutory language (abridged)

NRS 205.060: unlawfully entering or unlawfully remaining in any house, room, apartment, tenement, shop, warehouse, store, building, vehicle, or other structure with intent to commit larceny, assault, battery, or any felony. Unlawfully means the person was not licensed or privileged to enter or remain (effective July 1, 2020). Entering the public area of a store during business hours is probably not burglary unless…

Read NRS 205.060 on the Nevada Legislature siteTheftGrand larceny
How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified. The details of your case will differ.

BurglaryEntry with intent: what the prosecution has to prove
Residential burglary
Unlawfully entering a home with the intent to steal, assault someone, or commit any felony inside is the most serious form, a Category B felony. The prosecution has to show the defendant entered or remained without permission and had criminal intent at that time. Evidence of that intent comes from prior statements, circumstantial evidence about the circumstances of entry, items found on the defendant, and what happened inside.
Business burglary
Unlawfully entering or remaining in a store, office, or commercial property with intent to commit larceny, robbery, assault, or any felony is a Category C felony. Since July 1, 2020, the entry or remaining has to be unlawful. Walking into the public area of an open store is probably not burglary on the statute's text, even with a plan to steal, unless the person goes into an area closed to the public, has been banned or trespassed from the store, gets in under false pretenses, or stays after permission ends. No Nevada appellate decision has construed the change yet.
Vehicle burglary
Entering a car, truck, or other vehicle with intent to commit a crime inside is a Category E felony for a first offense and a Category D felony for a second or later offense. A first offense is the least serious tier and is typically handled with probation rather than prison. It's commonly charged when someone breaks into or enters a parked vehicle to steal items inside.
Changing your mind after entry
Someone who unlawfully enters a building with criminal intent has committed burglary even if they change their mind and leave without doing anything. The crime is complete at the moment of unlawful entry with the requisite intent. Getting spooked, leaving empty-handed, or deciding not to go through with it doesn't undo the completed offense.
How to read this
These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.
Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

BurglaryWhere the defense focuses
No criminal intent at the time of entry
Burglary requires that the criminal intent existed before or at the moment of entry. A person who entered a location for a legitimate reason and only formed a criminal intent after being inside did not commit burglary. In many burglary cases, the central factual issue is whether intent was formed before entry or after.
Lawful reason for being there
A defendant who was lawfully present (a customer in the public area during business hours, someone with permission to be on the property, a person who had a prior relationship with the owner) can argue the entry was not unlawful at all, which the statute has required since July 1, 2020. A legitimate reason for being there also challenges the prosecution's inference of criminal intent. Lack of forced entry supports this by establishing the defendant had as much right to enter as anyone else.
Mistaken identity
Burglary investigations often rely on surveillance footage, fingerprints, or eyewitness accounts. When the identification of the defendant as the person who entered is uncertain, that uncertainty is a complete defense to the charge regardless of whether a burglary occurred.
The intended crime isn't covered
Burglary under NRS 205.060 requires intent to commit larceny, assault, battery, or a felony. Entering with intent to commit a misdemeanor other than assault or battery, or intent to do something not criminally prohibited at all, may not satisfy the statute. Whether the intended conduct actually falls within the covered offenses is a legal question worth examining.
How to use this
These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.
Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

BurglaryPenalty depends on what was entered
Burglary of a residence
Category B felony
1 to 10 years in Nevada state prison. Probation is available under certain circumstances.
Burglary of a business
Category C felony
1 to 5 years in Nevada state prison.
Burglary of any other structure
Category D felony
1 to 4 years in Nevada state prison.
Burglary of a motor vehicle
Category E felony (first offense); Category D (second or later)
Typically handled with probation rather than prison time in most first-offense cases.
Burglary with a firearm or deadly weapon
Category B felony
Any burglary committed while possessing or gaining a firearm or deadly weapon: 2 to 15 years and a fine up to $10,000 (NRS 205.060).
Additional charges often stacked
Theft, robbery, assault, battery
Burglary is almost always charged alongside the underlying offense: the theft, robbery, or assault the defendant allegedly intended. Each charge carries its own sentencing exposure.
Important
Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

When intent was formed

The timing of criminal intent is what separates burglary from a lesser offense. Under Nevada law, the intent to commit the crime inside must exist at the moment of entry. If someone entered a location for an innocent reason and only later decided to steal something or assault someone, they are not guilty of burglary. They may be guilty of theft or battery, but not burglary.

This distinction drives the sentence. The same underlying conduct, getting into a business and then stealing something, can be burglary or theft depending on how the person got in and when the decision to steal was made. Burglary of a business is a Category C felony. Petit larceny is a misdemeanor. The difference is 1 to 5 years versus a fine.

Proving when intent was formed is difficult for the prosecution. Intent is a mental state that has to be inferred from circumstantial evidence. Challenging that inference, by establishing an innocent explanation for the entry and arguing that criminal intent arose only afterward, can reduce a felony burglary charge to the underlying misdemeanor or lesser felony.

No forced entry is required, and that cuts both ways

Nevada's burglary statute doesn't require breaking and entering, forced entry, or any form of physical intrusion. Since July 1, 2020, though, it does require that the entry or remaining be unlawful, meaning the person was not licensed or privileged to be there. Walking through the unlocked door of a home you have no right to enter can satisfy that element without any force.

The 2020 change matters most in shoplifting cases. On the statute's text, walking into the public area of an open store is not an unlawful entry, even with a plan to steal, so it is probably not burglary. That changes if the person goes into an employees-only area, has been banned or trespassed from the store, gets in under false pretenses, or stays after permission ends. No Nevada appellate decision has construed the change yet, so how the charge was framed is worth examining closely.

But the absence of forced entry also helps the defense. When there's no sign of forced entry, no broken lock, and no physical evidence of unauthorized access, the defendant has a more plausible innocent explanation for their presence. It undermines the prosecution's ability to establish criminal intent through the manner of entry, which is often a large part of their circumstantial case.

What to do if you've been charged

Don't give a statement to law enforcement about why you were at the location. Any explanation you offer will be used to establish what your intent was at the time of entry, which is exactly what the prosecution needs to prove. Innocent-sounding explanations can inadvertently establish the timeline or facts the prosecution needs.

Preserve any evidence that documents your legitimate reason for being at the location: receipts, texts, prior relationship with the property owner, routine patterns of presence. In cases where the defense is that entry was lawful and criminal intent only arose afterward, that documentation is the foundation of the case.

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BURGLARY
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Burglary questions

What people ask first.

Page last updated . Written by Michael Mee, Nevada Bar No. 13726.

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