NRS 207.030: Everything You Need to Know About Nevada’s Vagrancy Law
Earlier this year, a man was arrested for vagrancy and other crimes including intimidating an officer and resisting with a deadly weapon. The vagrant made threats to kill and eat a police officer after he was caught lying on the sidewalk. He was asked to move but instead chose to make violent threats against the officers. The incident caused the police officer to fire a taser at the vagrant in order to subdue him.
In Nevada, vagrancy is a crime that can be charged against anyone who appears to be homeless or without visible means of support. While the law is not frequently enforced, it can result in significant penalties, including jail time and fines as in the case above.
In this article, we will explore the basics of Nevada’s vagrancy law and discuss some of the potential implications for those who are accused of violating it.
What Does Vagrancy Mean
A vagrant is someone who is homeless or appears to be without visible means of support (jobless), wanders from place to place, and begs for money.
In legal terminology, vagrancy refers to the offense of persons who are without visible means of support or domicile while able to work. In other words, when individuals choose to stay unemployed and fail to provide for themselves and their dependents, they can be charged with vagrancy.
What Is NRS 207.030 and What Does It Cover
NRS 207.030 is the Nevada law that prohibits vagrancy and related activities, such as loitering, panhandling, or sleeping in public places. The law also encompasses certain types of behavior associated with theft and prostitution.
Under this law, it is a violation to:
- Offer or agree to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
- Offer or agree to engage in, engage in or aid and abet any act of prostitution;
- Be a pimp, panderer or procurer or live in or about houses of prostitution;
- Seek admission to a house upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
- Keep a place where lost or stolen property is concealed;
- Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act; or
- Lodge in any building, structure or place, whether public or private:
(1) Where a notice of default and election to sell has been recorded, unless the person is the owner, tenant or entitled to the possession or control thereof;
(2) Which has been placed on a registry of vacant, abandoned or foreclosed property by a local government, unless the person is the owner, tenant or entitled to the possession or control thereof; or
(3) Without the permission of the owner or person entitled to the possession or in control thereof.
What Are the Penalties for Violating Nevada’s Vagrancy Law
The penalties for violating NRS 207.030 vary depending on the offense and the number of violations in a given period.
All violations are considered a misdemeanor, which carries a penalty of up to 6 months in jail and/or up to $1,000 in fines.
The “minimum” penalty increases depending on the number of violations in a given period. For example, a second or subsequent violation within 3 years is punishable by a minimum of 30 days to 6 months and $250 to $1,000 in fines.
For the third offense in three years, the penalties will be 6 months in jail with a minimum of $250 (up to $1,000) in fines.
Summary of Nevada’s Vagrancy Law and Penalties
Prohibited Acts | Penalties Under Nevada Law |
---|---|
Offer or agree to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
or Offer or agree to engage in, engage in or aid and abet any act of prostitution; or Be a pimp, panderer or procurer or live in or about houses of prostitution; |
First offense in three years: Misdemeanor
Up to 6 months in jail and/or up to $1,000 in fines |
Second offense in three years: Misdemeanor
30 days to 6 months in jail and $250 to $1,000 in fines |
|
Third offense in three years: Misdemeanor
6 months in jail, and $250 to $1,000 in fines |
|
Seek admission to a house upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises | Misdemeanor
Up to 6 months in jail and/or up to $1,000 in fines |
Keep a place where lost or stolen property is concealed | Misdemeanor
Up to 6 months in jail and/or up to $1,000 in fines |
Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act | Misdemeanor
Up to 6 months in jail and/or up to $1,000 in fines |
Lodge in any building, structure or place, whether public or private: (1) Where a notice of default and election to sell has been recorded, unless the person is the owner, tenant or entitled to the possession or control thereof; (2) Which has been placed on a registry of vacant, abandoned or foreclosed property by a local government, unless the person is the owner, tenant or entitled to the possession or control thereof; or (3) Without the permission of the owner or person entitled to the possession or in control thereof. |
Misdemeanor
Up to 6 months in jail and/or up to $1,000 in fines |
Other Important Information to Know
In case of consecutive offenses, the NRS also stats that “the terms of imprisonment…must be impost consecutively.” For example, if a person is convicted of multiple violations within three years, they must serve the sentences consecutively.
In addition, people who are not disabled and have been jailed for vagrancy may be required to work on public projects, buildings, grounds, or ways in the county.
It’s also important to note that vagrancy is only one type of offense under Nevada law and other crimes may be associated with it or charged separately. For example, prostitution or solicitation charges may accompany a charge of vagrancy—just like the example at the beginning of the article where other charges were included with the vagrancy charge.
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A common U.S. citizen has little or no information and knowledge about how law enforcement or legal systems work. Articles like these can only do so much.
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Frequently Asked Questions
Can I be arrested for sleeping in public in Nevada?
Yes, it is illegal to sleep in a public place or anywhere not authorized for lodging without the permission of the owner. If you are caught doing so, you can be charged with vagrancy under NRS 207.030.
What is the penalty for violating Nevada’s law on vagrancy
The penalties vary depending on the offense and number of violations within a three-year period. All violations are misdemeanors, which carry a penalty of up to 6 months in jail and/or up to $1,000 in fines. The minimum penalties increase for second and third violations within this time frame.
What happens if I’m convicted of multiple offenses of vagrancy?
If you are convicted of multiple offenses within three years, the terms of imprisonment must be imposed consecutively. In addition, people who are not disabled and have been jailed for vagrancy may be required to work on public projects, buildings, grounds or ways in the county.
What other types of crimes can be associated with vagrancy?
Prostitution or solicitation charges can often accompany a charge of vagrancy. Other types of crimes can be associated with a vagrancy charge, as well.
Can Criminals Be Employed While Imprisoned for “Vagrant Crimes”?
In certain cases, those convicted of vagrancy or related crimes can be employed while in prison. These employment opportunities may include work on public projects, buildings, grounds, or ways in the county.