NRS
205.067 Invasion of the home: Definition; penalties; venue.
1. A person who, by day or night, forcibly
enters a dwelling without permission of the owner, resident or lawful occupant,
whether or not a person is present at the time of the entry, is guilty of
invasion of the home.
2. A person convicted of invasion of the
home is guilty of a category B felony and shall be punished by imprisonment in
the state prison for a minimum term of not less than 1 year and a maximum term
of not more than 10 years, and may be further punished by a fine of not more
than $10,000. A person who is convicted of invasion of the home and who has
previously been convicted of any burglary pursuant to NRS 205.060 or invasion of the home must
not be released on probation or granted a suspension of sentence.
3. Whenever an invasion of the home is
committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer,
airplane, glider, boat or railroad car, in motion or in rest, in this State,
and it cannot with reasonable certainty be ascertained in what county the crime
was committed, the offender may be arrested and tried in any county through
which the conveyance, vessel, boat, vehicle, house trailer, travel trailer,
motor home or railroad car traveled during the time the invasion was committed.
4. A person convicted of invasion of the
home who has in his or her possession or gains possession of any firearm or
deadly weapon at any time during the commission of the crime, at any time
before leaving the structure or upon leaving the structure, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than $10,000.
5. As used in this section:
(a) “Dwelling” has the meaning ascribed to it in NRS 205.060.
(b) “Forcibly enters” means the entry of an
inhabited dwelling involving any act of physical force resulting in damage to
the structure.
(Added to NRS by 1989,
1452; A 1995,
1215; 2019,
4427)
Notes of Decisions
Cited in
27
cases (
6 in the last 5 years), 1995–2026 · leading case:
Truesdell v. State, 304 P.3d 396 (Nev. 2013).
Truesdell v. State, 304 P.3d 396 (Nev. 2013).
· cites it 7× “166(1)(a); NRS 205.067(1). Second, the enhancement cases do not implicate the policy behind the collateral bar rule—that a court order must be obeyed so long as it remains in effect, and therefore, disobedience results in a violation of the order.”
Dunham v. State, 426 P.3d 11 (Nev. 2018).
· cites it 11× “: *12 Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Servin v. State, 32 P.3d 1277 (Nev. 2001).
· cites it 2× “[36] See NRS 205.067(1). [37] Id. [38] 112 Nev. 1434, 1448 , 930 P.”
Alford v. State, 906 P.2d 714 (Nev. 1995).
“” NRS 205.067(1).) The State dismissed these charges prior to the commencement of trial; and it appears from the evidence that Alford entered the home peaceably and probably with permission.”
Fiegehen v. State, 113 P.3d 305 (Nev. 2005).
· cites it 2× “27 In relevant part, NRS 205.067(1) provides that a person is guilty of home invasion when the person “forcibly enters an inhabited dwelling without permission of the owner.”
Rodriguez v. State, 32 P.3d 773 (Nev. 2001).
“33 &e NRS 205.067(1). 34 117 Nev. 775 , 32 P.3d 1277 (2001).”
Austin (joseph) v. State (Crim.), 142 Nev. Adv. Op. No. 12 (Nev. 2026).
· cites it 30× “The State charged Austin with home invasion, in violation of NRS 205.067, for the May 28 act of forcibly entering the garage, and attempted home invasion, in violation of NRS 205.”
United States v. Mack, 92 F. Supp. 3d 1006 (D. Nev. 2015).
· cites it 35× “During my sentencing, I ruled that Mack’s two prior Nevada convictions under NRS 205.067 (for home invasion) did not qualify as “crimes of violence” under the United States Sentencing Guidelines.”
Dunham (john) Vs. State, 2018 NV 68 (Nev. 2018).
· cites it 20× “: Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Dunham (john) Vs. State, 2018 NV 68 (Nev. 2018).
· cites it 20× “: Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Wilson (Kyle) v. State (Nev. 2015).
· cites it 4× “There is no other indication within NRS 205.067 that the Legislature intended the victim of home invasion to possess intent to remain in the home.”
— Nev. Rev. Stat. § 205.067(1) — 16 cases
Truesdell v. State, 304 P.3d 396 (Nev. 2013).
“166(1)(a); NRS 205.067(1). Second, the enhancement cases do not implicate the policy behind the collateral bar rule—that a court order must be obeyed so long as it remains in effect, and therefore, disobedience results in a violation of the order.”
Servin v. State, 32 P.3d 1277 (Nev. 2001).
“[36] See NRS 205.067(1). [37] Id. [38] 112 Nev. 1434, 1448 , 930 P.”
Alford v. State, 906 P.2d 714 (Nev. 1995).
“” NRS 205.067(1).) The State dismissed these charges prior to the commencement of trial; and it appears from the evidence that Alford entered the home peaceably and probably with permission.”
Rodriguez v. State, 32 P.3d 773 (Nev. 2001).
“33 &e NRS 205.067(1). 34 117 Nev. 775 , 32 P.3d 1277 (2001).”
Fiegehen v. State, 113 P.3d 305 (Nev. 2005).
“27 In relevant part, NRS 205.067(1) provides that a person is guilty of home invasion when the person “forcibly enters an inhabited dwelling without permission of the owner.”
— Nev. Rev. Stat. § 205.067(2) — 10 cases
Dunham v. State, 426 P.3d 11 (Nev. 2018).
“: *12 Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Dunham (john) Vs. State, 2018 NV 68 (Nev. 2018).
“: Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Dunham (john) Vs. State, 2018 NV 68 (Nev. 2018).
“: Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
— Nev. Rev. Stat. § 205.067(5)(a) — 3 cases
Fiegehen v. State, 113 P.3d 305 (Nev. 2005).
“27 In relevant part, NRS 205.067(1) provides that a person is guilty of home invasion when the person “forcibly enters an inhabited dwelling without permission of the owner.”
Austin (joseph) v. State (Crim.), 142 Nev. Adv. Op. No. 12 (Nev. 2026).
“The State charged Austin with home invasion, in violation of NRS 205.067, for the May 28 act of forcibly entering the garage, and attempted home invasion, in violation of NRS 205.”
United States v. Mack, 92 F. Supp. 3d 1006 (D. Nev. 2015).
“During my sentencing, I ruled that Mack’s two prior Nevada convictions under NRS 205.067 (for home invasion) did not qualify as “crimes of violence” under the United States Sentencing Guidelines.”
— Nev. Rev. Stat. § 205.067(5)(b) — 6 cases
Dunham v. State, 426 P.3d 11 (Nev. 2018).
“: *12 Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Dunham (john) Vs. State, 2018 NV 68 (Nev. 2018).
“: Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Dunham (john) Vs. State, 2018 NV 68 (Nev. 2018).
“: Appellant John Dunham was convicted of home invasion under NRS 205.067 when he entered his wife's second home.”
Austin (joseph) v. State (Crim.), 142 Nev. Adv. Op. No. 12 (Nev. 2026).
“The State charged Austin with home invasion, in violation of NRS 205.067, for the May 28 act of forcibly entering the garage, and attempted home invasion, in violation of NRS 205.”
Wilson (Kyle) v. State (Nev. 2015).
“There is no other indication within NRS 205.067 that the Legislature intended the victim of home invasion to possess intent to remain in the home.”
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