Nev. Rev. Stat. » NRS: CHAPTER 205 - CRIMES AGAINST PROPERTY
Nevada Revised Statutes

Nev. Rev. Stat. § 205.070 (2026)

Commission of another crime while committing burglary or invasion of the home

✓ current as of July 2026
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NRS 205.070  Commission of another crime while committing burglary or invasion of the home.  Every person who, in the commission of a burglary or invasion of the home, commits any other crime, may be prosecuted for each crime separately.

      [1911 C&P § 371; RL § 6636; NCL § 10321]—(NRS A 1989, 1453)

     

Notes of Decisions
Cited in 10 cases, 1979–2019 · leading case: State v. Contreras, 46 P.3d 661 (Nev. 2002).
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State v. Contreras, 46 P.3d 661 (Nev. 2002). · cites it 4× “[15] NRS 205.070 expressly provides that "[e]very person who, in the commission of a burglary or invasion of the home, commits any other crime, may be prosecuted for each crime separately.”
Garcia v. State, 113 P.3d 836 (Nev. 2005). · cites it 2× “State, 95 Nev 613, 620, 600 P.2d 247, 252 (1979) (holding that convictions of burglary and robbery did not violate double jeopardy).”
Jones v. State, 600 P.2d 247 (Nev. 1979). · cites it 2× “7 Consequently, Jones’ conviction on the four counts did not violate the constitutional prohibition against double jeopardy. Furthermore, Nevada law specifically authorizes prosecution for each crime committed during the commission of a burglary, as well as the burglary itself.”
Allen v. State, 665 P.2d 238 (Nev. 1983). “1 NRS 205.070 provides: Every person who, in the commission of a burglary, shall commit any other crime, shall be punished therefor as well as for the burglary, and may be prosecuted for each crime separately.”
Bennett v. State, 787 P.2d 797 (Nev. 1990). “Appellant specifically argues that the burglary and robbery arose out of the same indistinguishable course of conduct and thus cannot be stated as two separate aggravating circumstances.”
Burkey v. Deeds, 824 F. Supp. 190 (D. Nev. 1993). “§ 205.070 (“Every person who, in the commission of a burglary .”
Stowe v. State, 857 P.2d 15 (Nev. 1993). “NRS 205.070. When any felony is committed after a building is entered with the specific intent to commit a felony, the perpetrator has committed both burglary and the subsequent felony and may be charged and sentenced for both offenses.”
Kirkland v. State, 590 P.2d 156 (Nev. 1979). “3 NRS 205.070: Every person who, in the commission of a burglary, shall commit any other crime, shall be punished therefor as well as for the burglary, and may be prosecuted for each crime separately.”
Mosby v. Baker (D. Nev. 2019). “690(1) (obtaining credit or debit card without consent of cardholder), 6 attempted to take property from another, NRS 205.070(1); NRS 7 193.330(1) (attempt defined), and used the identification of another to delay or avoid prosecution, NRS 205.”
Moran (Marvin) v. Dist. Ct. (State) (Nev. 2014). “060(4) is unconstitutional because it improperly expands the crime of burglary to include crimes that occur after entry is completed in violation of NRS 205.070 and this court's jurisprudence.”
— Nev. Rev. Stat. § 205.070(1) — 1 case
Mosby v. Baker (D. Nev. 2019). “690(1) (obtaining credit or debit card without consent of cardholder), 6 attempted to take property from another, NRS 205.070(1); NRS 7 193.330(1) (attempt defined), and used the identification of another to delay or avoid prosecution, NRS 205.”
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