can u get charged with trespassing even though the gate was open and there was no posted sign's?

Question

i live in nevada isnt there a nrs code for the laws on tresspasing

it is not a person it is the railroad and i got stuck on them and there blaming me and i got a tresspasing ticket for it but if it would have been marked i would have turned aroung and not have got stuckon the track isnt it there job to warn of dangeouse hazzards like that

Answer 1

I know that in Texas you can be so charged. A simple purple mark on a post above 3 feet and not above 5 feet every so many feet.

I would contact a lawyer or if you know a law clerk to find out the answer for your particular state.

Answer 2

A quick peek at the Nevada Revised Statutes makes it look as though it's going to depend upon the circumstances...Was there a fence, or just a gate across the road?

" NRS 207.200 Unlawful trespass upon land; warning against trespassing.

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2. A sufficient warning against trespassing, within the meaning of this section, is given by either of the following methods:

(a) Painting, at intervals of not more than 200 feet on each side of the land, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.

(b) Fencing the area.

3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

4. An entryman on land under the laws of the United States is an owner within the meaning of this section.

5. As used in this section, “fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

[1911 C&P § 500; RL § 6765; NCL § 10447]—(NRS A 1969, 96; 1975, 1169; 1987, 2086; 1989, 997; 2005, 930)"

Hope this helps you out!

Orion

Answer 3

Trespassing is where you enter a property or the properties grounds unwanted. Like, if you were going there to steal their hose or paint their house in a lovely shade of spray paint, THAT'S trespassing. But if you're going onto their property to knock on their door to ask them something, then that's fine.

Like, you don't just go and have a barbeque in their backyard or anything.

Answer 4

Just because there are no posted signs and a gate is open is no invitation for anyone to enter another persons property.

Answer 5

You don't have a right to be on someone else's property without their permission. I have heard of people shooting trespassers and they don't go to jail cause the person was trespassing. Of course there will be an investigation. Wouldn't it scare you if someone came on your property and you had no idea why?

Answer 6

Actually, yes you can still be charged with trespassing. It doesn't matter that the gate was open, nor does it matter that there were no signs posted.

Answer 7

probably

just because the gate is open does not mean that they want you there.
by the logic, when I leave my door open someone can just come in.

Answer 8

A lot of narrow minded rural dwellers have shot and killed people for walking on their property because they think it's legal. It's still murder.