Hey, everybody. If you're watching on YouTube, you are probably shocked shocked
to see video on a Life is the Gamble podcast. But we had breaking
news today when I got a call from everyone's favorite gambling lawyer, bobner Session,
and wanted to get it out there as quickly as possible. So Bob,
welcome to the new podcast Life Is a Gamble. Thank you, good
to be here. Yeah, okay, so you had big momentous news for
mainly for professional gamblers today, So why don't we get right into it.
What's happening. Well, it turns out that in June the Nevada trespassing Statute
was amended and our two O seven point two hundred, which many of your
listeners are intimately familiar with, and that amendment is of some import Also,
I want to caution that this is an amendment to a statute if you've contractually
agreed not to enter into a casino. I have yet to research the effects
of this amendment on that, and I think it would depend on the nature
of the agreement you reached with the casino. So that being said, here's
the amendment, and I'm going to read what used to be the statute and
then I'm going to read what is now the statute as of June thirteenth this
year. Historically, the statute read, unless a greater penalty is provided pursuant
to NRS two hundred point six h three, any person who, under circumstances
not amounting to a burglary, willfully goes or remains upon land or in any
building after having been warned by the owner or occupant thereof not to trespass,
is guilty of a misdemeanor. That statute now reads, unless a greater penalty
is provided pursuing to NRS two hundred point six zero three, any person who,
under circumstances not amounting to a burglary, willfully goes or remains upon any
land or in any building, after having been warned during the previous twenty four
months by the owner or occupant thereof not to trespass, is guilty of a
misdemeanor. My reading of this statute says that the trespassed warnings given by casinos
in that are more than two years old are no longer valid as establishing criminal
activity. In essence, they've revoked the lifetime ban and made it a two
year ban. Okay, So a couple of things. First of all,
this is Nevada only, right, Okay. So and so when you were
saying, unless you had contractually agreed not to enter the casino, what does
that mean. Well, for examples, some people have entered into settlement agreements
with the casinos and signed a document that says we promised not to come back,
or not to go into the casino, or not to go on your
property. Those agreements may be reliant on the then existing law, or may
not be reliant on the then existing law. I've not had an opportunity to
research that, and I'm not opining on those at all. What I am
saying, though, is if somebody gave you a trespass morning more than two
years ago that warning, that warning itself no longer carries a criminal effect.
Okay, even if there's a contract, I don't think there's any crime.
But the contract can carry depending on the terms of the contract and whether or
not it's enforceable visa vis, this unexpected change in the law can carry with
it some breach of contract penalties and some other things, depending on what the
casino gave up in exchange for your agreement not to enter. Okay, So
we should point out though, that the point of contact for players who are
getting trespassed is with the security and pit bosses, who obviously do not know
the law. So even though it may not be a criminal act for you
to be in there, it doesn't mean that you may not suffer for some
repercussions because they don't understand the law or are not aware of this change in
the law. I did some between the time when we first talked earlier this
morning, Richard, and right now. I did some research and I looked
for the legislative history behind this, and it is between non existent and sparse.
Okay, the idea what prompted the change? I think I do.
I have to read well between the lines, and this is this is a
this is a wag a wild ass guess. Okay, this came out of
the judiciary commitment. I know from having appeared for years. One of the
problems with the judiciary and the trespassing law is the judges at the Justice of
the Peace level, the municipal court judges and the Justice and the Justice Court
judges are the ones faced with enforcing this law. And I have been in
court when the judge looks at a prosecutor and says, well, when was
this person trespassed? And they say nineteen ninety seven, and the judge goes,
and this is still effective, and the prosecutor goes, absolutely, your
honor, look at the statute, and the judge goes. The judge does
not say this, I will say this, Oh, that's bullshit. That's
the reaction to that kind of thing. And they've probably gotten fed up with
it because this is all over their docket all the time because casinos are always
trespassing people, and since it came out of judiciary, I'm absolutely surmising,
and again a wild ass guest, but they said, we don't want our
dockets messed up with this stuff. Now, I think what's going to happen?
And unless the casinos are watching your program, Richard, and I actually
hope they are. I don't want to keep this a secret, and I'm
not looking for any extra work, but a whole bunch of people are going
to rely on this statute go back into casinos and find themselves arrested and falsely
imprisoned for committing a crime which is patently which appears to patently not be a
crime under the law. So get you clear up your justice court docket.
But maybe you're creating some new headaches for the district court docket. Yeah,
and it, But the casinos can just trespass you again, correct, Yes,
I meant to mention that it appears that that would be the case.
But for example, some of my historic clients who are card counters, they're
now they've been banned, they've been living under a trespass warning. I know
one person this would apply to very much. So he has historically had the
ability to play incognito, but he has been avoiding playing incognito for a period
of years at this time because he does not want to spend a night in
the Clark County Detention Center. He did it once, never wants to do
it again, so he's been avoiding that casino. Technically, at this point,
it would appear that if the last time he was giving a warning was
more than two years ago, and he's no longer recognizable to anybody in security,
he can one likely play incognito and under the radar, and if it
fails, he at least has the amendment to two oh seven two hundred to
say, keep your stinking hands off of me. You fill the ape,
I get the movie reference. Yeah, okay, so that's about what I
have to say. Let me know how I access your podcast though, Oh
okay, sure, I will send you a link absolutely, And thanks for
coming on this morning and sharing that with us. Well, thanks for sharing
it with everybody. Richard. Good to see you again. Talk to your son,