1
00:00:13,560 --> 00:00:18,399
Hey, everybody. If you're watching
on YouTube, you are probably shocked shocked

2
00:00:18,559 --> 00:00:24,679
to see video on a Life is
the Gamble podcast. But we had breaking

3
00:00:24,719 --> 00:00:29,519
news today when I got a call
from everyone's favorite gambling lawyer, bobner Session,

4
00:00:30,079 --> 00:00:33,920
and wanted to get it out there
as quickly as possible. So Bob,

5
00:00:34,200 --> 00:00:38,640
welcome to the new podcast Life Is
a Gamble. Thank you, good

6
00:00:38,679 --> 00:00:43,719
to be here. Yeah, okay, so you had big momentous news for

7
00:00:44,520 --> 00:00:49,439
mainly for professional gamblers today, So
why don't we get right into it.

8
00:00:49,520 --> 00:00:58,039
What's happening. Well, it turns
out that in June the Nevada trespassing Statute

9
00:00:58,079 --> 00:01:03,159
was amended and our two O seven
point two hundred, which many of your

10
00:01:03,200 --> 00:01:11,079
listeners are intimately familiar with, and
that amendment is of some import Also,

11
00:01:12,560 --> 00:01:17,799
I want to caution that this is
an amendment to a statute if you've contractually

12
00:01:17,840 --> 00:01:23,920
agreed not to enter into a casino. I have yet to research the effects

13
00:01:23,959 --> 00:01:26,640
of this amendment on that, and
I think it would depend on the nature

14
00:01:26,680 --> 00:01:34,680
of the agreement you reached with the
casino. So that being said, here's

15
00:01:34,719 --> 00:01:38,359
the amendment, and I'm going to
read what used to be the statute and

16
00:01:38,400 --> 00:01:42,959
then I'm going to read what is
now the statute as of June thirteenth this

17
00:01:42,079 --> 00:01:48,879
year. Historically, the statute read, unless a greater penalty is provided pursuant

18
00:01:48,959 --> 00:01:53,120
to NRS two hundred point six h
three, any person who, under circumstances

19
00:01:53,280 --> 00:02:00,159
not amounting to a burglary, willfully
goes or remains upon land or in any

20
00:02:00,280 --> 00:02:06,480
building after having been warned by the
owner or occupant thereof not to trespass,

21
00:02:06,680 --> 00:02:12,919
is guilty of a misdemeanor. That
statute now reads, unless a greater penalty

22
00:02:13,000 --> 00:02:17,120
is provided pursuing to NRS two hundred
point six zero three, any person who,

23
00:02:17,400 --> 00:02:23,919
under circumstances not amounting to a burglary, willfully goes or remains upon any

24
00:02:24,039 --> 00:02:31,560
land or in any building, after
having been warned during the previous twenty four

25
00:02:31,719 --> 00:02:38,199
months by the owner or occupant thereof
not to trespass, is guilty of a

26
00:02:38,280 --> 00:02:46,719
misdemeanor. My reading of this statute
says that the trespassed warnings given by casinos

27
00:02:47,719 --> 00:02:57,080
in that are more than two years
old are no longer valid as establishing criminal

28
00:02:57,120 --> 00:03:04,479
activity. In essence, they've revoked
the lifetime ban and made it a two

29
00:03:04,599 --> 00:03:07,680
year ban. Okay, So a
couple of things. First of all,

30
00:03:07,719 --> 00:03:15,319
this is Nevada only, right,
Okay. So and so when you were

31
00:03:15,479 --> 00:03:22,560
saying, unless you had contractually agreed
not to enter the casino, what does

32
00:03:22,599 --> 00:03:28,280
that mean. Well, for examples, some people have entered into settlement agreements

33
00:03:28,319 --> 00:03:31,319
with the casinos and signed a document
that says we promised not to come back,

34
00:03:32,120 --> 00:03:36,800
or not to go into the casino, or not to go on your

35
00:03:36,840 --> 00:03:45,840
property. Those agreements may be reliant
on the then existing law, or may

36
00:03:45,919 --> 00:03:50,000
not be reliant on the then existing
law. I've not had an opportunity to

37
00:03:50,039 --> 00:03:53,280
research that, and I'm not opining
on those at all. What I am

38
00:03:53,319 --> 00:03:58,840
saying, though, is if somebody
gave you a trespass morning more than two

39
00:03:58,919 --> 00:04:05,759
years ago that warning, that warning
itself no longer carries a criminal effect.

40
00:04:06,400 --> 00:04:12,080
Okay, even if there's a contract, I don't think there's any crime.

41
00:04:14,080 --> 00:04:18,879
But the contract can carry depending on
the terms of the contract and whether or

42
00:04:18,920 --> 00:04:26,120
not it's enforceable visa vis, this
unexpected change in the law can carry with

43
00:04:26,160 --> 00:04:31,240
it some breach of contract penalties and
some other things, depending on what the

44
00:04:31,279 --> 00:04:36,079
casino gave up in exchange for your
agreement not to enter. Okay, So

45
00:04:36,120 --> 00:04:44,120
we should point out though, that
the point of contact for players who are

46
00:04:44,160 --> 00:04:49,759
getting trespassed is with the security and
pit bosses, who obviously do not know

47
00:04:49,920 --> 00:04:55,879
the law. So even though it
may not be a criminal act for you

48
00:04:55,920 --> 00:05:00,560
to be in there, it doesn't
mean that you may not suffer for some

49
00:05:01,199 --> 00:05:08,399
repercussions because they don't understand the law
or are not aware of this change in

50
00:05:08,439 --> 00:05:12,040
the law. I did some between
the time when we first talked earlier this

51
00:05:12,079 --> 00:05:15,480
morning, Richard, and right now. I did some research and I looked

52
00:05:15,480 --> 00:05:27,839
for the legislative history behind this,
and it is between non existent and sparse.

53
00:05:28,839 --> 00:05:32,360
Okay, the idea what prompted the
change? I think I do.

54
00:05:32,839 --> 00:05:38,399
I have to read well between the
lines, and this is this is a

55
00:05:38,680 --> 00:05:43,079
this is a wag a wild ass
guess. Okay, this came out of

56
00:05:43,120 --> 00:05:47,360
the judiciary commitment. I know from
having appeared for years. One of the

57
00:05:47,439 --> 00:05:59,720
problems with the judiciary and the trespassing
law is the judges at the Justice of

58
00:05:59,759 --> 00:06:03,319
the Peace level, the municipal court
judges and the Justice and the Justice Court

59
00:06:03,399 --> 00:06:10,199
judges are the ones faced with enforcing
this law. And I have been in

60
00:06:10,319 --> 00:06:15,600
court when the judge looks at a
prosecutor and says, well, when was

61
00:06:15,639 --> 00:06:21,240
this person trespassed? And they say
nineteen ninety seven, and the judge goes,

62
00:06:21,319 --> 00:06:28,000
and this is still effective, and
the prosecutor goes, absolutely, your

63
00:06:28,040 --> 00:06:30,839
honor, look at the statute,
and the judge goes. The judge does

64
00:06:30,879 --> 00:06:38,160
not say this, I will say
this, Oh, that's bullshit. That's

65
00:06:38,240 --> 00:06:42,000
the reaction to that kind of thing. And they've probably gotten fed up with

66
00:06:42,079 --> 00:06:46,639
it because this is all over their
docket all the time because casinos are always

67
00:06:46,720 --> 00:06:51,319
trespassing people, and since it came
out of judiciary, I'm absolutely surmising,

68
00:06:51,319 --> 00:06:55,759
and again a wild ass guest,
but they said, we don't want our

69
00:06:55,800 --> 00:07:00,000
dockets messed up with this stuff.
Now, I think what's going to happen?

70
00:07:00,000 --> 00:07:03,360
And unless the casinos are watching your
program, Richard, and I actually

71
00:07:03,360 --> 00:07:05,959
hope they are. I don't want
to keep this a secret, and I'm

72
00:07:05,959 --> 00:07:10,680
not looking for any extra work,
but a whole bunch of people are going

73
00:07:10,759 --> 00:07:15,000
to rely on this statute go back
into casinos and find themselves arrested and falsely

74
00:07:15,079 --> 00:07:21,279
imprisoned for committing a crime which is
patently which appears to patently not be a

75
00:07:21,319 --> 00:07:26,959
crime under the law. So get
you clear up your justice court docket.

76
00:07:27,040 --> 00:07:32,680
But maybe you're creating some new headaches
for the district court docket. Yeah,

77
00:07:32,720 --> 00:07:41,279
and it, But the casinos can
just trespass you again, correct, Yes,

78
00:07:41,360 --> 00:07:44,560
I meant to mention that it appears
that that would be the case.

79
00:07:45,120 --> 00:07:50,399
But for example, some of my
historic clients who are card counters, they're

80
00:07:50,439 --> 00:07:56,639
now they've been banned, they've been
living under a trespass warning. I know

81
00:07:56,759 --> 00:08:03,319
one person this would apply to very
much. So he has historically had the

82
00:08:03,360 --> 00:08:09,199
ability to play incognito, but he
has been avoiding playing incognito for a period

83
00:08:09,240 --> 00:08:11,839
of years at this time because he
does not want to spend a night in

84
00:08:11,879 --> 00:08:16,040
the Clark County Detention Center. He
did it once, never wants to do

85
00:08:16,120 --> 00:08:22,199
it again, so he's been avoiding
that casino. Technically, at this point,

86
00:08:22,199 --> 00:08:26,120
it would appear that if the last
time he was giving a warning was

87
00:08:26,160 --> 00:08:30,480
more than two years ago, and
he's no longer recognizable to anybody in security,

88
00:08:31,559 --> 00:08:37,159
he can one likely play incognito and
under the radar, and if it

89
00:08:37,320 --> 00:08:41,200
fails, he at least has the
amendment to two oh seven two hundred to

90
00:08:41,240 --> 00:08:46,519
say, keep your stinking hands off
of me. You fill the ape,

91
00:08:48,519 --> 00:08:56,039
I get the movie reference. Yeah, okay, so that's about what I

92
00:08:56,120 --> 00:09:01,720
have to say. Let me know
how I access your podcast though, Oh

93
00:09:01,759 --> 00:09:05,559
okay, sure, I will send
you a link absolutely, And thanks for

94
00:09:05,720 --> 00:09:09,039
coming on this morning and sharing that
with us. Well, thanks for sharing

95
00:09:09,080 --> 00:09:11,960
it with everybody. Richard. Good
to see you again. Talk to your son,
