Nevada NRS § 484B.287 prohibits jaywalking, defined as a pedestrian crossing a street outside of a marked crosswalk. Police typically issue citations for jaywalking similar to traffic tickets.

The language of the code section states that:

(a) Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the highway.

(b) Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the highway.

(c) Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

Penalties

Jaywalking is a civil infraction (not a misdemeanor) that carries a civil penalty of no more than $100. In the City of Las Vegas, the civil penalty plus costs is $163.00.

All defendants are encouraged to retain counsel to try to get the civil penalty lowered and the charge possibly dismissed so their criminal record stays clean.

Defenses

Potential defenses to NRS 484B.287 charges include demonstrating that:

• The officer was mistaken about the defendant jaywalking,
• The officer misidentified the alleged jaywalker and cited the wrong person, and/or
• An emergency situation justified the defendant’s jaywalking

As long as the prosecutor has insufficient evidence to prove guilt beyond a reasonable doubt, the charge should be dropped.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. Is jaywalking illegal?
• 2. Can I go to jail?
• 3. How do I fight the charges?
• 4. Can I seal the case?
• 5. Will I get deported?
• 6. Related offenses
• 7. Can I sue?

1. What is jaywalking, and is it illegal in Nevada?

The legal definition of jaywalking in Nevada is crossing the street outside of a marked crosswalk or otherwise crossing the road illegally. Jaywalking is illegal in Nevada.¹

In Las Vegas, jaywalking tends to be more rigorously enforced on the Strip and Downtown because of the heavy traffic. Police typically issue citations for jaywalking. But alleged jaywalkers may get arrested in the following circumstances:

1. The police officer runs the suspect’s name and sees he/she has an outstanding warrant,
2. The suspect is a habitual jaywalker or a repeat offender,
3. The suspect resists the police officer when receiving the citation,
4. The suspect is on probation, or
5. The alleged jaywalking may have caused a serious car accident

Many intersections now have cameras mounted on the traffic lights, so there may be photographic evidence of people’s alleged jaywalking.

See our related article, Do pedestrians always have the right of way in Nevada?

2. What are the penalties for an NRS 484B.287 violation?

The civil penalty varies by location. In the City of Las Vegas, the civil penalty plus costs is $163.00.² And in the City of Reno, the civil penalty plus costs is $115.³

Because jaywalking is such a minor offense, it may actually serve as an ideal plea bargain if the defendant is facing more serious charges. Sometimes the D.A. may be willing to lower charges of shoplifting or trespass down to jaywalking.

A jaywalking conviction does not cause the person’s driver’s license to be revoked by way of demerit points.

3. What are the defenses to Nevada jaywalking charges?

Most people who are cited for jaywalking in Nevada choose to pay the civil penalty without disputing the charge. But there are various defenses to explore if the defendant wishes to fight the case:

• The defendant did cross at a crosswalk, and the police officer mistakenly thought the defendant was outside of the crosswalk;
• The police officer cited the wrong person after misidentifying the alleged jaywalker; and/or
• There was an emergency situation such as a tree falling or an out-of-control vehicle, and the defendant jaywalked in order to avoid an accident

Typical evidence might include eyewitnesses, surveillance video, or even photographs of the road that indicate the crosswalks were not clearly marked.

4. Can I seal my Nevada jaywalking case?

Usually, yes. A jaywalking conviction may be sealed one (1) year after the case ends.⁴ And if the case gets dismissed (meaning that there was no conviction), then there is no waiting period to begin the Nevada record seal process.⁵

5. Can I be deported for jaywalking?

No. As an infraction, jaywalking is not a deportable crime.

However, illegal aliens who get caught jaywalking are vulnerable to being arrested, turned over to ICE, and deported. It makes no difference if the charge is ultimately dismissed.

6. Related offenses

Most jaywalking incidents in Nevada are harmless. But in serious situations, alleged jaywalkers may face charges of “reckless endangerment” or even “involuntary manslaughter.”

Reckless endangerment (NRS 202.595)

Reckless endangerment is when someone acts in willful or wanton disregard of the safety of other people or property. So if a police officer believes that the defendant was deliberately jaywalking in a careless way that could hurt someone else, he/she may face a reckless endangerment arrest.

If no death or substantial bodily harm results from an alleged act of reckless endangerment, the charge is a gross misdemeanor, carrying:

• up to $2,000 in fines, and/or
• up to 364 days in jail

Otherwise, it is charged as a category C felony, carrying:

• 1 – 5 years in Nevada State Prison, and
• up to $10,000 in fines (at the judge’s discretion)

Involuntary manslaughter (NRS 200.070)

Involuntary manslaughter is unintentional homicide during the commission of an unlawful act. So if a police officer believes a person’s alleged jaywalking caused an oncoming car to get in a fatal accident, the person may face arrest for involuntary manslaughter.

In Nevada, involuntary manslaughter is charged as a category D felony.  The punishment includes:

• 1 – 4 years in prison, and
• up to $5,000 in fines (at the judge’s discretion)

7. Bringing a personal lawsuit in Nevada jaywalking cases

People who have been injured in an accident allegedly caused by jaywalking may sue the alleged jaywalker under the legal doctrine of negligence per se. A defendant can be found liable under negligence per se if:

1. the defendant violated a statute (such as a traffic law);
2. this violation caused an injury (such as an automobile collision); and
3. the victim is part of the class of people that the statute is meant to protect (such as fellow drivers, passengers, and pedestrians).

In a negligence per se lawsuit, the court can presume that the defendant breached his/her duty of care to the plaintiff. All the plaintiff has to show is that the defendant’s breach caused the accident and injuries.

Depending on the case, a good Las Vegas car accident attorney can recover compensatory damages to cover the victim’s:

• hospital bills and long-term care,
• lost earnings,
• loss of future earnings, and
• pain and suffering

Even plaintiffs who were partially at fault could still be entitled to a large financial reward under Nevada’s comparative negligence laws.⁶ Learn more about our Las Vegas personal injury attorneys.

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