Housebreaking; penalty

1. A person who forcibly enters an uninhabited or vacant dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking. 2. A person is presumed to know that an entry described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that: (a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and (b) Includes the current address and telephone number of the owner or his or her authorized representative. 3. A person convicted of housebreaking is guilty of: (a) For a first offense, a gross misdemeanor; and (b) For a second and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130. 4. A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking must not be released on probation or granted a suspension of sentence. 5. As used in this section, “forcibly enters” means an entry involving: (a) Any act of physical force resulting in damage to the structure; or (b) The changing or manipulation of a lock to gain access.