The registration of sex offenders began after a young girl named Megan Kanka was raped and murdered by a convicted sex offender that was living in her neighborhood. At the time of the offense, police departments were not allowed to disclose information regarding the location of sex offenders. As a result, Megan’s Law was created. By 1996, every state in the US had a version of Megan’s Law, which requires the registration of sex offenders and allows people to see where a sex offender resides, amongst other things, in the community.
Under Nevada Revised Statute 79D.095, an adult sex offender is an individual who was convicted of a sexual offense after July 1, 1956. The crimes that are defined as a sexual offense are listed under N.R.S 179D.097 and includes sex trafficking, sexual assault, and child sexual abuse. Nevada Revised Statute 179B.250 establishes, and maintains, the online repository of convicted sex offenders. The information that is available online includes, but is not limited to, a photograph, address, conviction, threat level to the community, physical descriptions, and what court convicted the offender. However, this publicly searchable information is only available for Tier 2 and 3 offenders. The tier ranking ranges from 0-3 and describes the likelihood of recidivism. In other words it means the likelihood that the offender will commit another sex crime. A risk assessment is done to determine the tier level of the offender. The assessment includes factors such as the seriousness of the offense, the number of instances it occurred, and whether violence was involved.
Pursuant to N.R.S 179D.460, a convicted offender has 48-hours upon release from custody to register with local authorities. If you move, you have 48-hours to re-register with a proper address. If you will be in an area for 48 or more hours you must register with local authorities as well. This means that even if you are simply visiting a buddy for a long weekend, you have to notify the local authorities. When registering with a local agency, the convicted offender must be prepared to present an address, submit to fingerprinting, and a photograph for the system.
Depending on the tier classification that the offender has received, the individual may have certain requirements beyond the 48-hour registration requirement. Under N.R.S. 179D.480, an individual must check-in with local law enforcement agencies:
- Tier One: at least once per year
- Tier Two: at least once per every 180 days
- Tier Three: at least once per every 90 days.
The duration of a convicted offender’s duty to register and check-in is also based on the tier classification the individual has received pursuant to N.R.S. 179D.490.
- Tier One: 15 years
- Tier Two: 25 years
- Tier Three: Lifetime registration
This period is subject to a reduction if the individual successfully registers for 10-years (for a Tier One classification) or 25-years (for a Tier Three classification). The individual must complete a sex offender treatment program that has been approved by the Nevada State Attorney General. Upon the completion of this, the individual may petition the court for a reduced registration period.
Failure to Register or Update Registration
In Nevada, an individual is guilty of a Category D Felony for failure to register as a sex offender pursuant to N.R.S. 179D.550. A Category D Felony is punishable by one to four years in prison and up to a $5,000 in fine. A second or subsequent offense for failure to register within seven years of the first offense is a Category C Felony. A Category C Felony is punishable by one to five years in prison and up to a $10,000 in fine. Additionally, an individual that is convicted of a second or subsequent violation does not qualify for a suspended sentence or probation.
If you have been accused of a sex offense in Nevada you can face lifetime registration as a sex offender, prison time, and substantial fines. If upon conviction you are not informed of your requirement to register as a sex offender, you are not relived of your registration duties. It is for this reason, and other nuances in the laws, that it is essential for you to give us a call at Almase Law to allow a professional to fight for your rights. This is not a battle you want to face alone.