Nevada Sexual Offender Registry System (N.R.S. 179D)

Although every state has slight differences in laws regarding sexual offenders, all convicted sex offenders are expected to comply with registration requirements no matter where they decide to live or work. Here’s what you need to know about sex offender registration in Nevada.

Table of Contents

1. Who Has To Register?
2. How To Register as a Sex Offender in Nevada
3. Length of Time Offenders Have to Register
4. Penalties for Not Registering
5. Driver’s License
6. Deportation & Immigration
7. Sealing Your Record
8. Sources

Nevada Sex Offender Registration – Who Has To Register?

As per Nevada’s NRS 179D.441¹, every offender convicted of a crime against a child and every sex offender must initially register with the local law enforcement agency of the jurisdiction in which the offender or sex offender was convicted. Following that, they must also register within the jurisdiction they live/reside, go to school, or work.

How To Register as a Sex Offender in Nevada

What information is required to register as a sex offender? When registering with the local law enforcement agency, NRS 179D.443² states that the offender should be prepared to provide the following.

1. The name of the offender or sex offender (as well as any aliases)
2. The social security number of the offender or sex offender
3. The address of any residence/location where the offender or sex offender lives or will live
4. The address of any residence/location where the offender or sex offender works or will work
5. The address of any residence/location where the offender or sex offender is a student or will be a student
6. The license plate number and description of any vehicles registered to or driven by the (sex) offender
7. Any other information requested, required by federal law

If the offender or sex offender hasn’t already provided a biological specimen, he/she will provide a biological specimen to the local law enforcement agency where he/she is registering as an offender. The agency will then provide the sample to a forensic lab designated by the county.

The local law enforcement agency will also ensure they have gathered a complete physical description of the sex offender, a current picture, fingerprints, and palm prints. Other information that may be collected includes:

• A criminal history of the offender
• Dates of all arrests and convictions
• Status of parole, probation, or supervised release
• Registration status as a sex offender
• The existence of any outstanding warrants
• Information about the offender’s DNA profile
• ID numbers from various State IDs

It is the offender’s duty to inform the local law enforcement agency of any change of name, residence, employment, student status, or other vital differences, as per NRS 179D.447³. The change(s) must be reported no more than three business days after they have been made.

Length of Time Offenders Have to Register

How long can a sex offender live in a neighborhood before they have to register? NRS 179D.460⁴ states that registration with a local law enforcement agency must be made within 48 hours of the offender living there. That means, even if the offender committed the offense(s) in a different neighborhood, city, or state and already registered with the local law enforcement agency in that state (as they are legally obligated to do), they still must register with the local law enforcement agency where they currently reside within 48 hours of being present there.

This rule applies even if they live with a family member, a friend, a partner, or in a short-term rental. As long as they are residing there for 48 hours, they must register with the local law enforcement agency.

What if the Offender Lives Outside of the State but Works or Goes to School in the State?

If the offender is a nonresident of the state but is a worker or student within the state, they must still register at the appropriate sheriff’s office, metro police department, or city police department where they work or are a student, no more than 48 hours after having started working or becoming a student there. It will then be the local law enforcement agency’s responsibility to forward the offender’s information to the Central Repository, including the fingerprints and photograph.

Penalties for Not Registering as a Sex Offender

What happens if the sex offender fails to register or falsifies the necessary information to the local law enforcement agency? If a sex offender fails to register with a local law enforcement agency, or fails to notify the agency of a change in name, residence, or employment or student status, or provides false or misleading information to the Central Repository or local law enforcement agency, that individual is now guilty of a Category D Felony and shall be punished as provided in NRS 193.130⁵.

A Category D Felony is a felony for which a court shall sentence the convicted person to imprisonment in the State Prison for a minimum term of 1 year and maximum term of 4 years. In addition, the court may also fine up to $5,000 – unless a greater fine is authorized or required by statute.

How Will the Community Be Notified of Local Offenders in the Area?

The Central Repository will keep all information updated. From there, information is dispensed to the Attorney General, the appropriate law enforcement agencies for each jurisdiction in which the offender resides or is a student or worker, all agencies responsible for conducting employment-related background checks, and any organization, company, or person who requests such notification.

The local law enforcement agency will provide all updated information from the Central Repository to each school, religious organization, youth organization, and public housing authority in which the offender or sex offender resides or is a student or worker. The information will also go to each agency that provides child welfare services and volunteer organizations in which contact with children may occur. Again, this information may also be requested by any organization, company, or person who requests it.

Driver’s License Consequences

Convicted sex offenders in Nevada are required to go to the DMV in person to conduct all driver’s license-related services. They may not use the kiosks, mail in their information, or complete business over the internet.

If a sex offender fails to register as a sex offender in Nevada, their driver’s license renewal will be denied after their current license expires. Relevant to note: convicted sex offenders are required to renew their licenses every year in Nevada.

Deportation & Immigration Consequences

Can non-citizen sex offenders be deported? The short answer is “yes.” But it depends. Remember: non-legal (i.e., illegal) aliens can be deported from the U.S. at any time, regardless of whether or not they are convicted of a sex crime.

Legal non-citizens living in the U.S. may also be deported from the U.S. if the nature of their crime was an aggravated felony, a firearms offense, a drug crime, a domestic violence offense, or a crime involving moral turpitude. Sex-related crimes involving moral turpitude include rape and sexual abuse. Non-citizens have also been deported from the U.S. for failing the register as a sex offender.

Sealing Your Record Against Sex Offenses

Can a sex offender’s record be sealed in Nevada? This is a tricky question and depends on a multitude of factors. Therefore, it is best to speak with an experienced attorney to better understand the specifics of the case to which you are referring.

Having said that, there are circumstances under which sexual offenses are generally ineligible for record clearing in Nevada. Those include:

• Murder in the first degree committed in the perpetration or attempted perpetration of sexual assault, sexual abuse, or sexual molestation of a child under 14 years old (NRS 200.030⁶)
• Sexual assault (NRS 200.366⁷)
• Statutory sexual seduction, if punishable as a felony (NRS 200.368⁸)
• Battery with intent to commit sexual assault (NRS 200.400⁹)
• A crime involving administration of a drug to another individual with the intent to enable or assist in a listed felony (NRS 200.405¹⁰)
• A crime involving administration of a controlled substance to another individual with the intent to enable or assist in a crime of violence, as listed (NRS 200.408¹¹)
• Sexual abuse or sexual exploitation of a child (NRS 200.508¹²)
• Crimes involving pornography and a minor (NRS 200.710 – 200.730¹³)
• Incest (NRS 201.180¹⁴)
• Open or gross lewdness is punishable as a felony (NRS 201.210¹⁵)
• Obscene or indecent exposure, if punishable as a felony (NRS 201.220¹⁶)
• Lewdness with a child (NRS 201.230¹⁷)
• Sexual penetration of a dead human body (NRS 201.450¹⁸)
• Luring a child or person with mental illness, if punishable as a felony (NRS 201.560¹⁹)

Having shared all that, a sex offender can petition to remove his/her name from the Nevada sex offender registry under two circumstances:

1. They are a Tier 1 offender in Nevada who has registered for 10 consecutive years or more
2. They are a Tier III offender in Nevada for an offense they were adjudicated delinquent as a juvenile, and they have registered for 25 consecutive years or more.

Tier II offenders in Nevada are not eligible for early termination of their name from the list and must remain on the offender registry list for at least 25 years.

Sources:

¹NRS 179D.441
²NRS 179D.443
³NRS 179D.447
⁴NRS 179D.460
⁵NRS 193.130
⁶NRS 200.030
⁷NRS 200.366
⁸NRS 200.368
⁹NRS 200.400
¹⁰NRS 200.405
¹¹NRS 200.408
¹²NRS 200.508
¹³NRS 200.710 – NRS 200.730
¹⁴NRS 201.180
¹⁵NRS 201.210
¹⁶NRS 201.220
¹⁷NRS 201.230
¹⁸NRS 201.450
¹⁹NRS 201.560