Nevada Sex Offender Records
What is a Sex Offender?
A sex offender is a person reprimanded for a crime involving sexual relations. Typically, each state in the US defines what sex violations are, which may include molestation, sexual harassment, and rape. In most cases, upon convictions, the corresponding penalties for sex crimes are incarcerations, huge fines, and compulsory registration for offenders. Registering as a sex criminal may stall one’s life because one may be denied freedom and some job opportunities. In Nevada, a person guilty of a sexual crime must register as a sex offender, and depending on the charge, it may be for life.
Nevertheless, Nevada courts may reduce or dismiss sexual offense sentences through aggressive plea bargaining. Usually, the defense attorney makes use of the following defenses during litigation and negotiation;
- No occurrence of sexual contact
- The defendant was a victim of a false accusation
- Sexual contact was consensual according to the age of consent in Nevada
Who is Considered a Sex Offender in Nevada?
An individual becomes a sex offender in Nevada when the party is convicted for violating Nevada sex crimes law. Some examples of Nevada sex offenses that may make a person qualify as a sex offender include;
- Statutory rape
- Gross and open lewdness
- Sexual assault
- Sex between pupil and college employees
- Child pornography
- Lewdness with a child under 16
- Teen sexting
- Intentional transmission of HIV
- Drug administration to aid in committing a felony (rape)
- Sale of obscene materials to minor
- Sex trafficking
- Battery to commit rape
- Felony and murder while committing the act of rape
- Indecent exposure
What are the Different Types of Sex Offenses in Nevada?
Sex offenses in Nevada range from showing body parts, rape, groping, and child pornography. In addition, any felony or misdemeanor offense with a sexual element makes the cut as a sex crime. Following the Nevada Revised Statutes, below are violations marked out sexual crimes within the state;
Engaging in Certain Sexual Acts in Public: Such acts include any sexual activity that has to do with anal intercourse, cunnilingus, or fellatio in public is against the law of public decency. Per NRS 201.190, an offender may either spend one to four years in a state prison or pay fines up to $5,000 and register as a Tier 1 sex offender. At the judge’s volition, the offender may negotiate a plea bargain to reduce the charge, but there are only four defenses to this crime;
- The act did not take place in public
- No oral or anal sex was carried out
- The defendant was younger than eighteen years
- The offender was wrongly accused
The Intentional Transmission of HIV (Human Immunodeficiency Virus): It is illegal for a person with the knowledge of having an existing HIV disease to behave in a manner that may infect others intentionally. Common behaviors like sharing sharp objects or having sex are criminal offenses. From the provisions of NRS 201.205, given that defenses like the lack of knowledge, unintentional transmission, and proper consent are not in the mix, intentional transmission of HIV is a category B felony. A person guilty of committing this violation faces penalties, including two to ten years in jail or $10,000 in fine.
Failure to Register as a Sex Offender: The Nevada Sex Offender Registry in Nevada is a body of data for residents and outsiders who have committed a sexual offense against children or adults. This database is divided into three, and each tier has a different procedure for registration.
According to NRS 179D.550, failing to register as a sex offender is a felony, and previous convictions for this crime often influence the penalties. It is a category D felony for a first violation, and it is punishable by one to four years in prison or a $5,000 fine. Furthermore, subsequent offenses not exceeding seven years from the first offense attract one to five years in prison and fines up to $10,000. Equally, as a punishment, the Nevada Department of Motor Vehicle may deny an offender the opportunity to renew their driver’s license should the party refuse to register as a sex offender.
Sexual Assault (Rape): Nevada laws under NRS 200.366 define sexual assault and rape as any action involving penetrative sex with a person who has not given consent or cannot give approval due to certain circumstances. This violation is a category A felony, and it comes with a life imprisonment sentence. Notwithstanding, before sentencing, the offender may have a chance at parole depending on the victim’s age, previous convictions, and the presence of bodily injury. Suppose the victim is 16 years old or older; the court may grant parole after ten years for a sex maniac whose victim is above 16 years and only sustained injuries.
Statutory Rape (Sexual Seduction): Statutory rape refers to sexual seduction, which is any form of penetration between an adult of 18+ years and a minor of at most 15 years. Judging from the Nevada age of consent, which is 16 years, any penetrative sex with a minor less than 16 is a crime. With respect to NRS 200.368, statutory rape is a felony when the offender is 21 or has a previous conviction for other sex crimes. Generally, the penalties for statutory rape in Nevada depend solely on the age of the offender. As a result, offenses in this manner from 21 years olds and above result in a category B felony charge. The punishment for category B felony includes paying a fine to the tune of $10,000 or one to ten years in prison.
For a defendant under 21, it is a gross misdemeanor if the offender has no former convictions, and the violation is punishable by a fine up to $2,000 or an incarceration period of up to 364 days. However, suppose the defendant has a prior sex offense conviction; in that case, it becomes a category D felony. In such instance, the penalties rise to a fine of up to $5,000 and one to four years incarceration. Statutory rape convicts must register as Tier III offenders for life, while sex violators charged for a gross misdemeanor must register as Tier I offenders.
Indecent Exposure: Basically, indecent exposure is revealing one’s genitalia, anus, or other sensitive parts of the body in public or a private place open to the general view of the public. According to NRS 201.220, a first-time offender is guilty of a gross misdemeanor. The penalties are a possible jail time and up to $2,000 in fine payment. Committing this offense for the second time makes it a category D felony which is punishable by incarceration for one to four years and fines up to $5,000. Also, offenders must register as Tier 1 sex offenders.
Open and Gross Lewdness: From the provisions of NRS 201.210, engaging in sexual activities in places where the public can see or groping and touching another individual without consent is gross lewdness. It is similar to indecent exposure but treated differently. Having sex on public transport or masturbating in public are actions that make up open and gross lewdness, except for breastfeeding mothers. Open and gross lewdness is a gross misdemeanor, and as such, it may see an offender pay a fine of $2,000 or be behind bars for 364 days.
Open and gross lewdness becomes a category D felony if;
- The offender has former convictions
- The lewdness happened in the presence of a minor or a mentally unstable individual.
However the case may be, the judge may sentence the guilty party to prison for one to four years or mandate the person to pay fines up to $5,000.
Prostitution: Under NRS 201.354, prostitution is the act of monetizing sexual activities like oral sex, anal sex, and the likes. It is a regulated and licensed line of work in Nevada as ten of the 16 counties have provisions and rights for sex workers. Nevertheless, in six counties, it is considered a crime.
The punishments for prostitution are a little vast and affect both prostitutes and customers. A prostitute gets fined $1,000 and may spend six months in jail while the customer pays fines up to $1,000, stays in prison for six months, pay additional fines of $400, and a civil penalty of $200. The severity increases if it is a 2nd or 3rd offense, and it is severe for a prostitute who knows about an HIV disease in them. The court may sentence such a sex worker to two to ten years in jail and $10,000 in fine.
Child Pornography: Under NRS 200.730, child porn is the willful attempt to produce, promote, or keep possession of sexual images and videos of children. In Nevada, child pornography is termed an “intent crime.” Nevertheless, if the court cannot prove that the intention for this engagement was to promote child porn, the charges may be dropped. However, guilty parties may go to jail for one to six years for possession of child porn materials, one to 15 years for advertising child porn, one to five years for viewing child porn, and a life sentence for using children to shoot such videos.
Sodomy: Typically, sodomy is legal and open to practice for consenting adults in Nevada. It involves having oral and anal sex. However, sodomy is only an offense and a category D felony if adults have anal or oral sex in public, as stated in NRS 201.190. The sentence for this crime includes incarceration in a state facility for one to four years, up to $5,000 in fine, and a Tier I sex offender registration.
Bestiality: Bestiality is any deliberate sexual act with an animal, and per NRS 201.455, it is a crime. Also, Nevada courts charge individuals for this crime if such persons convince others to engage in bestiality or take photographs of any form of animal-human sexual relation. It is a gross misdemeanor, and given that the animal was not hurt or killed, the offender may pay a fine of $2,000 or stay for 364 days in jail. It becomes a category D felony if the animal was killed or sustained an injury, and the defendant may go to jail for at least one year or pay a maximum of $5,000 in fines.
Incest: Incest is the sexual relationship between relatives. For example;
- A man with his child
- A female and her husband’s child
- A female and her niece or nephew
- A male and his father’s wife
Under Nevada laws, these actions are prohibited. According to NRS 201.180, incest is a category A felony, punishable by two years to life imprisonment with the possibility of parole and a $10,000 fine.
Sex Trafficking: In relation to NRS 201.300, sex trafficking revolves around forcing a person to indulge in sexual acts in exchange for money or substances of value. Typically an individual is guilty of this crime if the party;
- Uses threats, violence, or force to compel the victim into committing a sexual act.
- Transports a person with the knowledge that another party may use threats and violence to force the victim to engage in a sexual act
- Entices and transports a child below 18 to enter a brothel or carry out sexual acts.
Sex trafficking a person above 18 is a category B felony, which attracts a sentence of three to ten years imprisonment and a fine of up to $10,000. For 17-year-old persons and below, it is a category A felony, and it attracts life in prison and fines between $10,000 to $20,000.
Teen Sexting: NRS 200.737 describes sexting as sending and receiving sexual images through electronic devices, and Nevada prohibits it for minors. For teenagers, a first offense for teen sexting is not a crime, although it may result in community service, or the Division of Child And Family Service may tag the offender as a “delinquent child.” It becomes a full-fledged delinquent act if there is a subsequent offense for the same crime or the teenager begins distributing unclad images of another minor. A delinquent act is also a misdemeanor, and the penalties set for it is a maximum of six months at a county juvenile detention center.
While Nevada Statutes relating to sex crimes give full details of all the offenses and the punishment that follows each, it is still advisable to consult an attorney if a party falls into sex-related trouble. As a professional, the lawyer may provide guidance and serve as a mediator in court.
What Types of Sex Offenders Exist in Nevada?
According to NRS 179D.113 to Nev. Rev. Stat. § 179D.117, Nevada categorizes convicted sex offenders into three, ranging from the less serious to the most serious ones. The classification is based on the age of the victim as at when the crime was committed. The categories are:
Tier I Offenders (NRS 179D.113)
This tier is specifically for sex violators convicted of non-violent sex crimes. Tier 1 sex crimes include;
- Indecent exposure
- Kidnapping (first or second degree)
- Burglary with the intent to rape
- Oral or anal sex in public
- False imprisonment
Information on Tier One sex abusers whose victims were children are available to the general public, whereas details of those whose sufferers were adults are not searchable on the registry. As low-risk sex violators, Tier 1 offenders must register once a year for 15 years.
Tier II Offenders (NRS 179D.115)
Offenders classified under Tier 2 commit crimes against children (where the victim is below 18 years old). Tier 2 crimes in Nevada are;
- Sexual trafficking
- Living off a prostitute earning
- Child pornography
- Child sexual abuse involving a child at least 13 years of age
- Incest if the victim is 17 or 16
- Sexual conduct between pupils and school employees
Members of the public may access Tier 2 offenders’ information freely. Tier 2 sex maniacs must register once every 180 days for 25 years.
Tier III Offenders (NRS 179D.117)
Tier 3 is the most serious classification of sex offenders in Nevada. It is a category for sexual abusers guilty of violent sex crimes, severe sexual violations involving children, and non-parental kidnappings. Notable Tier three crimes in Nevada include;
- Sexual assault
- Child abuse (involves exploitation and sexual abuse where the victim is 12 years or younger)
- Kidnapping a child under 18
- First-degree murder (committed while attempting to perpetrate the crime of sexual assault, sexual abuse, sexual molestation of a child under 14)
- Incest with a victim younger than 16
- Statutory sexual seduction when the defendant is at least 21, lewdness with a child under 14
Tier 3 sex offenders must register at least once every 90 days for life, and their information is accessible to members of the public.
How To Find a Sex Offender Near Me in Nevada
Under NRS 179B.200, the Nevada Department of Public Safety director is responsible for creating within the central repository a statewide registry of sex offenders and other criminal violators convicted of a crime against children. The statewide registry contains the records of registrants and all additional information obtained through law concerning each violator.
Therefore, the Nevada Sex Offender Public Website, which is available electronically, hosts the details of registered sex offenders in the state. To find a sex abuser nearby, an interested party may search through the Nevada Sex Offender Registry. Alternatively, interested parties may make requests via email at email@example.com, by mail, or by calling the State Sex Offender Registry on (775) 684-6262 to speak to an investigator.
What Happens When You Register as a Sex Offender in Nevada?
Upon release from parole or probation, convicted sex offenders in the State of Nevada must register with local law enforcement agencies within 48 hours of release and have the parole officer or probation officer (PO) approve residences. Nevertheless, sex offenders on parole or probation may live with their families. However, a sex violator cannot live in a place with more than three former inmates unless it is a transitional housing facility, i.e., a halfway house.
Furthermore, sex maniacs convicted of Tier III crimes face harsher residency restrictions. Also, Tier III offenders under parole or probation may be monitored electronically and may not live within 1,000 feet of any place meant to be used predominantly by or for children. Public or private schools, school bus stops, child care facilities, and video arcades are a few examples.
Additionally, all convicted sex deviants on parole or probation must adhere to the following residency restrictions;
- Consent to warrantless searches of homes by parole officers
- Follow the curfew imposed by the PO
- The PO must approve the request before a P.O. Box can be issued
- Sex violators must not contact persons under 18 in a secluded area unless the minor is accompanied by adults without criminal records for sexual offenses.
What is the Nevada Sex Offender Registry?
The Nevada Sex Offender Registry contains a record of sex offenders living, working, or studying within Nevada. The registry includes tier 3 sex offenders, tier 2 sex offenders, and tier 1 sex offenders whose victims were minors. Chapter 179D Section 441 of the Nevada Revised Statutes requires the registration of sex offenders. The period the offender is required to register for depends on the type of offense. Tier 1 offenders are to register for 15 years, tier 2 offenders are to register for 25 years, while tier 3 offenders are to register for life. Offenders subject to registration are also required to update any change of name, residence, employment, or student status within two business days. The failure to comply with registration requirements is a felony offense in Nevada.
Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:
- The full name on the record of choice
- The last known or current address of the named individual
- The address of the requestor
Who Runs the Nevada Sex Offender Registry?
The Nevada Department of Public Safety maintains the sex offender registry in the state. Chapter 179B Section 250 of the Nevada Revised Statutes requires the Department to establish and maintain a website to provide information on sex offenders n the state. The registry does not include every person who has been convicted for a sex offense residing in Nevada. It only includes offenders who are in compliance with the registration requirement. Also, it includes tier 3, tier 2, and tier 1 offenders whose victims were not adults at the time of the offense. There are over 2,500 individuals residing in Nevada who are not in compliance with the registration requirement.
Who Can View the Nevada Sex Offender Registry?
The Nevada sex offender registry is available to all members of the public. Interested persons can search the registry by name, location, or vehicle. Name searches are to be carried out with a first name and last name. Location searches may be carried out either with an address or a zipcode. The user may search up to one, two, or three miles from the address or zip code. Vehicle searches may be carried out with the license plate of the vehicle.
Members of the public can also register for a notification alert by email when any sex offender moves into the community. The individual may choose to be notified if the sex offender is within one mile, two miles, or three miles.
What are the Sex Offender Laws in Nevada?
Sex offender laws in Nevada are contained in the Nevada Revised Statutes. The laws regulate the sentencing, registration, and monitoring of sex offenders in Nevada. There is also Megan's law.
What is Nevada’s Megan’s Law?
Megan’s Law allows law enforcement agencies to disseminate information on sex offenders to the public. The law was named after Megan Kanka--a seven-year-old victim to a known child molester.
In 2007, the Nevada state legislature passed Assembly Bill 579 and Senate Bill 471 to implement the federal Adam Walsh Act of 2006. The Adam Walsh Act provides a sex offender registration and notification system, with three tiers of classification for sex offenders depending on their offenses. Offenders in the higher tier are required to physically present themselves to law enforcement more frequently. Nevada’s law provides for three levels of community notification if a known sex offender is present in the community.
- The first tier is for offenders with a low risk of recidivism. The local law enforcement agency is required to notify other law enforcement agencies that may come across the offender of the offender’s sex offender status.
- The second tier is for offenders with a moderate risk of recidivism. The local law enforcement agency is to additionally notify schools, religious organizations, and youth organizations likely to come across the offender.
- The third tier is for offenders with a high risk of recidivism. In addition to the requirements of notification for tier 1 and tier 2, the local law enforcement agency is to notify the community through appropriate means.
The Assembly Bill 579 and the Senate Bill 471 introduced the following.
- A requirement for a notification system for each of three tiers of sex offenders. The tiers should be determined by the sexual offense.
- A requirement for sex offenders to present themselves to local law enforcement every 90 days in the case of a tier 3 offender, 180 days in the case of a tier 2 offender, and annually in the case of a tier 1 offender.
- A requirement for electronic monitoring of some sex offenders.
- Prohibition of sex offenders taking residence within 1,000 feet of places frequented by children.
- Prohibition of sex offenders from knowingly being within 500 feet of places frequented by children.
- Making juveniles subject to the registration and notification requirements.
How Long Do Sex Offenders Have to Register in Nevada?
Sex offenders in Nevada may be required to register for 15 years, 25 years, or for their lifetime, depending on the offender’s tier. Tier 1 offenders are required to register for 15 years. After registration for 10 years and complying with certain conditions, a tier 1 offender may petition the District Court for relief from the registration requirement. Tier 2 offenders are to register for 25 years. Tier 3 offenders are to register for their lifetime. Juveniles classified as tier 3 offenders may petition the District Court for relief from registration requirements after 25 years of complying with the registration requirement.
Can a Sex Offender Live With Their Family in Nevada?
There is no law in Nevada preventing sex offenders from living with their families. However, if a family member has obtained a court order against the sex offender or the family member is a former victim, the sex offender may be unable to live with the family member.
Do Sex Offenders have to Notify Neighbors in Nevada?
Sex offenders in Nevada are not required by law to inform their neighbors of their sex offender status. However, they are required to register with the sex offender registry. Sex offenders need to provide their name, aliases, social security number, home address, work address, and license plate number. The offender should inform the registry of any change to any information provided within two business days. The Nevada Revised Statute criminalizes failure to register with the sex offender registry, failure to notify the registry of any change of information, or providing false information. The offense is a class D felony and the sex offender can use forgetfulness as a defense. The penalty for a first-time offender includes an imprisonment term of one to four years in the Nevada State Prison, a fine up to $5,000, or both imprisonment and a fine. Offenders who fail to register more than once within seven years may be imprisoned for life. If the offender was too incapacitated to comply, this may be used as a defense.
Law enforcement agencies may notify neighbors of the offender’s status if they believe the neighbors are potentially in danger. Public access to the sex offender registry is also provided. Interested persons can search through the registry by name, address, ZIP code, or vehicle license plate number. There is an email notification system, which notifies individuals if a sex offender registers an address within one, two, or three miles of the location entered.
Do Sex Offenders Have to Put Up a Sign in Their Yard in Nevada?
Sex offenders in Nevada do not have to put up a sign in their yard informing the public of their status. However, they may be placed under supervision. Sex offenders may be required to submit to searches by parole or probation officers at any time of the day or night to determine if they are complying with conditions imposed on them. Also, locations used for residence should be approved by the parole or probation officer. Sex offenders in Nevada cannot use aliases or fictitious names to identify themselves.
How Close Can a Sex Offender Live to a School in Nevada?
Generally, Nevada sex offender law does not prohibit sex offenders from living close to a school or other facilities primarily for children. However, sex offenders require their residency approved by their parole or probation officer. Also, tier 3 offenders are prohibited from residing within 1,000 feet of locations frequented by children. These places include the following.
- Public or private schools
- School bus stops
- Daycare centers or childcare facilities
- Amusement parks
- Athletic fields or a facility for youth sports
Tier 3 sex offenders are also prohibited from knowingly being within 500 feet of such places except approved by the offender’s parole or probation officer.
Can you Expunge a Sex Offender Charge in Nevada?
Some sex offender charges may be expunged in Nevada, while some others may not be expunged. The certain circumstances that should be present for an expungement successfully carried out.
- The conviction has been set aside. Nevada Revised Statute Chapter 179 Section 255 allows the expungement of records if a conviction is set aside.
- The offender was convicted of a prostitution-related offense if the offender was a victim of human trafficking or involuntary servitude and is no longer in that position.
- The offender was a juvenile when the offense was committed. Nevada Revised Statute Chapter 62H Section 140 provides for the sealing of juvenile records upon attainment of the age of 21. Some sexual offenses cannot be sealed until the offender reaches the age of 30 according to Nevada Revised Statute Chapter 62H Section 150. In determining whether the records should be expunged, the court would consider whether the offender has been convicted of a crime involving moral turpitude and if the offender has been rehabilitated.
How to Look Up Sex Offenders in Nevada
Interested persons can lookup sex offenders in Nevada by using the online sex offender registry. Users can search the registry by name, location, or vehicle. The registry contains information on sex offenders who are compliant with registration requirements and whose identities may be disclosed to the public. The identities of tier 1 offenders whose victims are not minors are not disclosed to the general public. The registry contains information on tier 3 offenders, tier 2 offenders, and tier 1 offenders whose victims were minors.
Searches by name are carried out with the first name and last name. Searches by location can be carried out either with an address or a zipcode. Users can also choose whether to find offenders within a mile, two miles, or three miles. For searching by vehicle, the user can search with license plates. There is also an email notification system. Interested persons can register to be notified by email when a sex offender registers a residence within one, two, or three miles of the location selected.
The information provided includes the offender’s full name, aliases, tier level, physical description, primary address, and conviction details. The information provided should not be the basis for any attack or assault. It is merely for information purposes. The information can also be obtained by phone by calling the State Sex Offender Registry at (775) 684-6262.
Is Public Urination A Sex Offense In Nevada?
Public urination is a sex offense in Nevada. The charge is usually brought as indecent exposure. The crime of indecent exposure is committed in Nevada if an individual makes any open and indecent or obscene exposure of their person or the person of another. The first offense is a gross misdemeanor, punishable by up to 364 days in jail, up to $2,000 in fines, or both. A subsequent offense is a Category D Felony, punishable by one to four years imprisonment, up to $5,000 in fines, or both. The offender would be required to comply with the registration requirements for tier 1 offenders. However, the offender’s identity would not be available to the public unless a minor was a victim of the crime.
There are also municipal laws in different cities in Nevada prohibiting public urination. The Las Vegas Municipal Code prohibits public urination and makes it punishable by six months in jail, a fine between $100 and $1,000, or both.
How to Report a Sex Offender in Nevada
A sex offender can be reported to the local law enforcement agency if they violent the registration requirement. This may be done if the sex offender failed to register, registers wrong information, or does not update a change of information. Individuals may also report violations of the law such as residing close to a school for children or have close contact with children. The Department of Public Safety provides contact details of law enforcement agencies across Nevada. The Department may also be contacted directly at:
333 W. Nye Lane, Suite 100
Carson City, NV 89706
Phone: (775) 684-6262