Nevada “Sex Offender Registration” System – A Legal Guide

Classification of Nevada sex offender	Frequency and length of sex offender registration requirement
Tier III offenders (NRS 179D.117) Violent sex crimes, non-parental kidnapping, and the most serious crimes against children.	Every 90 days for life identity is publicly searchable
Tier II offenders (NRS 179D.115) Certain crime(s) against children	Every 6 months for 25 years identity is publicly searchable
Tier I offenders (NRS 179D.113) Crime(s) not considered Tier II or Tier III offenses	Every year for 15 years identity is not publicly searchable unless the victim was a child

Failing to register as a sex offender (NRS 179D.550) is a separate crime. It carries possible prison time. Certain offenders may be eligible for early termination of sex registry requirements.

Currently, there are about 7,300 convicted sex offenders in Nevada. Being a convicted sexual offender carries a social stigma. Plus it could ruin the defendant’s future employment and living prospects. Though it may be possible to fight the charges.

In this article, our Las Vegas criminal defense attorneys answer the following faqs re. the Nevada Sex Offender Registry. Click on a topic below to jump to that section, and listen to our informative podcast:

• 1. What is the Nevada Sex Offender Registry?
• 2. How are sex offenders classified?
  • 2.1. What is a Tier III sex offender in Nevada?
  • 2.2. What is a Tier II sex offender in Nevada?
  • 2.3. What is a Tier I sex offender in Nevada?
• 3. What are the sex offender registration requirements?
• 4. What happens if an offender fails to register?
• 5. How can someone get removed from the registry?
• 6. How can someone search the registry?
• 7. Does Nevada have Megan’s Law?
• 8. Can a sex offender visit Nevada?
• 9. How do I find out if sex offenders live near me?

1. What is the Nevada Sex Offender Registry?

The Nevada Sex Offender Registry is a public database. It includes people convicted of certain sex offenses as well as certain crimes against children.

People search the database to see if there are offenders nearby. The Registry also goes by the name Adam Walsh Registry.

Tier III and Tier II offenders are publicly searchable on the community notification website. Tier I offenders are searchable when the victim is a child. Tier I offenders where the victim is an adult are not searchable.¹

2. How are sex offenders classified?

Nevada law has three categories of convicted sex offenders. From most serious to least serious, they are:

1. Tier III (a.k.a. level 3);
2. Tier II (a.k.a. level 2); and
3. Tier I (a.k.a. level 1).

What tier a person is assigned to depends on the specific crime they were convicted of, not on whether they are considered high-risk or low-risk of reoffending.

2.1. What is a Tier III sex offender in Nevada?

Tier 3 classification is the most serious. It is for violent sex crimes, non-parental kidnapping, and serious crimes involving children. Especially young children.

Specifically, Tier 3 crimes include:

• 1st-degree murder (NRS 200.030) committed in the (attempted) perpetration of sexual assault, sexual abuse, or sexual molestation of a child under 14 years old;
• Sexual assault (NRS 200.366) (a.k.a. rape);
• Battery with intent to commit sexual assault (NRS 200.400);
• Child abuse (NRS 200.508),  and it involves sexual abuse or exploitation. Plus the victim is 12 or younger;
• Kidnapping (NRS 200.310) a child less than 18. Unless the offender is the parent or guardian of the victim;
• Any sexual offense under NRS 179D.097. Or crime against a child under NRS 179D.0357. Plus the defendant had already been classified as a Tier 2 offender;
• Any crime similar to or more severe than in 42 U.S.C. § 16911(4); and
• An attempt (NRS 193.153) or a conspiracy (NRS 199.480) to commit any of the above

According to the U.S. Department of Justice’s review of Nevada sex offender law, level 3 offenses also include:

• Incest (NRS 201.180) with a victim younger than 16;
• Lewdness with a child (NRS 201.230) under 14; and
• Statutory sexual seduction (NRS 200.368) when the defendant is at least 21. (This is also called statutory rape.)

Level III offenders are publicly searchable through the Nevada sex offender registry. As discussed in the next section, Tier 3 offenders must register at least once every 90 days for life.²

Learn more about Tier III sex offenders in Nevada (NRS 179D.117).

2.2. What is a Tier II sex offender in Nevada?

Tier 2 classification is for crimes against children. Specifically, Tier 2 crimes include the following only if the victim is under 18 years of age:

• Luring (NRS 201.560) if punished as a felony;
• Child abuse involving sexual abuse or exploitation of a child at least 13;
• Sex trafficking (NRS 201.300) (formerly known as pandering);
• Living off the earnings of a prostitute;
• Child pornography (“child sexual abuse material” or CSAM), including:

• • Using a child to produce pornography (NRS 200.710)
  • Promoting a sexual performance of a child (NRS 200.720)
  • Advertising or distributing child pornography (NRS 200.725)
  • Controlling the internet to watch child pornography (NRS 200.727)
  • Possessing child pornography (NRS 200.730);

• Any offense comparable or more severe than those in 42 U.S.C. § 16911(3); and
• An attempt or conspiracy to commit any of the above;

Additionally, level 2 crimes include the following felonies:

• False imprisonment (NRS 20.460) of a child. Unless the defendant is the child’s parent or guardian;
• Involuntary servitude of a child under NRS 200.4631. Unless the defendant is the child’s parent or guardian; and
• An attempt to commit any of the above

According to the U.S. Department of Justice’s review of Nevada sex offender law, Tier 2 offenses also include:

• Incest if the victim is 16 or 17;
• Lewdness with a child aged 14 or 15;
• Sexual conduct between school employees and pupils (NRS 201.540); and
• Sexual conduct between college employees and pupils (NRS 201.550)

Finally, level 1 offenders get reclassified as Tier 2 if they are later convicted of a felony Tier 1 offense. See the next subsection for a list of level 1 offenses.

Tier 2 offenders are publicly searchable. As discussed in the next section, Tier 2 offenders must register once every 180 days for 25 years.³

Learn more about Tier 2 sex offenders in Nevada (NRS 179D.115).

2.3. What is a Tier I sex offender in Nevada?

Tier 1 classification is generally reserved for defendants convicted of non-violent sex crimes.

Specifically, Tier 1 crimes include the following:

• Statutory sexual seduction if the defendant is less than 21 years old;
• Administering drugs to another in the commission of a violent crime (NRS 200.408);
• Administering drugs to another in the commission of a felony (NRS 200.405);
• Open or gross lewdness (NRS 201.210);
• Indecent exposure (NRS 201.220);
• Sexual penetration of a human corpse;
• Any other offense that has an element involving a sexual act or sexual conduct with another; and
• An attempt or conspiracy to commit any of the aforementioned crimes

In addition, Tier 1 crimes include the following offenses if they are sexually motivated:

• Coercion (NRS 207.190);
• Kidnapping (first or second degree);
• False imprisonment (first or second degree); and
• Burglary (NRS 205.060)

3. What are the sex offender registration requirements?

Adjudicated sex offenders in Nevada must:

1. Register with the local police / sheriff’s office. This check-in must occur within 48 hours of getting released. It includes submitting fingerprints, palm prints, and DNA samples;
2. Inform local police within 48 hours of any changes. This includes names, residence, address, employment, or student status. (For example, see the Las Vegas Metropolitan Police Department (LVMPD) Sex Offender registration page.);
3. Inform local police when in a location for longer than 30 days after reporting a visit of fewer than 30 days;
4. Submit an annual verification form; and
5. Regularly appear in person at a local police station:
   1. Tier 1 offenders must register once a year for 15 years;
   2. Tier 2 offenders must register once every 180 days for 25 years;
   3. Tier 3 offenders must register once every 90 days for life ⁵

Otherwise, offenders face additional felony charges. (As discussed in the next section.)

Note that offenders need to renew their driver’s licenses annually. Plus out-of-state offenders must abide by Nevada’s registration requirements while in Nevada.⁶

4. What happens if an offender fails to register?

It is a felony not to register as a sex offender as required at the local law enforcement agency. The penalty depends on whether the person has previous convictions for failing to register:

Failure to Register as a Sex Offender in Nevada	Penalties
First offense	Category D felony 1 – 4 years in Nevada State Prison up to $5,000 (at the judge’s discretion) The judge may grant probation in lieu of incarceration.
Subsequent offense (within 7 years of the first)	Category C felony 1 – 5 years in prison up to $10,000 (at the judge’s discretion) The judge may not grant probation instead of incarceration.

The Nevada DMV will also deny people a renewal of their driver’s license if they fail to register with the police department.⁷

5. How can someone get removed from the registry?

Early termination of Nevada sex offender registration requirements may be possible if:

• The person is a level I offender who has registered for at least 10 consecutive years; or
• The person is a level III offender who has registered for at least 25 years, and the underlying offense was a juvenile delinquency
  

(There is no way for Tier II offenders to shorten their requirement to register for 25 years.)

In order to be considered for early termination, eligible Tier I or Tier III offenders must meet the following four requirements:

1. Have not been convicted of another felony (or other crime carrying potentially more than 1 year in prison);
2. Have not been convicted of any other sex crime;
3. Have completed any periods of supervised release, probation or parole; and
4. Have completed a sex offender treatment program certified by the state of Nevada or the Attorney General of the United States.

Note that early termination of registration requirements is not automatic. The person must file a petition in the local district court, and the court will hold a hearing to decide whether to grant the petition.⁸

Also note that early termination does not:

• Seal the criminal record,
• Restore gun rights, or
• Remove the duty to disclose past convictions on job and housing applications

Though it may be possible to get civil rights and gun rights restored through a Nevada pardon.

6. How can someone search the registry?

In order to access the Registry, the public can either go to the Nevada Department of Public Safety website www.nvsexoffenders.gov or call 775-684-6262. The public can also email the Registry at [email protected] or write a letter to:

Nevada SOR

333 W. Nye Lane, Suite 100

Carson City, NV 89706

The public can search the Registry in any of the following four ways:

1. By first and/or last name;
2. By zip code;
3. By one, two, or three miles within a specific address; or
4. By license plate number

The Registry provides the following information about level II and III offenders as well as level I offenders with child victims:

• Name and known aliases;
• Date of birth;
• Gender;
• Primary address and other addresses (such as employer or school);
• Physical description (race, height, weight, hair color, eye color, scars, tattoos, other marks);
• Photographs;
• Tier Level (only levels II and III as well as level I with a child victim are searchable on the registry); and
• Criminal history information (conviction date, description, court, name convicted under, city-township of conviction, location of penal institution and/or hospital, and statute violated)

State workers try to keep the Registry as updated and correct as possible, but there are some errors. Contact the Registry Central Repository in Carson City at 775-684-6262 to inform them of inaccuracies about registered sex offenders.

Note that people may not search the registry to determine whether a person is eligible for:

• Insurance, including health insurance
• Loans
• Credit
• Employment
• Education, scholarships or fellowships
• Housing or accommodations
• Benefits, privileges or services provided by any business establishment.

Misusing registry information carries costly civil penalties.⁹

7. Does Nevada have Megan’s Law?

Nevada’s sex offender registry serves the same purpose as California’s Megan’s Law by making information about registered sex offenders available to the public.

8. Can a sex offender visit Nevada?

Sex offenders may visit Nevada. However they must register with local law enforcement within 48 hours of their arrival. The registry will show their address, that they are a visitor, and how long their stay will be.

Some sex offenders are not allowed to leave their state, so they should make sure they have travel privileges before leaving for Nevada.

9. How do I find out if sex offenders live near me?

Go to the Kids Live Safe website, which allows people to search for nearby sex offenders by zip code.

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Legal References