“Tier 1” Sex Offenders in Nevada – How It Works

Tier 1 is the least serious class of sex offenders in the Nevada Sex Offender Registry. Being in Tier I means you must

1. register for 15 years and
2. personally check in with local law enforcement once per year.

However, your identity is not publicly searchable in the database unless the victim in the case was a child.

Tier I status applies to certain non-violent sex crimes, such as

• open or gross lewdness,
• indecent exposure, and
• statutory sexual seduction (NRS 200.368) when the defendant is under 21 years old.

The language of the statute reads that:

Tier I offender means an offender convicted of a crime against a child or a sex offender other than a Tier II offender or Tier III offender.

Failing to register as a sex offender in Nevada (NRS 179D.550) is a felony. But Tier 1 offenders may be able to get off the Nevada Sex Offender Registry early if they were compliant for 10 years.

In this article, our Las Vegas criminal defense attorneys explain the Nevada laws for Tier I offenders under NRS 179D.113:

• 1. Overview
• 2. Length of Registration
• 3. Public Searches
• 4. Tier I Crimes
• 5. Penalties for Failing to Register
• 6. Early Removal
• Additional Resources

Also see our articles on Tier II offenders (NRS 179D.115) and Tier III offenders (NRS 179D.117).

1. Overview

Tier 1 is the least serious category of sex offender in Nevada. Defendants get classified as Tier 1 following convictions of any sex crimes or crimes against children that are not ranked as Tier 2 or Tier 3.¹

Historically, under Megan’s Law, Tier 1 was synonymous with having a “low risk” of re-offending. But currently, under the Adam Walsh Act in 2018, defendants are considered Tier 1 based only on the specific criminal offenses they are convicted of.²

2. Length of Registration

Tier 1 sex offenders in Nevada are required to register for 15 years (scroll down to section 6 for information on how to lower the time period to 10 years).³ Additionally, Tier 1 offenders have to personally check in with the police once a year.⁴

There are also some requirements that all convicted sex offenders have to abide by:

1. Registering with the local police within 48 hours of being released from jail or prison;
2. Notifying the local police within 48 hours of a change of name, residence, address, employment, or student status;
3. Notifying the local police when they are extending a stay that was originally less than 30 days; and
4. Submitting a verification form every year (that includes a photograph and fingerprints)⁵

Also, Tier 1 offenders who plan to keep driving must renew their driver’s license once a year.⁶

3. Public Searches

Tier 1 offenders are not publicly searchable on the Nevada Sex Offender Registry database unless the victim was a child. Note that all Tier 2 and Tier 3 offenders are publicly searchable on the database.

4. Tier I Crimes

NRS 179D.113 defines Tier 1 offenders as having been convicted of any of the following Nevada offenses:

• open or gross lewdness;
• indecent exposure;
• statutory sexual seduction (a.k.a. statutory rape) if the defendant is under 21 years old;
• administering drugs to another in commission of a violent crime (NRS 200.408);
• administering drugs to another in commission of a felony (NRS 200.405);
• sexual penetration of a human corpse; and
• any other offenses that have an element involving a sexual act or sexual conduct with another (and that are not considered Tier II or Tier III crimes). Examples presumably include:
  • luring (NRS 201.560) if the victim is mentally ill;
  • having oral or anal sex in public (NRS 201.190), (which is also called sodomy); or
  • bestiality (NRS 201.455)

An attempt (NRS 193.153) or conspiracy (NRS 199.480) to commit any of the aforementioned crimes also qualifies as a Tier 1 offense. In addition, Tier 1 crimes include the following if they are sexually motivated:

• coercion (NRS 207.190);
• kidnapping (NRS 200.310) (first or second degree);
• false imprisonment (NRS 200.460) (first or second degree); and
• burglary (NRS 205.060)

Note that people convicted of similar crimes in another state or jurisdiction will be categorized as Tier 1 offenders if they ever travel or move to Nevada.⁷

5. Penalties for Failing to Register

Tier I offenders will be charged with a Nevada felony for not registering as required:

The Nevada DMV also punishes drivers who fail to register by refusing to renew their driver’s licenses.⁸

6. Early Removal

Tier 1 offenders must meet four conditions in order to be eligible for early removal from the Registry in Nevada:

1. the person has registered for at least 10 consecutive years;
2. the person has not picked up any new convictions for a sex crime, felony, or any crime carrying potentially more than one year of incarceration;
3. the person must have finished any periods of supervised release, probation or parole; and
4. the person must have finished a sex offender treatment program certified by the state of Nevada or the Attorney General of the United States.

In order to apply for early termination of registration requirements, Tier I offenders must first file a formal petition in court. Then the court will hold a hearing on the matter.⁹

Additional Resources

If you or a loved one is struggling with sex addiction or related disorders, refer to the following:

• Sex Addicts Anonymous (SAA) – 12-step program to overcome sex addiction.
• Nevada Sex Offender Housing Resources – Housing options for registered sex offenders in Nevada.
• Sex Addiction Treatment – Article by American Addiction Centers about the efficacy of sex addiction treatment.
• Signs of a Sex Addict – WebMD article on the commonalities that sex addicts share.
• Sex Addiction, Hypersexuality and Compulsive Sexual Behavior – Cleveland Clinic article about the traits associated with sex addiction.

Legal References