Nevada’s Sex Offender Tiers – And What They Mean
Individuals who are convicted of sex crimes in Nevada face serious punishment including prison sentences and fines. In addition, Nevada law requires sex offenders to add their names to a public database known as the Nevada State Sex Offender Registry.
This database provides information about the whereabouts of convicted sex offenders. Its goal is to protect the public and serve as a deterrent. Being declared a registered sex offender is a serious matter that impacts a person’s ability to find employment and a place to live.
In Nevada, sex offenders are classified into tiers that are based on the seriousness of the crime and other aspects of the person’s criminal history. Here’s what you need to know about the sex offender registry in Nevada.
Nevada’s Sex Offender Registry
The Attorney General establishes criteria for the registry based on advice from a seven-person commission appointed by the governor and the legislature. Under the law, a person convicted of a sexual offense must register with local law enforcement within 48 hours of the entry of conviction or getting released from custody following a prison sentence.
The Nevada State Sex Offender Registry includes ongoing obligations. If convicted sex offenders wish to go somewhere else in Nevada for more than two days, for instance, they must first inform local law enforcement. They must also inform law enforcement within 48 hours of change of address, re-verify their status every year, and report in with local law enforcement at regular intervals.
Failing to register, no matter the reason, is a Class D felony that can lead to additional prison time.
Sex Offender Tiers (And What They Mean)
The Nevada State Sex Offender Registry classifies offenders into three tiers, according to the seriousness of the offense and the offender’s criminal history. The classifications establish the length of time offenders must remain registered and the requirements for reporting to law enforcement.
Tier I Offenders
Under Nevada law, Tier 1 offenders are considered to be at low risk of repeating their crimes. Generally speaking, this category covers “non-violent” offenses such as seduction of an underage person, public lewdness, or indecent exposure. By definition, a Tier 1 offender is any sex crime not specifically mentioned in Tier 2 or Tier 3 categories. Nevada law requires Tier 1 offenders to register for 15 years and check in with local police every 12 months.
You may lower the amount of time your name appears on the registry to 10 years under certain circumstances. Let the criminal defense attorneys at De Castroverde Criminal & Immigration Lawyers assess your case and put you in a position to request a fair downward reduction. Tier 1 offenders are not publicly searchable on the Internet.
Tier II Sex Offenders
Tier 2 sex offenders have been convicted of sex crimes carrying a punishment of at least one year in prison and have been determined to be at moderate risk of committing another crime. Tier 2 sex offenses include crimes against children, such as child sex abuse, luring, sex trafficking, or prostitution and sex trafficking.
Under Nevada law, a Tier 2 sex offender must register for 25 years. They are also required to check in with local police every six months, re-verify every year, and renew their driver’s licenses every year. Tier 2 offenders are publicly searchable on the Internet. The sex offender database will include the names of the offenders, their addresses, physical descriptions, photographs, and other identifying information.
Tier III Sex Offenders
Tier 3 sex offenders face the most severe requirements under the Nevada State Sex Offender Registry. Someone who is a Tier 3 offender has been convicted of sexual assault, murder during the commission of a sexual assault, battery with intent to commit sexual assault, sexual abuse, non-parental kidnapping, and other specified acts.
Tier III offenders must remain on the Sex Offender Registry for life. It’s very unusual for those requirements to be reduced, and an offender cannot request a reduction until they have been registered for 25 straight years. Tier III offenders also must report to local law enforcement every 90 days. Their names, addresses, photographs, physical descriptions, and other identifying information are also available
What Constitutes a Sex Crime in Nevada?
Nevada law specifies those crimes that require registering as a sex offender. The requirement extends to individuals convicted of attempting or conspiring to commit any of these crimes. Individuals convicted of similar crimes in other states who relocate to Nevada also must register. According to the Nevada State Police, here are the crimes requiring registration:
- Abuse, neglect, or endangerment of a child.
- Giving a controlled substance to someone intending to commit a crime of violence.
- Battery during the commission of a sexual assault.
- Indecent or obscene exposure.
- Lewdness with a child.
- Luring a child or mentally ill person.
- Child pornography.
- Sexual assault.
- Statutory sexual seduction.
- First-degree murder committed during a sexual assault or attempted sexual assault.
- Sex trafficking.
Individuals who have been convicted of similar crimes in other states and who have moved to Nevada must also register as sex offenders and follow other requirements of the law, such as regular check-ins with law enforcement.
What Are the Penalties for a Sex Crime Conviction?
Punishments for sex crime convictions vary depending on the offense involved. A charge of sexual assault is considered a Class A felony, punishable by up to life in prison without the possibility of parole. Other sex crimes have penalties set based on the nature of the conduct. Statutory rape, for instance, is a Class B felony, with a sentence of one to 10 years; lewdness is a misdemeanor with a sentence of up to a year in jail.
Get the Quality Representation You Deserve From De Castroverde Criminal & Immigration Lawyers
Being accused of a sex crime is a serious matter that requires the assistance of an experienced criminal defense attorney. At De Castroverde Criminal & Immigration Lawyers, serving Las Vegas and other parts of Nevada, our team is ready to stand by your side to make sure you receive the representation you deserve. Our team includes former prosecutors who understand how a case is put together.
We will work with you to understand the facts, gather the evidence, put together a defense and seek the best possible resolution. We have experience in a broad range of practice areas, from arson to traffic tickets and weapons offenses. Call us today for a consultation or contact us online.