Nevada Laws
Click here for Definitions
Laws
179D.060. "Offense that poses a threat to the safety or well-being of others" defined.1. "Offense that poses a threat to the safety or well-being of others" includes, but is not limited to, an offense that involves:
(a) A victim less than 18 years of age;
(b) A crime against a child as defined in NRS 179D.210;
(c) A sexual offense as defined in NRS 179D.410;
(d) A deadly weapon, explosives or a firearm;
(e) The use or threatened use of force or violence;
(f) Physical or mental abuse;
(g) Death or bodily injury;
(h) An act of domestic violence;
(i) Harassment, stalking, threats of any kind or other similar acts;
(j) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or
(k) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
2. The term includes any offense listed in subsection 1 that is committed in this state or another jurisdiction, including, but not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
179D.400. "Sex offender" defined.
1. "Sex offender" means a person who, after July 1, 1956, is or has been:
(a) Convicted of a sexual offense listed in NRS 179D.410; or
(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subsection 19 of NRS 179D.410.
2. The term includes, but is not limited to:
(a) A sexually violent predator.
(b) A nonresident sex offender who is a student or worker within this state.
179D.450. Registration after conviction; duties and procedure; sex offender informed of duty to register; effect of failure to inform; duties and procedure upon receipt of notification from another jurisdiction or Federal Bureau of Investigation.
1. If the Central Repository receives notice from a court pursuant to NRS 176.0927 that a sex offender has been convicted of a sexual offense or pursuant to NRS 62F.250 that a juvenile sex offender has been deemed to be an adult sex offender, the Central Repository shall:
(a) If a record of registration has not previously been established for the sex offender, notify the local law enforcement agency so that a record of registration may be established; or
(b) If a record of registration has previously been established for the sex offender, update the record of registration for the sex offender and notify the appropriate local law enforcement agencies.
2. If the sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to NRS 62F.250 and is not otherwise incarcerated or confined:
(a) The Central Repository shall immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender resides in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction; and
(b) If the sex offender is subject to community notification, the Central Repository shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.
3. If a sex offender is incarcerated or confined and has previously been convicted of a sexual offense as described in NRS 179D.410, before the sex offender is released:
(a) The Department of Corrections or a local law enforcement agency in whose facility the sex offender is incarcerated or confined shall:
(1) Inform the sex offender of the requirements for registration, including, but not limited to:
(I) The duty to register in this state during any period in which he is a resident of this state or a nonresident who is a student or worker within this state and the time within which he is required to register pursuant to NRS 179D.460;
(II) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;
(III) If he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;
(IV) The duty to notify the local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction, or changes the primary address at which he is a student or worker; and
(V) The duty to notify immediately the appropriate local law enforcement agency if the sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education; and
(2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him and to forward the form to the Central Repository.
(b) The Central Repository shall:
(1) Update the record of registration for the sex offender;
(2) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive; and
(3) Provide notification concerning the sex offender to the appropriate local law enforcement agencies and, if the sex offender will reside upon release in a jurisdiction which is outside of this state, to the appropriate law enforcement agency in that jurisdiction.
4. The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.
5. If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing or is a student or worker within this state, the Central Repository shall:
(a) Immediately provide notification concerning the sex offender to the appropriate local law enforcement agencies;
(b) Establish a record of registration for the sex offender; and
(c) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.
179D.490. Duration of duty to register; termination of duty; procedure; exceptions.
1. A sex offender shall comply with the provisions for registration for as long as the sex offender resides or is present within this state or is a nonresident sex offender who is a student or worker within this state, unless the duty of the sex offender to register is terminated pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 5, if a sex offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may file a petition to terminate his duty to register with the district court in whose jurisdiction he resides or, if he is a nonresident sex offender, in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the central repository establishes a record of registration for the sex offender or the date that the sex offender is released, whichever occurs later.
3. If the sex offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the sex offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.
4. If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.
5. A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:
(a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931;
(b) Has been declared to be a sexually violent predator; or
(c) Has been convicted of:
(1) One or more sexually violent offenses;
(2) Two or more sexual offenses against persons less than 18 years of age;
(3) Two or more crimes against a child, as defined in NRS 179D.210; or
(4) At least one of each offense listed in subparagraphs (2) and (3).
