Failure to Register as a Sex Offender
A person who is convicted of a sex crime against a child in Nevada can also be required to register as a sex offender. While registering as a sex offender can create difficulties in obtaining employment or housing for an alleged offender, failing to register can result in serious felony charges.
Under Nevada Revised Statute § 179D.441, Duty to register and to keep registration current, every offender convicted of a crime against a child and each sex offender is required to:
- Register initially with the local law enforcement agency of the jurisdiction in which the offender or sex offender was convicted as required
- Register with the appropriate law enforcement agency as required
- Keep the registration current as required
Las Vegas Failure to Register as a Sex Offender Lawyer
If you have been accused of sex crimes against a child or failing to register as a sex offender, you should immediately contact an experienced criminal defense attorney. The Law Office of Joel M. Mann represents clients in Clark County and all over Nevada who are facing sex offender registry violations.
Joel Mann understands the social stigma that comes with these allegations and provides compassionate, dedicated defense for the people he serves. He can provide a free, confidential consultation when you call (702) 474-6266 to review your case.
Nevada Failure to Register as a Sex Offender Information Center
- What conduct is considered a sexual offense in Nevada?
- What are the classifications or tiers of sex offenders in Nevada?
- What are sex offender registry requirements in Nevada?
- What are the penalties for failure to register as a sex offender in Nevada?
- What are the potential defenses to failure to register as a sex offender in Nevada?
Under Nevada Revised Statute § 179D.097, a “sexual offense” is defined as any of the following:
- First-degree murder committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age
- Sexual assault
- Statutory sexual seduction
- Battery with intent to commit sexual assault
- An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony
- An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence
- Abuse of a child involving sexual abuse or sexual exploitation
- An offense involving pornography and a minor
- Open or gross lewdness
- Indecent or obscene exposure
- Lewdness with a child
- Sexual penetration of a dead human body
- Felony luring a child or a person with mental illness
- Sex trafficking
- Any other offense that has an element involving a sexual act or sexual conduct with another
- An attempt or conspiracy to commit an offense listed above
- An offense that is determined to be sexually motivated
- An offense committed in another jurisdiction that, if committed in Nevada, would be an offense listed in this subsection, including, without limitation, an offense prosecuted in:
- A tribal court
- A court of the United States or the Armed Forces of the United States
- An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense, including, without limitation, an offense prosecuted in:
- A tribal court
- A court of the United States or the Armed Forces of the United States
- A court having jurisdiction over juveniles
The two types of charges that “sexual offense” does not include are those involving consensual sexual conduct in which the victim was either:
- An adult, unless the adult was under the custodial authority of the offender at the time of the offense
- At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense
Nevada Revised Statutes §§ 179D.113 to 179D.117 define sex offenders under the following classifications:
- Tier I Offender — Often applies to convictions for non-violent crimes that do not involve children and are not listed under Tier II or Tier III definitions
- Tier II Offender — Usually applies to non-violent crimes involving children, including felony luring a child, sexual abuse or sexual exploitation of a child, an offense involving sex trafficking, an offense involving pornography and a minor, offenses committed in other jurisdictions that if committed in Nevada would be an offense listed in this section, and an offense committed after a person becomes a Tier I offender if any of the person’s sexual offenses constitute an offense punishable by imprisonment for more than 1 year
- Tier III Offender — Applies to the most serious violent and non-violent sex crime convictions, including first-degree murder committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age, sexual assault, battery with intent to commit sexual assault, abuse of a child involving sexual abuse or sexual exploitation and victim less than 13 years of age when the offense was committed, kidnapping if victim of the offense was less than 18 years of age when the offense was committed, any sexual offense or crime against a child after the person becomes a Tier II offender, an attempt or conspiracy to commit an offense described in this section, and an offense committed in another jurisdiction that if committed in Nevada would be an offense listed in this section.
Under Nevada Revised Statute § 179D.480, an offender convicted of a crime against a child or sex offender is required to appear in person in at least one jurisdiction in which the offender or sex offender resides or is a student or worker no less frequently than:
- Annually if the offender or sex offender is a Tier I offender
- Every 180 days if the offender or sex offender is a Tier II offender
- Every 90 days if the offender or sex offender is a Tier III offender
Nevada Revised Statute § 179D.490 outlines the requirements for a convicted sex offender’s duty to register for as long as the offender or sex offender resides or is present within Nevada or is a nonresident offender or sex offender who is a student or worker within Nevada. The full period of registration, exclusive of any time during which the offender or sex offender is incarcerated or confined, is:
- 15 years for a Tier I offender
- 25 years for a Tier II offender
- Life for a Tier III offender
Under Nevada Revised Statute § 179D.550, an offender or sex offender who fails to register with a local law enforcement agency, fails to notify the local law enforcement agency of a change of name, residence, employment or student status, provides false or misleading information to the Central Repository or a local law enforcement agency, or otherwise violates the provisions of Nevada Revised Statutes §§ 179D.010 to 179D.550, is guilty of a category D felony. An offender or sex offender who commits a second or subsequent violation of this section within seven years of the first violation is guilty of a category C felony.
Sex offenders who fail to register face very serious felony charges if convicted, with punishments possibly including:
- Category D felony — Up to four years in prison and/or fines of up to $5,000
- Category C felony — Up to five years in prison with no probation or suspended sentence and/or fines of up to $10,000
Allegations of failing to register as a sex offender can certainly be very overwhelming, but there are numerous claims that can be made or objections that can be raised that can help your case. These might include, but are not limited to:
- Constitutional rights violations
- False allegations
- You have a job that required you to frequently relocate
- You were not required to register
- You did register and your data was not properly recorded or some other form of human error
Law Office of Joel M. Mann ǀ Clark County Failure to Register as a Sex Offender Defense Lawyer
The Law Office of Joel M. Mann appreciates the severity of sex crimes and fights to minimize the punishments our clients incur when facing these allegations. Our firm represents clients throughout Clark County and the greater Las Vegas area.
Joel Mann has experience representing people accused of all types of sex offenses in Nevada. Call (702) 474-6266 right now to have him review your case during a free legal consultation.