NRS: CHAPTER 179D - REGISTRATION OF SEX OFFENDERS AND OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD; COMMUNITY NOTIFICATION OF SEX OFFENDERS

[Rev. 3/10/2009 10:57:53 AM]

CHAPTER 179D - REGISTRATION OF SEX OFFENDERS AND OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD; COMMUNITY NOTIFICATION OF SEX OFFENDERS

GENERAL PROVISIONS

NRS 179D.010 Definitions.

NRS 179D.015 “Campus police department” defined.

NRS 179D.020 “Central Repository” defined.

NRS 179D.030 “Community notification” defined. [Effective through June 30, 2008.]

NRS 179D.030 “Community notification” defined. [Effective July 1, 2008.]

NRS 179D.035 “Convicted” defined. [Effective through June 30, 2008.]

NRS 179D.035 “Convicted” defined. [Effective July 1, 2008.]

NRS 179D.0357 “Crime against a child” defined. [Effective July 1, 2008.]

NRS 179D.040 “Division” defined.

NRS 179D.045 “Institution of higher education” defined.

NRS 179D.050 “Local law enforcement agency” defined.

NRS 179D.055 “Nonconsensual” defined. [Effective through June 30, 2008.]

NRS 179D.0557 “Nonresident offender or sex offender who is a student or worker within this State” and “nonresident offender or sex offender” defined. [Effective July 1, 2008.]

NRS 179D.0559 “Offender convicted of a crime against a child” and “offender” defined. [Effective July 1, 2008.]

NRS 179D.060 “Offense that poses a threat to the safety or well-being of others” defined. [Effective through June 30, 2008.]

NRS 179D.065 “Primary address” defined.

NRS 179D.070 “Record of registration” defined.

NRS 179D.075 “Registration” defined. [Effective July 1, 2008.]

NRS 179D.080 “Release” defined.

NRS 179D.090 “Resides” defined.

NRS 179D.095 “Sex offender” defined. [Effective July 1, 2008.]

NRS 179D.097 “Sexual offense” defined. [Effective July 1, 2008.]

NRS 179D.100 “Sexual penetration” defined.

NRS 179D.110 “Student” defined. [Effective through June 30, 2008.]

NRS 179D.110 “Student” defined. [Effective July 1, 2008.]

NRS 179D.113 “Tier I offender” defined. [Effective July 1, 2008.[

NRS 179D.115 “Tier II offender” defined. [Effective July 1, 2008.]

NRS 179D.117 “Tier III offender” defined. [Effective July 1, 2008.]

NRS 179D.120 “Worker” defined. [Effective through June 30, 2008.]

NRS 179D.120 “Worker” defined. [Effective July 1, 2008.]

RECORD OF REGISTRATION

NRS 179D.150 Contents. [Effective through June 30, 2008.]

NRS 179D.150 Contents. [Effective July 1, 2008.]

NRS 179D.160 Inspection.

NRS 179D.170 Record and information concerning offender provided to Federal Bureau of Investigation. [Effective through June 30, 2008.]

NRS 179D.170 Record and information concerning offender or sex offender provided to Federal Bureau of Investigation. [Effective July 1, 2008.]

REGISTRATION OF OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD

General Provisions

NRS 179D.200 Definitions. [Effective through June 30, 2008.]

NRS 179D.210 “Crime against a child” defined. [Effective through June 30, 2008.]

NRS 179D.214 “Nonresident offender who is a student or worker within this State” and “nonresident offender” defined. [Effective through June 30, 2008.]

NRS 179D.216 “Offender convicted of a crime against a child” and “offender” defined. [Effective through June 30, 2008.]

NRS 179D.220 “Registration” defined. [Effective through June 30, 2008.]

Requirements and Procedure

NRS 179D.230 Registration after conviction; duties and procedure; 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. [Effective through June 30, 2008.]

NRS 179D.240 Registration with local law enforcement agency within 48 hours; duties of offender and procedure; local law enforcement agency to inform offender of his duties after registration; establishment of record of registration; duty of local law enforcement agency when notified of certain information about offender who enrolls in or works at institution of higher education. [Effective through June 30, 2008.]

NRS 179D.250 Offender to notify appropriate agencies of change of address and provide updated information; duties and procedure. [Effective through June 30, 2008.]

NRS 179D.260 Verification form. [Effective through June 30, 2008.]

NRS 179D.270 Duration of duty to register; termination of duty; procedure; exceptions. [Effective through June 30, 2008.]

Prohibited Acts and Penalties

NRS 179D.290 Prohibited acts; penalties. [Effective through June 30, 2008.]

REGISTRATION OF SEX OFFENDERS

General Provisions

NRS 179D.350 Definitions. [Effective through June 30, 2008.]

NRS 179D.360 “Mental disorder” defined. [Effective through June 30, 2008.]

NRS 179D.365 “Nonresident sex offender who is a student or worker within this State” and “nonresident sex offender” defined. [Effective through June 30, 2008.]

NRS 179D.370 “Personality disorder” defined. [Effective through June 30, 2008.]

NRS 179D.380 “Qualified professional” defined. [Effective through June 30, 2008.]

NRS 179D.390 “Registration” defined. [Effective through June 30, 2008.]

NRS 179D.400 “Sex offender” defined. [Effective through June 30, 2008.]

NRS 179D.410 “Sexual offense” defined. [Effective through June 30, 2008.]

NRS 179D.420 “Sexually violent offense” defined. [Effective through June 30, 2008.]

NRS 179D.430 “Sexually violent predator” defined. [Effective through June 30, 2008.]

Requirements and Procedure

NRS 179D.441 Duty to register and to keep registration current. [Effective July 1, 2008.]

NRS 179D.443 Information required for registration; provision of biological specimen; duties of local law enforcement agency. [Effective July 1, 2008.]

NRS 179D.445 Initial registration with local law enforcement agency of jurisdiction in which convicted. [Effective July 1, 2008.]

NRS 179D.447 Duty to update information after change of name, residence, employment or student status; duty of local law enforcement agency. [Effective July 1, 2008.]

NRS 179D.450 Registration after conviction; duties and procedure; sex offender informed of duty to register; registration as resident sex offender; effect of failure to inform; duties and procedure upon receipt of notification from another jurisdiction or Federal Bureau of Investigation. [Effective through June 30, 2008.]

NRS 179D.450 Registration after conviction; duties and procedure; offender or 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. [Effective July 1, 2008.]

NRS 179D.460 Registration with local law enforcement agency within 48 hours; duties of sex offender and procedure; local law enforcement agency to inform sex offender of his duties after registration; establishment of record of registration; duty of local law enforcement agency when notified of certain information about sex offender who enrolls in or works at institution of higher education. [Effective through June 30, 2008.]

NRS 179D.460 Registration with local law enforcement agency within 48 hours; duties of offender or sex offender and procedure; local law enforcement agency to inform offender or sex offender of his duties after registration; duties of local law enforcement agency when notified of certain information about offender or sex offender who enrolls in or works at institution of higher education. [Effective July 1, 2008.]

NRS 179D.470 Sex offender to notify appropriate agencies of change of address and provide updated information; duties and procedure.

NRS 179D.475 Community notification. [Effective July 1, 2008.]

NRS 179D.480 Verification form. [Effective through June 30, 2008.]

NRS 179D.480 When offender or sex offender is required to appear in person and provide certain information to local law enforcement agency; duties of Central Repository if offender or sex offender fails to comply. [Effective July 1, 2008.]

NRS 179D.490 Duration of duty to register; termination of duty; procedure; exceptions. [Effective through June 30, 2008.]

NRS 179D.490 Duration of duty to register; termination of duty; procedure; exceptions. [Effective July 1, 2008.]

NRS 179D.495 Duty of Central Repository to determine whether person is required to register as a Tier I, Tier II or Tier III offender. [Effective July 1, 2008.]

Sexually Violent Predators

NRS 179D.510 Petition by prosecuting attorney; procedure; access to records of sex offender; rights of confidentiality and privileges deemed waived. [Effective through June 30, 2008.]

NRS 179D.530 Contents of record of registration for sexually violent predator. [Effective through June 30, 2008.]

Prohibited Acts and Penalties

NRS 179D.550 Prohibited acts; penalties. [Effective through June 30, 2008.]

NRS 179D.550 Prohibited acts; penalties; duties of local law enforcement agency. [Effective July 1, 2008.]

CENTRAL REPOSITORY

NRS 179D.570 Duty to share information with certain agencies; requirements of information; regulations. [Effective through June 30, 2008.]

NRS 179D.570 Duty to share information with certain agencies; requirements of information; regulations. [Effective July 1, 2008.]

COMMUNITY NOTIFICATION OF SEX OFFENDERS

General Provisions

NRS 179D.600 Definitions. [Effective through June 30, 2008.]

NRS 179D.605 “Nonresident sex offender who is a student or worker within this State” and “nonresident sex offender” defined. [Effective through June 30, 2008.]

NRS 179D.610 “Sex offender” defined. [Effective through June 30, 2008.]

NRS 179D.620 “Sexual offense” defined. [Effective through June 30, 2008.]

NRS 179D.630 “Sexually violent predator” defined. [Effective through June 30, 2008.]

NRS 179D.640 “Tier 1 level of notification” defined. [Effective through June 30, 2008.]

NRS 179D.650 “Tier 2 level of notification” defined. [Effective through June 30, 2008.]

NRS 179D.660 “Tier 3 level of notification” defined. [Effective through June 30, 2008.]

Guidelines and Procedure

NRS 179D.700 Advisory Council for Community Notification; creation; members; vacancies; recommendations concerning notification. [Effective through June 30, 2008.]

NRS 179D.710 Attorney General to establish guidelines and procedures; uniform application; scope. [Effective through June 30, 2008.]

NRS 179D.720 Assessment of risk of recidivism; factors considered; access to records of sex offender; rights of confidentiality and privileges deemed waived. [Effective through June 30, 2008.]

NRS 179D.730 Levels of notification; persons notified; when notification to include photograph; mandatory level of notification for certain sex offenders; existence of community notification website does not affect responsibility to provide notification. [Effective through June 30, 2008.]

NRS 179D.740 Notice to sex offender of level of notification assigned and procedure for reconsideration; exceptions. [Effective through June 30, 2008.]

NRS 179D.750 Change in level of notification after unlawful or harmful act. [Effective through June 30, 2008.]

NRS 179D.760 Reassessment of risk of recidivism; termination of notification; procedure; exceptions. [Effective through June 30, 2008.]

NRS 179D.770 Disclosure of information by law enforcement agencies. [Effective through June 30, 2008.]

Juvenile Sex Offenders

NRS 179D.800 Attorney General to establish guidelines and procedures; disclosure of information; access to records of juvenile sex offender; rights of confidentiality and privileges deemed waived. [Effective through June 30, 2008.]

LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION

NRS 179D.850 Name of victim not to be disclosed; immunity from liability for certain entities and their officers and employees for act or omission relating to information obtained, maintained or disclosed.

_________

GENERAL PROVISIONS

NRS 179D.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179D.015 to 179D.120, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1647; A 1999, 1291; 2003, 568; 2007, 2762)

NRS 179D.015 “Campus police department” defined. “Campus police department” means any campus police department or campus security department at an institution of higher education.

(Added to NRS by 2003, 567)

NRS 179D.020 “Central Repository” defined. “Central Repository” means the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 1997, 1647)

NRS 179D.030 “Community notification” defined. [Effective through June 30, 2008.] “Community notification” means notification of a community pursuant to the guidelines and procedures established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

(Added to NRS by 1997, 1647)

NRS 179D.030 “Community notification” defined. [Effective July 1, 2008.] “Community notification” means notification of a community pursuant to the provisions of NRS 179D.475.

(Added to NRS by 1997, 1647; A 2007, 2763, effective July 1, 2008)

NRS 179D.035 “Convicted” defined. [Effective through June 30, 2008.] “Convicted” includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:

1. A crime against a child that is listed in subsection 6 of NRS 179D.210.

2. A sexual offense that is listed in subsection 19 of NRS 179D.410.

3. A sexual offense that is listed in paragraph (b) of subsection 2 of NRS 62F.260.

(Added to NRS by 1999, 1290; A 2001, 1311, 2795; 2003, 45, 1122, 1389)

NRS 179D.035 “Convicted” defined. [Effective July 1, 2008.] “Convicted” includes, but is not limited to, an adjudication of delinquency by a court having jurisdiction over juveniles if:

1. The adjudication of delinquency is for the commission of a sexual offense that is listed in NRS 62F.200; and

2. The offender was 14 years of age or older at the time of the offense.

(Added to NRS by 1999, 1290; A 2001, 1311, 2795; 2003, 45, 1122, 1389; 2007, 2763, effective July 1, 2008)

NRS 179D.0357 “Crime against a child” defined. [Effective July 1, 2008.] “Crime against a child” means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:

1. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent or guardian of the victim.

2. False imprisonment pursuant to NRS 200.460, unless the offender is the parent or guardian of the victim.

3. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.

4. An attempt to commit an offense listed in this section.

5. An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the United States.

6. An offense against a child 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 an offender who has committed a crime against a child because of the offense. This subsection includes, without limitation, an offense prosecuted in:

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the United States.

(Added to NRS by 2007, 2757, effective July 1, 2008)

NRS 179D.040 “Division” defined. “Division” means the Division of Parole and Probation of the Department of Public Safety.

(Added to NRS by 1997, 1647; A 2001, 2579)

NRS 179D.045 “Institution of higher education” defined. “Institution of higher education” means:

1. A university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; and

2. A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.

(Added to NRS by 2003, 567)

NRS 179D.050 “Local law enforcement agency” defined. “Local law enforcement agency” means:

1. The sheriff’s office of a county;

2. A metropolitan police department; or

3. A police department of an incorporated city.

(Added to NRS by 1997, 1648)

NRS 179D.055 “Nonconsensual” defined. [Effective through June 30, 2008.] “Nonconsensual” means against the victim’s will or under conditions in which a person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of the person’s conduct.

(Added to NRS by 1999, 1290; R 2007, 2780, effective July 1, 2008)

NRS 179D.0557 “Nonresident offender or sex offender who is a student or worker within this State” and “nonresident offender or sex offender” defined. [Effective July 1, 2008.] “Nonresident offender or sex offender who is a student or worker within this State” or “nonresident offender or sex offender” means an offender or sex offender who is a student or worker within this State but who is not otherwise deemed a resident offender or sex offender pursuant to subsection 2 or 3 of NRS 179D.460.

(Added to NRS by 2007, 2757, effective July 1, 2008)

NRS 179D.0559 “Offender convicted of a crime against a child” and “offender” defined. [Effective July 1, 2008.]

1. “Offender convicted of a crime against a child” or “offender” means a person who, after July 1, 1956, is or has been:

(a) Convicted of a crime against a child that is listed in NRS 179D.0357; or

(b) Adjudicated delinquent by a court having jurisdiction over juveniles of a crime against a child that is listed in NRS 62F.200 if the offender was 14 years of age or older at the time of the crime.

2. The term includes, without limitation, an offender who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.460.

(Added to NRS by 2007, 2757, effective July 1, 2008)

NRS 179D.060 “Offense that poses a threat to the safety or well-being of others” defined. [Effective through June 30, 2008.]

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;

(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.

(Added to NRS by 1997, 1648; R 2007, 2780, effective July 1, 2008)

NRS 179D.065 “Primary address” defined. “Primary address” means the address at which:

1. A student primarily attends any course of academic or vocational instruction within this state.

2. A worker primarily engages in any type of occupation, employment, work or volunteer service within this state.

(Added to NRS by 1999, 1290)

NRS 179D.070 “Record of registration” defined. “Record of registration” means a record of registration that contains the information required by NRS 179D.150.

(Added to NRS by 1997, 1647)

NRS 179D.075 “Registration” defined. [Effective July 1, 2008.] “Registration” means registration as an offender or sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

(Added to NRS by 2007, 2758, effective July 1, 2008)

NRS 179D.080 “Release” defined. “Release” means release from incarceration or confinement. The term includes, but is not limited to:

1. Release on probation, parole or any other type of supervised release.

2. Release after a term of incarceration expires.

3. Release from confinement in a school, hospital, mental facility or other institution.

(Added to NRS by 1997, 1648)

NRS 179D.090 “Resides” defined. “Resides” means the place where an offender resides or, if the offender is incarcerated or confined, the place where the offender will reside upon release.

(Added to NRS by 1997, 1648)

NRS 179D.095 “Sex offender” defined. [Effective July 1, 2008.]

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.097; or

(b) Adjudicated delinquent by a court having jurisdiction over juveniles of a sexual offense listed in NRS 62F.200 if the offender was 14 years of age or older at the time of the offense.

2. The term includes, without limitation, a sex offender who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.460.

(Added to NRS by 2007, 2758, effective July 1, 2008)

NRS 179D.097 “Sexual offense” defined. [Effective July 1, 2008.]

1. “Sexual offense” means any of the following offenses:

(a) Murder of the first degree 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 pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(b) Sexual assault pursuant to NRS 200.366.

(d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.

(e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.

(f) 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 pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.

(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

(h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(i) Incest pursuant to NRS 201.180.

(j) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

(k) Open or gross lewdness pursuant to NRS 201.210.

(l) Indecent or obscene exposure pursuant to NRS 201.220.

(m) Lewdness with a child pursuant to NRS 201.230.

(n) Sexual penetration of a dead human body pursuant to NRS 201.450.

(o) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

(p) Any other offense that has an element involving a sexual act or sexual conduct with another;

(q) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (p), inclusive.

(r) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

(s) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

(1) A tribal court.

(2) A court of the United States or the Armed Forces of the United States.

(t) 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. This subsection includes, without limitation, an offense prosecuted in:

(1) A tribal court.

(2) A court of the United States or the Armed Forces of the United States.

(3) A court having jurisdiction over juveniles.

2. The term does not include an offense involving consensual sexual conduct if the victim was:

(a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

(b) 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.

(Added to NRS by 2007, 2758, effective July 1, 2008)

NRS 179D.100 “Sexual penetration” defined. “Sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of the victim’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of the victim. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.

(Added to NRS by 1999, 1290)

NRS 179D.110 “Student” defined. [Effective through June 30, 2008.] “Student” means a person who is enrolled in and attends, on a full-time or part-time basis within this State, any course of academic or vocational instruction conducted by a public or private educational institution or school, including, but not limited to, any of the following institutions or schools:

1. An institution of higher education.

2. A trade school or vocational school.

3. A public school, as defined in NRS 385.007, or a private school, as defined in NRS 394.103.

(Added to NRS by 1999, 1290; A 2003, 568)

NRS 179D.110 “Student” defined. [Effective July 1, 2008.] “Student” means a person who is enrolled in and attends, on a full-time or part-time basis within this State, any course of academic or vocational instruction conducted by a public or private educational institution or school, including, but not limited to, any of the following institutions or schools:

1. An institution of higher education.

2. A trade school or vocational school.

3. A secondary school.

(Added to NRS by 1999, 1290; A 2003, 568; 2007, 2763, effective July 1, 2008)

NRS 179D.113 “Tier I offender” defined. [Effective July 1, 2008.] “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.

(Added to NRS by 2007, 2759, effective July 1, 2008)

NRS 179D.115 “Tier II offender” defined. [Effective July 1, 2008.] “Tier II offender” means an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than 1 year or whose sexual offense:

1. If committed against a child, constitutes:

(a) Luring a child pursuant to NRS 201.560, if punishable as a felony;

(b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

(d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive; or

(e) Any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(3);

2. Involves an attempt or conspiracy to commit any offense described in subsection 1;

3. If committed in another jurisdiction, is an offense that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

(a) A tribal court; or

(b) A court of the United States or the Armed Forces of the United States; or

4. Is committed after the 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.

(Added to NRS by 2007, 2759, effective July 1, 2008)

NRS 179D.117 “Tier III offender” defined. [Effective July 1, 2008.] “Tier III offender” means an offender convicted of a crime against a child or a sex offender who has been convicted of:

1. Murder of the first degree 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 pursuant to paragraph (b) of subsection 1 of NRS 200.030;

2. Sexual assault pursuant to NRS 200.366;

3. Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400;

4. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and if the victim of the offense was less than 13 years of age when the offense was committed;

5. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, if the victim of the offense was less than 18 years of age when the offense was committed, unless the offender is the parent or guardian of the victim;

6. Any sexual offense or crime against a child after the person becomes a Tier II offender;

7. Any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(4);

8. An attempt or conspiracy to commit an offense described in subsections 1 to 7, inclusive; or

9. An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

(a) A tribal court; or

(b) A court of the United States or the Armed Forces of the United States.

(Added to NRS by 2007, 2759, effective July 1, 2008)

NRS 179D.120 “Worker” defined. [Effective through June 30, 2008.]

1. “Worker” means a person who engages in or who knows or reasonably should know that he will engage in any type of occupation, employment, work or volunteer service on a full-time or part-time basis within this State for:

(a) Any period exceeding 14 days; or

(b) More than 30 days, in the aggregate, during any calendar year,

Ê whether or not the person engages in or will engage in the occupation, employment, work or volunteer service for compensation or for the purposes of a governmental or educational benefit.

2. The term includes, but is not limited to:

(a) A person who is self-employed.

(b) An employee or independent contractor.

(Added to NRS by 1999, 1291)

NRS 179D.120 “Worker” defined. [Effective July 1, 2008.] “Worker” means a person who is self-employed or who engages in or who knows or reasonably should know that he will engage in any type of occupation, employment, work or volunteer service, whether or not the person engages in or will engage in the occupation, employment, work or volunteer service for compensation.

(Added to NRS by 1999, 1291; A 2007, 2763, effective July 1, 2008)

RECORD OF REGISTRATION

NRS 179D.150 Contents. [Effective through June 30, 2008.] Except as otherwise provided in NRS 179D.530, a record of registration must include, if the information is available:

1. Information identifying the offender, including, but not limited to:

(a) The name of the offender and all aliases that he has used or under which he has been known;

(b) A complete physical description of the offender, a current photograph of the offender and the fingerprints of the offender;

(d) The identification number from a driver’s license or an identification card issued to the offender by this State or any other jurisdiction; and

(e) Any other information that identifies the offender.

2. Information concerning the residence of the offender, including, but not limited to:

(a) The address at which the offender resides;

(b) The length of time he has resided at that address and the length of time he expects to reside at that address;

(c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and

(d) The length of time he expects to remain in the county where he resides and in this State.

3. Information concerning the offender’s occupations, employment or work or expected occupations, employment or work, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender.

4. Information concerning the offender’s volunteer service or expected volunteer service in connection with any activity or organization within this State, including, but not limited to, the name, address and type of each such activity or organization.

5. Information concerning the offender’s enrollment or expected enrollment as a student in any public or private educational institution or school within this State, including, but not limited to, the name, address and type of each such educational institution or school.

6. Information concerning whether:

(a) The 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

(b) The 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,

Ê including, but not limited to, the name, address and type of each such institution of higher education.

7. The license number and a description of all motor vehicles registered to or frequently driven by the offender.

8. The level of community notification assigned to the offender.

9. The following information for each offense for which the offender has been convicted:

(a) The court in which he was convicted;

(b) The name under which he was convicted;

(c) The name and location of each penal institution, school, hospital, mental facility or other institution to which he was committed;

(d) The specific location where the offense was committed;

(e) The age, the gender, the race and a general physical description of the victim; and

(f) The method of operation that was used to commit the offense, including, but not limited to:

(1) Specific sexual acts committed against the victim;

(2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;

(3) The type of injuries inflicted on the victim;

(4) The types of instruments, weapons or objects used;

(5) The type of property taken; and

(6) Any other distinctive characteristic of the behavior or personality of the offender.

(Added to NRS by 1997, 1648; A 1999, 1292; 2003, 568)

NRS 179D.150 Contents. [Effective July 1, 2008.] A record of registration must include, if the information is available:

1. Information identifying the offender or sex offender, including, but not limited to:

(a) The name of the offender or sex offender and all aliases that he has used or under which he has been known;

(b) A complete physical description of the offender or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender or sex offender;

(d) The identification number from a driver’s license or an identification card issued to the offender or sex offender by this State or any other jurisdiction and a photocopy of such driver’s license or identification card;

(e) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender pursuant to NRS 176.0913; and

(f) Any other information that identifies the offender or sex offender.

2. Information concerning the residence of the offender or sex offender, including, but not limited to:

(a) The address at which the offender or sex offender resides;

(b) The length of time he has resided at that address and the length of time he expects to reside at that address;

(c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and

(d) The length of time he expects to remain in the county where he resides and in this State.

3. Information concerning the offender’s or sex offender’s occupations, employment or work or expected occupations, employment or work, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender or sex offender.

4. Information concerning the offender’s or sex offender’s volunteer service or expected volunteer service in connection with any activity or organization within this State, including, but not limited to, the name, address and type of each such activity or organization.

5. Information concerning the offender’s or sex offender’s enrollment or expected enrollment as a student in any public or private educational institution or school within this State, including, but not limited to, the name, address and type of each such educational institution or school.

6. Information concerning whether:

(a) The offender or 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

(b) The offender or 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,

Ê including, but not limited to, the name, address and type of each such institution of higher education.

7. The license plate number and a description of all motor vehicles registered to or frequently driven by the offender or sex offender.

8. The level of registration and community notification of the offender or sex offender.

9. The criminal history of the offender or sex offender, including, without limitation:

(a) The dates of all arrests and convictions of the offender or sex offender;

(b) The status of parole, probation or supervised release of the offender or sex offender;

(d) The existence of any outstanding arrest warrants for the offender or sex offender.

10. The following information for each offense for which the offender or sex offender has been convicted:

(a) The court in which he was convicted;

(b) The text of the provision of law defining each offense;

(d) The name and location of each penal institution, school, hospital, mental facility or other institution to which he was committed;

(e) The specific location where the offense was committed;

(f) The age, the gender, the race and a general physical description of the victim; and

(g) The method of operation that was used to commit the offense, including, but not limited to:

(1) Specific sexual acts committed against the victim;

(2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;

(3) The type of injuries inflicted on the victim;

(4) The types of instruments, weapons or objects used;

(5) The type of property taken; and

(6) Any other distinctive characteristic of the behavior or personality of the offender or sex offender.

11. Any other information required by federal law.

(Added to NRS by 1997, 1648; A 1999, 1292; 2003, 568; 2007, 2763, effective July 1, 2008)

NRS 179D.160 Inspection.

1. Except as otherwise provided by specific statute, a record of registration may be inspected only by a law enforcement officer in the regular course of his duties or by the offender named in the record of registration.

2. As used in this section, “law enforcement officer” includes, but is not limited to:

(a) A prosecuting attorney or an attorney from the Office of the Attorney General;

(b) A sheriff of a county or his deputy;

(d) An officer of the Division;

(e) An officer of the Department of Corrections;

(f) An officer of a law enforcement agency from another jurisdiction; or

(g) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.

(Added to NRS by 1997, 1649; A 2001 Special Session, 225)

NRS 179D.170 Record and information concerning offender provided to Federal Bureau of Investigation. [Effective through June 30, 2008.] Upon receiving from a local law enforcement agency, pursuant to NRS 179D.010 to 179D.550, inclusive:

1. A record of registration;

2. Fingerprints or a photograph of an offender;

3. A new address of an offender; or

4. Any other updated information,

Ê the Central Repository shall immediately provide the record of registration, fingerprints, photograph, new address or updated information to the Federal Bureau of Investigation.

(Added to NRS by 1997, 1650; A 2003, 569)

NRS 179D.170 Record and information concerning offender or sex offender provided to Federal Bureau of Investigation. [Effective July 1, 2008.] Upon receiving from a local law enforcement agency, pursuant to NRS 179D.010 to 179D.550, inclusive:

1. A record of registration;

2. Fingerprints, palm prints or a photograph of an offender or sex offender;

3. A new address of an offender or sex offender; or

4. Any other updated information,

Ê the Central Repository shall immediately provide the record of registration, fingerprints, palm prints, photograph, new address or updated information to the Federal Bureau of Investigation.

(Added to NRS by 1997, 1650; A 2003, 569; 2007, 2765, effective July 1, 2008)

REGISTRATION OF OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD

General Provisions

NRS 179D.200 Definitions. [Effective through June 30, 2008.] As used in NRS 179D.200 to 179D.290, inclusive, unless the context otherwise requires, the words and terms defined in NRS 179D.210 to 179D.220, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1650; A 1999, 1293; R 2007, 2780, effective July 1, 2008)

NRS 179D.210 “Crime against a child” defined. [Effective through June 30, 2008.] “Crime against a child” means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:

1. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent of the victim.

2. False imprisonment pursuant to NRS 200.460, unless the offender is the parent of the victim.

3. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.

4. An attempt to commit an offense listed in this section.

5. An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, but is 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.

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the United States.

(Added to NRS by 1997, 1650; A 1999, 1293; R 2007, 2780, effective July 1, 2008)

NRS 179D.214 “Nonresident offender who is a student or worker within this State” and “nonresident offender” defined. [Effective through June 30, 2008.] “Nonresident offender who is a student or worker within this State” and “nonresident offender” mean an offender convicted of a crime against a child who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.240.

(Added to NRS by 1999, 1291; R 2007, 2780, effective July 1, 2008)

NRS 179D.216 “Offender convicted of a crime against a child” and “offender” defined. [Effective through June 30, 2008.]

1. “Offender convicted of a crime against a child” and “offender” mean a person who, after July 1, 1956, is or has been:

(a) Convicted of a crime against a child that is listed in NRS 179D.210; or

(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a crime against a child that is listed in subsection 6 of NRS 179D.210.

2. The term includes, but is not limited to, a nonresident offender who is a student or worker within this State.

(Added to NRS by 1999, 1291; R 2007, 2780, effective July 1, 2008)

NRS 179D.220 “Registration” defined. [Effective through June 30, 2008.] “Registration” means registration as an offender convicted of a crime against a child pursuant to NRS 179D.200 to 179D.290, inclusive.

(Added to NRS by 1997, 1650; R 2007, 2780, effective July 1, 2008)

Requirements and Procedure

1. If the Central Repository receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child, the Central Repository shall:

(a) If a record of registration has not previously been established for the 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 offender, update the record of registration for the offender and notify the appropriate local law enforcement agencies.

2. If the offender named in the notice is granted probation or otherwise will not be incarcerated or confined, the Central Repository shall immediately provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

3. If an offender is incarcerated or confined and has previously been convicted of a crime against a child, before the offender is released:

(a) The Department of Corrections or a local law enforcement agency in whose facility the offender is incarcerated or confined shall:

(1) Inform the 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.240;

(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 most recently 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 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 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 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 offender; and

(2) Provide notification concerning the offender to the appropriate local law enforcement agencies and, if the offender will reside upon release in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

4. If an offender convicted of a crime against a child is incarcerated or confined, before the offender is released, the offender shall register, pursuant to 179D.240, with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction the offender will be a resident offender.

5. The failure to provide an offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.

6. If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing or is a student or worker within this State, the Central Repository shall:

(a) Immediately provide notification concerning the offender to the appropriate local law enforcement agencies; and

(b) Establish a record of registration for the offender with the assistance of the local law enforcement agency.

(Added to NRS by 1997, 1650; A 1999, 1293; 2001, 2053; 2001 Special Session, 226; 2003, 289, 569; 2007, 3249; R 2007, 2780, effective July 1, 2008)

1. In addition to any other registration that is required pursuant to NRS 179D.230, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 3, if the offender resides or is present for 48 hours or more within:

(a) A county; or

(b) An incorporated city that does not have a city police department,

Ê the offender shall be deemed a resident offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

3. If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall be deemed a resident offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

4. If the offender is a nonresident offender who is a student or worker within this State, the offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this State.

5. A resident or nonresident offender shall immediately notify the appropriate local law enforcement agency if:

(b) The 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.

Ê The offender shall provide the name, address and type of each such institution of higher education.

6. To register with a local law enforcement agency pursuant to this section, the offender shall:

(a) Unless the offender is incarcerated or confined and required to register pursuant to subsection 4 of NRS 179D.230, appear personally at the office of the appropriate local law enforcement agency;

(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph;

(c) If the offender has not provided a biological specimen pursuant to NRS 176.0913 or 176.0916, provide a biological specimen to the local law enforcement agency; and

(d) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency or in the presence of an officer of the institution or facility in which the offender is incarcerated or confined.

7. If an offender convicted of a crime against a child must provide a biological specimen pursuant to paragraph (c) of subsection 6, the local law enforcement agency shall arrange for the biological specimen to be obtained from the offender. The local law enforcement agency shall provide the specimen to the forensic laboratory that has been designated by the county in which the offender resides or is present to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

8. When an offender registers, the local law enforcement agency shall:

(a) Inform the offender of the duty to notify the local law enforcement agency if the offender changes the address at which he resides or changes the primary address at which he is a student or worker; and

(b) Inform the offender of the duty to register with the local law enforcement agency in whose jurisdiction the offender relocates.

9. After the offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the offender.

10. If the Central Repository has not previously established a record of registration for an offender described in subsection 9, the Central Repository shall:

(a) Establish a record of registration for the offender; and

(b) Provide notification concerning the offender to the appropriate local law enforcement agencies.

11. When an offender notifies a local law enforcement agency that:

(b) The 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,

Ê and provides the name, address and type of each such institution of higher education, the local law enforcement agency shall immediately provide that information to the Central Repository and to the appropriate campus police department.

(Added to NRS by 1997, 1651; A 1999, 1295; 2001, 2054; 2003, 571; 2007, 3250; R 2007, 2780, effective July 1, 2008)

NRS 179D.250 Offender to notify appropriate agencies of change of address and provide updated information; duties and procedure. [Effective through June 30, 2008.]

1. If an offender convicted of a crime against a child changes the address at which he resides, including moving from this State to another jurisdiction, or changes the primary address at which he is a student or worker, not later than 48 hours after changing such an address, the offender shall provide the new address, in person, to the local law enforcement agency in whose jurisdiction he now resides and, in person or in writing, to the local law enforcement agency in whose jurisdiction he formerly resided and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.

2. Upon receiving a change of address from an offender, the local law enforcement agency shall immediately forward the new address and any updated information to the Central Repository and:

(a) If the offender has changed an address within this State, the Central Repository shall immediately provide notification concerning the offender to the appropriate local law enforcement agency in whose jurisdiction the offender is now residing or is a student or worker and shall notify the local law enforcement agency in whose jurisdiction the offender last resided or was a student or worker; or

(b) If the offender has changed an address from this State to another jurisdiction, the Central Repository shall immediately provide notification concerning the offender to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the offender last resided or was a student or worker.

(Added to NRS by 1997, 1652; A 1999, 1296; 2001, 2056; R 2007, 2780, effective July 1, 2008)

NRS 179D.260 Verification form. [Effective through June 30, 2008.]

1. Except as otherwise provided in subsection 4, each year, on the anniversary of the date that the Central Repository establishes a record of registration for the offender, the Central Repository shall mail to the offender, at the address last registered by the offender, a nonforwardable verification form. The offender shall complete and sign the form and mail the form to the Central Repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

2. An offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The Central Repository shall provide all updated information to the appropriate local law enforcement agencies.

3. If the Central Repository does not receive a verification form from an offender and otherwise cannot verify the address or location of the offender, the Central Repository shall immediately notify the appropriate local law enforcement agencies.

4. The Central Repository is not required to complete the mailing pursuant to subsection 1:

(a) During any period in which an offender is incarcerated or confined or has changed his place of residence from this State to another jurisdiction; or

(b) For a nonresident offender who is a student or worker within this State.

(Added to NRS by 1997, 1653; A 1999, 1297; 2001, 2056; R 2007, 2780, effective July 1, 2008)

NRS 179D.270 Duration of duty to register; termination of duty; procedure; exceptions. [Effective through June 30, 2008.]

1. An offender convicted of a crime against a child shall comply with the provisions for registration for as long as the offender resides or is present within this State or is a nonresident offender who is a student or worker within this State, unless the duty of the offender to register is terminated pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 5, if an 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 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 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 offender or the date that the offender is released, whichever occurs later.

3. If the offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the 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 offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the offender to register.

4. If the court does not terminate the duty of the offender to register after a petition is heard pursuant to subsections 2 and 3, the offender may file another petition after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.

5. An offender may not file a petition to terminate his duty to register pursuant to this section if the offender:

(a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931 as a sex offender;

(b) Has been declared to be a sexually violent predator, as defined in NRS 179D.430; or

(1) One or more sexually violent offenses, as defined in NRS 179D.420;

(2) Two or more sexual offenses, as defined in NRS 179D.410, against persons less than 18 years of age;

(3) Two or more crimes against a child; or

(4) At least one of each offense listed in subparagraphs (2) and (3).

(Added to NRS by 1997, 1653; A 1999, 1297; 2001, 2057; R 2007, 2780, effective July 1, 2008)

Prohibited Acts and Penalties

NRS 179D.290 Prohibited acts; penalties. [Effective through June 30, 2008.]

1. Except as otherwise provided in subsection 2, an offender convicted of a crime against a child who:

(a) Fails to register with a local law enforcement agency;

(b) Fails to notify the local law enforcement agency of a change of address;

(d) Otherwise violates the provisions of NRS 179D.200 to 179D.290, inclusive,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. An offender convicted of a crime against a child who commits a second or subsequent violation of subsection 1 within 7 years after the first violation is guilty of a category C felony and shall be punished as provided in NRS 193.130. A court shall not grant probation to or suspend the sentence of a person convicted pursuant to this subsection.

(Added to NRS by 1997, 1654; A 1999, 1298; 2001, 2057; 2005, 2871; R 2007, 2780, effective July 1, 2008)

REGISTRATION OF SEX OFFENDERS

General Provisions

NRS 179D.350 Definitions. [Effective through June 30, 2008.] As used in NRS 179D.350 to 179D.550, inclusive, unless the context otherwise requires, the words and terms defined in NRS 179D.360 to 179D.430, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1654; A 1999, 1298; R 2007, 2780, effective July 1, 2008)

NRS 179D.360 “Mental disorder” defined. [Effective through June 30, 2008.] “Mental disorder” means a congenital or acquired condition affecting the emotional or volitional capacity of a person which predisposes that person to the commission of violent sexual acts. The term includes, but is not limited to, a mental disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(Added to NRS by 1997, 1654; R 2007, 2780, effective July 1, 2008)

NRS 179D.365 “Nonresident sex offender who is a student or worker within this State” and “nonresident sex offender” defined. [Effective through June 30, 2008.] “Nonresident sex offender who is a student or worker within this State” and “nonresident sex offender” mean a sex offender who is a student or worker within this State but who is not otherwise deemed a resident sex offender pursuant to subsection 2 or 3 of NRS 179D.460.

(Added to NRS by 1999, 1291; R 2007, 2780, effective July 1, 2008)

NRS 179D.370 “Personality disorder” defined. [Effective through June 30, 2008.] “Personality disorder” includes, but is not limited to, a personality disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(Added to NRS by 1997, 1654; R 2007, 2780, effective July 1, 2008)

NRS 179D.380 “Qualified professional” defined. [Effective through June 30, 2008.] “Qualified professional” means a person who has received training in evaluating sex offenders and is:

1. A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology; or

2. A psychologist licensed to practice in this State.

(Added to NRS by 1997, 1654; R 2007, 2780, effective July 1, 2008)

NRS 179D.390 “Registration” defined. [Effective through June 30, 2008.] “Registration” means registration as a sex offender pursuant to NRS 179D.350 to 179D.550, inclusive.

(Added to NRS by 1997, 1654; R 2007, 2780, effective July 1, 2008)

NRS 179D.400 “Sex offender” defined. [Effective through June 30, 2008.]

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.

(Added to NRS by 1997, 1654; A 1999, 1298; 2001, 2795; 2003, 1389; R 2007, 2780, effective July 1, 2008)

NRS 179D.410 “Sexual offense” defined. [Effective through June 30, 2008.] “Sexual offense” means any of the following offenses:

2. Sexual assault pursuant to NRS 200.366.

3. Statutory sexual seduction pursuant to NRS 200.368.

4. Battery with intent to commit sexual assault pursuant to NRS 200.400.

5. An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.

6. 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 pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.

7. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

9. Incest pursuant to NRS 201.180.

10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

11. Open or gross lewdness pursuant to NRS 201.210.

12. Indecent or obscene exposure pursuant to NRS 201.220.

13. Lewdness with a child pursuant to NRS 201.230.

14. Sexual penetration of a dead human body pursuant to NRS 201.450.

15. Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony.

16. An attempt or conspiracy to commit an offense listed in subsections 1 to 15, inclusive.

17. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

18. An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, but is 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.

19. 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. This subsection includes, but is 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.

(Added to NRS by 1997, 1654; A 1999, 1299; 2001, 2796; 2003, 572, 1389; R 2007, 2780, effective July 1, 2008)

NRS 179D.420 “Sexually violent offense” defined. [Effective through June 30, 2008.] “Sexually violent offense” means any of the following offenses:

2. Sexual assault pursuant to NRS 200.366.

3. Battery with intent to commit sexual assault pursuant to NRS 200.400.

4. An offense involving pornography and a minor pursuant to NRS 200.710.

5. An attempt to commit an offense listed in subsections 1 to 4, inclusive.

6. An offense that is determined to be sexually motivated pursuant to NRS 175.547.

7. An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, but is 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.

8. Any other offense listed in NRS 179D.410 if, during the commission of the offense, the offender engaged in or attempted to engage in:

(a) Sexual penetration of a child less than 12 years of age; or

(b) Nonconsensual sexual penetration of any other person.

(Added to NRS by 1997, 1655; A 1999, 1300; R 2007, 2780, effective July 1, 2008)

NRS 179D.430 “Sexually violent predator” defined. [Effective through June 30, 2008.] “Sexually violent predator” means:

1. A person who:

(a) Has been convicted of a sexually violent offense;

(b) Suffers from a mental disorder or personality disorder; and

2. A person who has been declared to be a sexually violent predator pursuant to the laws of another jurisdiction.

(Added to NRS by 1997, 1655; A 1999, 1300; R 2007, 2780, effective July 1, 2008)

Requirements and Procedure

NRS 179D.441 Duty to register and to keep registration current. [Effective July 1, 2008.] Each offender convicted of a crime against a child and each sex offender shall:

1. Register initially with the local law enforcement agency of the jurisdiction in which the offender or sex offender was convicted as required pursuant to NRS 179D.445;

2. Register with the appropriate law enforcement agency as required pursuant to NRS 179D.460 and 179D.480; and

3. Keep his registration current as required pursuant to NRS 179D.447.

(Added to NRS by 2007, 2760, effective July 1, 2008)

NRS 179D.443 Information required for registration; provision of biological specimen; duties of local law enforcement agency. [Effective July 1, 2008.] When an offender convicted of a crime against a child or a sex offender registers with a local law enforcement agency as required pursuant to NRS 179D.445, 179D.460 or 179D.480, or updates his registration as required pursuant to NRS 179D.447:

1. The offender or sex offender shall provide the local law enforcement agency with the following:

(a) The name of the offender or sex offender and all aliases that he has used or under which he has been known;

(b) The social security number of the offender or sex offender;

(d) The name and address of any place where the offender or sex offender is a worker or will be a worker;

(e) The name and address of any place where the offender or sex offender is a student or will be a student;

(f) The license plate number and a description of all motor vehicles registered to or frequently driven by the offender or sex offender; and

(g) Any other information required by federal law.

2. If the offender or sex offender has not previously provided a biological specimen pursuant to NRS 176.0913 or 176.0916, the offender or sex offender shall provide a biological specimen to the local law enforcement agency. The local law enforcement agency shall provide the specimen to the forensic laboratory that has been designated by the county in which the offender or sex offender resides, is present or is a worker or student to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

3. The local law enforcement agency shall ensure that the record of registration of the offender or sex offender includes, without limitation:

(a) A complete physical description of the offender or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender or sex offender;

(b) The text of the provision of law defining each offense for which the offender or sex offender is required to register;

(1) The dates of all arrests and convictions of the offender or sex offender;

(2) The status of parole, probation or supervised release of the offender or sex offender;

(3) The status of the registration of the offender or sex offender; and

(4) The existence of any outstanding arrest warrants for the offender or sex offender;

(d) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender;

(e) The identification number from a driver’s license or an identification card issued to the offender or sex offender by this State or any other jurisdiction and a photocopy of such driver’s license or identification card; and

(f) Any other information required by federal law.

(Added to NRS by 2007, 2760; A 2007, 3262, effective July 1, 2008)

NRS 179D.445 Initial registration with local law enforcement agency of jurisdiction in which convicted. [Effective July 1, 2008.]

1. In addition to any other registration that is required pursuant to NRS 179D.010 to 179D.550, inclusive, each offender or sex offender who, on or after October 1, 2007, is or has been convicted of a crime against a child or a sexual offense shall register initially with the appropriate local law enforcement agency of the jurisdiction in which the offender or sex offender was convicted pursuant to the provisions of this section.

2. An offender or sex offender shall initially register with a local law enforcement agency as required pursuant to subsection 1:

(a) If the offender or sex offender is sentenced to a term of imprisonment for the crime, before being released from incarceration or confinement for the crime; and

(b) If the offender or sex offender is not sentenced to a term of imprisonment for the crime, not later than 3 business days after the date on which the offender or sex offender was sentenced for the crime.

(Added to NRS by 2007, 2761; A 2007, 3263, effective July 1, 2008)

NRS 179D.447 Duty to update information after change of name, residence, employment or student status; duty of local law enforcement agency. [Effective July 1, 2008.]

1. An offender convicted of a crime against a child or a sex offender convicted of a sexual offense who changes his name, residence, employment or student status shall, not later than 3 business days after such change of name, residence, employment or student status:

(a) Appear in person in at least one of the jurisdictions in which the offender or sex offender resides, is a student or worker; and

(b) Provide all information concerning such change to the appropriate local law enforcement agency.

2. The local law enforcement agency shall immediately provide the updated information provided by an offender or sex offender pursuant to subsection 1 to the Central Repository and to all other jurisdictions in which the offender or sex offender is required to register.

(Added to NRS by 2007, 2761, effective July 1, 2008)

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:

(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. If a sex offender is incarcerated or confined, before the sex offender is released, the sex offender shall register, pursuant to NRS 179D.460, with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction the sex offender will be a resident sex offender.

5. 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.

6. 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.

(Added to NRS by 1997, 1655; A 1999, 1300; 2001, 2058; 2001 Special Session, 227; 2003, 289, 573, 1122; 2007, 3252)

1. If the Central Repository receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child pursuant to NRS 176.0927, that a sex offender has been convicted of a sexual offense or pursuant to NRS 62F.220 that a juvenile has been adjudicated delinquent for an offense for which he is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, the Central Repository shall:

(a) If a record of registration has not previously been established for the offender or 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 offender or sex offender, update the record of registration for the offender or sex offender and notify the appropriate local law enforcement agencies.

2. If the offender or sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined, the Central Repository shall:

(a) Immediately provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or sex offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction; and

(b) Immediately provide community notification concerning the offender or sex offender pursuant to the provisions of NRS 179D.475.

3. If an offender or sex offender is incarcerated or confined and has previously been convicted of a crime against a child as described in NRS 179D.0357 or a sexual offense as described in NRS 179D.097, before the offender or sex offender is released:

(a) The Department of Corrections or a local law enforcement agency in whose facility the offender or sex offender is incarcerated or confined shall:

(1) Inform the offender or sex offender of the requirements for registration, including, but not limited to:

(I) The duty to register initially with the appropriate law enforcement agency in the jurisdiction in which the offender or sex offender was convicted if the offender or sex offender is not a resident of that jurisdiction pursuant to NRS 179D.445;

(II) 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;

(III) 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;

(IV) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

(V) 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

(VI) The duty to notify immediately the appropriate local law enforcement agency if the offender or 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 offender or 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 offender or sex offender to read and sign a form stating that the requirements for registration have been explained to him and that he understands the requirements for registration, and to forward the form to the Central Repository.

(b) The Central Repository shall:

(1) Update the record of registration for the offender or sex offender;

(2) Provide community notification concerning the offender or sex offender pursuant to the provisions of NRS 179D.475; and

(3) Provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or 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 an offender or sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender or 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 an offender or sex offender is now residing or is a student or worker within this State, the Central Repository shall:

(a) Immediately provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies;

(b) Establish a record of registration for the offender or sex offender; and

(c) Immediately provide community notification concerning the offender or sex offender pursuant to the provisions of NRS 179D.475.

(Added to NRS by 1997, 1655; A 1999, 1300; 2001, 2058; 2001 Special Session, 227; 2003, 289, 573, 1122; 2007, 2765, 3252, effective July 1, 2008)

1. In addition to any other registration that is required pursuant to NRS 179D.450, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 3, if the sex offender resides or is present for 48 hours or more within:

(a) A county; or

(b) An incorporated city that does not have a city police department,

Ê the sex offender shall be deemed a resident sex offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

3. If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall be deemed a resident sex offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

4. If the sex offender is a nonresident sex offender who is a student or worker within this State, the sex offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this State.

5. A resident or nonresident sex offender shall immediately notify the appropriate local law enforcement agency if:

(a) 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

(b) 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.

Ê The sex offender shall provide the name, address and type of each such institution of higher education.

6. To register with a local law enforcement agency pursuant to this section, the sex offender shall:

(a) Unless the sex offender is incarcerated or confined and required to register pursuant to subsection 4 of NRS 179D.450, appear personally at the office of the appropriate local law enforcement agency;

(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph;

(c) If the sex offender has not provided a biological specimen pursuant to NRS 176.0913 or 176.0916, provide a biological specimen to the local law enforcement agency; and

(d) Sign and date the record of registration or some other proof of registration of the local law enforcement agency in the presence of an officer of the local law enforcement agency or in the presence of an officer of the institution or facility in which the sex offender is incarcerated or confined.

7. If a sex offender must provide a biological specimen pursuant to paragraph (c) of subsection 6, the local law enforcement agency shall arrange for the biological specimen to be obtained from the sex offender. The local law enforcement agency shall provide the specimen to the forensic laboratory that has been designated by the county in which the sex offender resides or is present to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

8. When a sex offender registers, the local law enforcement agency shall:

(a) Inform the sex offender of the duty to notify the local law enforcement agency if the sex offender 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

(b) Inform the sex offender of the duty to register with the local law enforcement agency in whose jurisdiction the sex offender relocates.

9. After the sex offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the sex offender.

10. If the Central Repository has not previously established a record of registration for a sex offender described in subsection 9, the Central Repository shall:

(a) Establish a record of registration for the sex offender;

(b) Provide notification concerning the sex offender to the appropriate local law enforcement agencies; and

(c) If the sex offender is subject to community notification and has not otherwise been assigned a level of 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.

11. When a sex offender notifies a local law enforcement agency that:

(b) 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,

(Added to NRS by 1997, 1657; A 1999, 1302; 2001, 2059; 2003, 575; 2007, 3253)

1. In addition to any other registration that is required pursuant to NRS 179D.450, each offender or sex offender who, after July 1, 1956, is or has been convicted of a crime against a child or a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 3, if the offender or sex offender resides or is present for 48 hours or more within:

(a) A county; or

(b) An incorporated city that does not have a city police department,

Ê the offender or sex offender shall be deemed a resident offender or sex offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

3. If the offender or sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender or sex offender shall be deemed a resident offender or sex offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

4. If the offender or sex offender is a nonresident offender or sex offender who is a student or worker within this State, the offender or sex offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this State.

5. A resident or nonresident offender or sex offender shall immediately notify the appropriate local law enforcement agency if:

Ê The offender or sex offender shall provide the name, address and type of each such institution of higher education.

6. To register with a local law enforcement agency pursuant to this section, the offender or sex offender shall:

(a) Appear personally at the office of the appropriate local law enforcement agency;

(b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

(c) Sign and date the record of registration or some other proof of registration of the local law enforcement agency in the presence of an officer of the local law enforcement agency.

7. When an offender or sex offender registers, the local law enforcement agency shall:

(a) Inform the offender or sex offender of the duty to notify the local law enforcement agency if the offender or sex offender 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

(b) Inform the offender or sex offender of the duty to register with the local law enforcement agency in whose jurisdiction the sex offender relocates.

8. After the offender or sex offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the offender or sex offender.

9. If the Central Repository has not previously established a record of registration for an offender or sex offender described in subsection 8, the Central Repository shall:

(a) Establish a record of registration for the offender or sex offender;

(b) Provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies; and

10. When an offender or sex offender notifies a local law enforcement agency that:

(Added to NRS by 1997, 1657; A 1999, 1302; 2001, 2059; 2003, 575; 2007, 2767, 3253, effective July 1, 2008)

NRS 179D.470 Sex offender to notify appropriate agencies of change of address and provide updated information; duties and procedure.

1. If a sex offender changes the address at which he resides, including moving from this State to another jurisdiction, or changes the primary address at which he is a student or worker, not later than 48 hours after changing such an address, the sex offender shall provide the new address, in person, to the local law enforcement agency in whose jurisdiction he now resides and, in person or in writing, to the local law enforcement agency in whose jurisdiction he formerly resided and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.

2. Upon receiving a change of address from a sex offender, the local law enforcement agency shall immediately forward the new address and any updated information to the Central Repository and:

(a) If the sex offender has changed an address within this State, the Central Repository shall immediately provide notification concerning the sex offender to the local law enforcement agency in whose jurisdiction the sex offender is now residing or is a student or worker and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided or was a student or worker; or

(b) If the sex offender has changed an address from this State to another jurisdiction, the Central Repository shall immediately provide notification concerning the sex offender to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided or was a student or worker.

(Added to NRS by 1997, 1658; A 1999, 1304; 2001, 2061)

NRS 179D.475 Community notification. [Effective July 1, 2008.]

1. Except as otherwise provided in subsection 3, the Central Repository shall immediately provide all updated information obtained pursuant to NRS 179D.445, 179D.447, 179D.460 or 179D.480 to:

(a) The Attorney General of the United States;

(b) The appropriate local law enforcement agencies for each jurisdiction in which the offender or sex offender resides or is a student or worker;

(c) Each jurisdiction in which the offender or sex offender now resides or is a student or worker and the jurisdiction in which he most recently resided or was a student or worker, if he changes the address at which he resides or is a student or worker;

(d) Any agency responsible for conducting employment-related background checks pursuant to 42 U.S.C. § 5119a; and

(e) Any organization, company or person who requests such notification.

2. Except as otherwise provided in subsection 3, a local law enforcement agency:

(a) Shall immediately provide all updated information obtained from the Central Repository pursuant to subsection 1 to:

(1) Each school, religious organization, youth organization and public housing authority in which the offender or sex offender resides or is a student or worker;

(2) Each agency which provides child welfare services as defined in NRS 432B.030;

(3) Volunteer organizations in which contact with children or other vulnerable persons might occur; and

(4) If the offender or sex offender is a Tier III offender, members of the public who are likely to encounter the offender or sex offender; and

(b) May provide any updated information obtained from the Central Repository pursuant to subsection 1 to any other person or entity whom the law enforcement agency determines warrants such notification.

3. An entity or person described in paragraph (e) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 may request to receive the updated information obtained pursuant to subsection 1 not less frequently than once every 5 business days.

(Added to NRS by 2007, 2762, effective July 1, 2008)

NRS 179D.480 Verification form. [Effective through June 30, 2008.]

1. Except as otherwise provided in subsections 2 and 5, each year, on the anniversary of the date that the Central Repository establishes a record of registration for the sex offender, the Central Repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the Central Repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

2. Except as otherwise provided in subsection 5, if a sex offender has been declared to be a sexually violent predator, every 90 days, beginning on the date that the Central Repository establishes a record of registration for the sex offender, the Central Repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the Central Repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

3. A sex offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The Central Repository shall provide all updated information to the appropriate local law enforcement agencies.

4. If the Central Repository does not receive a verification form from a sex offender and otherwise cannot verify the address or location of the sex offender, the Central Repository shall immediately notify the appropriate local law enforcement agencies.

5. The Central Repository is not required to complete the mailing pursuant to subsection 1 or 2:

(a) During any period in which a sex offender is incarcerated or confined or has changed his place of residence from this State to another jurisdiction; or

(b) For a nonresident sex offender who is a student or worker within this State.

(Added to NRS by 1997, 1658; A 1999, 1304; 2001, 2061)

1. Except as otherwise provided in subsection 3, an offender convicted of a crime against a child or a sex offender shall appear in person in at least one jurisdiction in which the offender or sex offender resides or is a student or worker:

(a) Not less frequently than annually, if the offender or sex offender is a Tier I offender;

(b) Not less frequently than every 180 days, if the offender or sex offender is a Tier II offender; or

Ê and shall allow the appropriate local law enforcement agency to collect a current set of fingerprints and palm prints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.

2. If an offender or sex offender does not comply with the provisions of subsection 1, the Central Repository shall:

(a) Immediately notify the appropriate local law enforcement agencies and the Attorney General of the United States; and

(b) Update the record of registration for the sex offender to reflect his failure to comply with the provisions of subsection 1.

3. An offender or sex offender is not required to comply with the provisions of subsection 1 during any period in which the offender or sex offender is incarcerated or confined.

(Added to NRS by 1997, 1658; A 1999, 1304; 2001, 2061; 2007, 2769, effective July 1, 2008)

NRS 179D.490 Duration of duty to register; termination of duty; procedure; exceptions. [Effective through June 30, 2008.]

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

(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).

(Added to NRS by 1997, 1659; A 1999, 1305; 2001, 2062)

NRS 179D.490 Duration of duty to register; termination of duty; procedure; exceptions. [Effective July 1, 2008.]

1. An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty to register is reduced pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 3, the full period of registration is:

(a) Fifteen years, if the offender or sex offender is a Tier I offender;

(b) Twenty-five years, if the offender or sex offender is a Tier II offender; and

Ê exclusive of any time during which the offender or sex offender is incarcerated or confined.

3. If an offender or sex offender complies with the provisions for registration:

(a) For an interval of at least 10 consecutive years, if the offender or sex offender is a Tier I offender; or

(b) For an interval of at least 25 consecutive years, if the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender,

Ê during which he is not convicted of an offense for which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction he resides or, if he is a nonresident offender or 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 or appropriate agency of another jurisdiction establishes a record of registration for the offender or sex offender or the date that the offender or sex offender is released, whichever occurs later.

4. If the offender or sex offender satisfies the requirements of subsection 3, the court shall hold a hearing on the petition at which the offender or 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 offender or sex offender satisfies the requirements of subsection 3, the court shall:

(a) If the offender or sex offender is a Tier I offender, reduce the period of time during which the offender or sex offender is required to register by 5 years; and

(b) If the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender, reduce the period of time during which the offender or sex offender is required to register from the life of the offender or sex offender to that period of time for which the offender or sex offender meets the requirements of subsection 3.

(Added to NRS by 1997, 1659; A 1999, 1305; 2001, 2062; 2007, 2770, effective July 1, 2008)

NRS 179D.495 Duty of Central Repository to determine whether person is required to register as a Tier I, Tier II or Tier III offender. [Effective July 1, 2008.] If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of an offense described in paragraph (p) of subsection 1 of NRS 179D.097, paragraph (e) of subsection 1 or subsection 3 of NRS 179D.115 or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.

(Added to NRS by 2007, 2762, effective July 1, 2008)

Sexually Violent Predators

NRS 179D.510 Petition by prosecuting attorney; procedure; access to records of sex offender; rights of confidentiality and privileges deemed waived. [Effective through June 30, 2008.]

1. If a sex offender is convicted of a sexually violent offense, or if a sex offender is convicted of a sexual offense and the sex offender previously has been convicted of a sexually violent offense, the prosecuting attorney may petition the court in which the sex offender was sentenced for a declaration that the sex offender is a sexually violent predator for the purposes of this chapter. The petition must be filed before the sex offender is released.

2. If the prosecuting attorney files a petition pursuant to subsection 1, the court shall schedule a hearing on the petition and shall order the sex offender to submit to an evaluation by a panel consisting of two qualified professionals, two persons who are advocates of victims’ rights and two persons who represent law enforcement agencies. As part of the evaluation by the panel, the two qualified professionals shall conduct a psychological examination of the sex offender. The panel shall prepare a report of its conclusions, including, but not limited to, the conclusions of the two qualified professionals regarding whether the sex offender suffers from a mental disorder or personality disorder, and shall provide a copy of the report to the court.

3. If, after reviewing the report and considering the evidence presented at the hearing, the court determines that the sex offender suffers from a mental disorder or personality disorder, the court shall enter an order declaring the sex offender to be a sexually violent predator for the purposes of this chapter.

4. If the court determines that the sex offender does not suffer from a mental disorder or personality disorder, the sex offender remains subject to registration and community notification as a sex offender pursuant to the provisions of this chapter.

5. A panel conducting an evaluation of a sex offender pursuant to subsection 2 must be given access to all records of the sex offender that are necessary to conduct the evaluation, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.

(Added to NRS by 1997, 1660; R 2007, 2780, effective July 1, 2008)

NRS 179D.530 Contents of record of registration for sexually violent predator. [Effective through June 30, 2008.] In addition to the information that must be included in a record of registration pursuant to NRS 179D.150, the record of registration for a sex offender declared to be a sexually violent predator must include a notation regarding whether the sex offender has previously received treatment for his mental disorder or personality disorder.

(Added to NRS by 1997, 1661; R 2007, 2780, effective July 1, 2008)

Prohibited Acts and Penalties

NRS 179D.550 Prohibited acts; penalties. [Effective through June 30, 2008.]

1. Except as otherwise provided in subsection 2, a sex offender who:

(a) Fails to register with a local law enforcement agency;

(b) Fails to notify the local law enforcement agency of a change of address;

(d) Otherwise violates the provisions of NRS 179D.350 to 179D.550, inclusive,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. A sex offender who commits a second or subsequent violation of subsection 1 within 7 years after the first violation is guilty of a category C felony and shall be punished as provided in NRS 193.130. A court shall not grant probation to or suspend the sentence of a person convicted pursuant to this subsection.

(Added to NRS by 1997, 1661; A 1999, 1306; 2001, 2063; 2005, 2872; 2007, 100)

NRS 179D.550 Prohibited acts; penalties; duties of local law enforcement agency. [Effective July 1, 2008.]

1. Except as otherwise provided in subsection 2, an offender or sex offender who:

(a) Fails to register with a local law enforcement agency;

(b) Fails to notify the local law enforcement agency of a change of name, residence, employment or student status as required pursuant to NRS 179D.447;

(d) Otherwise violates the provisions of NRS 179D.010 to 179D.550, inclusive,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. An offender or sex offender who commits a second or subsequent violation of subsection 1 within 7 years after the first violation is guilty of a category C felony and shall be punished as provided in NRS 193.130. A court shall not grant probation to or suspend the sentence of a person convicted pursuant to this subsection.

3. If a local law enforcement agency is aware that an offender or sex offender in its jurisdiction has failed to comply with a provision of NRS 179D.010 to 179D.550, inclusive, the local law enforcement agency must take any appropriate action to ensure his compliance.

(Added to NRS by 1997, 1661; A 1999, 1306; 2001, 2063; 2005, 2872; 2007, 100, 2771, effective July 1, 2008)

CENTRAL REPOSITORY

NRS 179D.570 Duty to share information with certain agencies; requirements of information; regulations. [Effective through June 30, 2008.]

1. The Central Repository shall, in accordance with the requirements of this section, share information concerning sex offenders and offenders convicted of a crime against a child with:

(a) The State Gaming Control Board to carry out the provisions of NRS 463.335 pertaining to the registration of a gaming employee who is a sex offender or an offender convicted of a crime against a child. The Central Repository shall, at least once each calendar month, provide the State Gaming Control Board with the name and other identifying information of each offender who is not in compliance with the provisions of this chapter, in the manner and form agreed upon by the Central Repository and the State Gaming Control Board.

(b) The Department of Motor Vehicles to carry out the provisions of NRS 483.283, 483.861 and 483.929.

2. The information shared by the Central Repository pursuant to this section must indicate whether a sex offender or an offender convicted of a crime against a child is in compliance with the provisions of this chapter.

3. The Central Repository shall share information pursuant to this section as expeditiously as possible under the circumstances.

4. The Central Repository may adopt regulations to carry out the provisions of this section.

5. As used in this section:

(a) “Offender convicted of a crime against a child” has the meaning ascribed to it in NRS 179D.216.

(b) “Sex offender” has the meaning ascribed to it in NRS 179D.400.

(Added to NRS by 2005, 2871)

NRS 179D.570 Duty to share information with certain agencies; requirements of information; regulations. [Effective July 1, 2008.]

1. The Central Repository shall, in accordance with the requirements of this section, share information concerning sex offenders and offenders convicted of a crime against a child with:

(b) The Department of Motor Vehicles to carry out the provisions of NRS 483.283, 483.861 and 483.929.

3. The Central Repository shall share information pursuant to this section as expeditiously as possible under the circumstances.

4. The Central Repository may adopt regulations to carry out the provisions of this section.

(Added to NRS by 2005, 2871; A 2007, 2772, effective July 1, 2008)

COMMUNITY NOTIFICATION OF SEX OFFENDERS

General Provisions

NRS 179D.600 Definitions. [Effective through June 30, 2008.] As used in NRS 179D.600 to 179D.800, inclusive, unless the context otherwise requires, the words and terms defined in NRS 179D.605 to 179D.660, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1661; A 1999, 1306; R 2007, 2780, effective July 1, 2008)

NRS 179D.605 “Nonresident sex offender who is a student or worker within this State” and “nonresident sex offender” defined. [Effective through June 30, 2008.] “Nonresident sex offender who is a student or worker within this State” and “nonresident sex offender” mean a sex offender who is a student or worker within this State but who is not otherwise deemed a resident sex offender pursuant to subsection 2 or 3 of NRS 179D.460.

(Added to NRS by 1999, 1291; R 2007, 2780, effective July 1, 2008)

NRS 179D.610 “Sex offender” defined. [Effective through June 30, 2008.]

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.620; 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.620.

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.

(Added to NRS by 1997, 1661; A 1999, 1306; 2001, 2797; 2003, 1390; R 2007, 2780, effective July 1, 2008)

NRS 179D.620 “Sexual offense” defined. [Effective through June 30, 2008.] “Sexual offense” means any of the following offenses:

2. Sexual assault pursuant to NRS 200.366.

3. Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony.

4. Battery with intent to commit sexual assault pursuant to NRS 200.400.

7. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony.

8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

9. Incest pursuant to NRS 201.180.

10. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony.

11. Open or gross lewdness pursuant to NRS 201.210, if punished as a felony.

12. Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony.

13. Lewdness with a child pursuant to NRS 201.230.

14. Sexual penetration of a dead human body pursuant to NRS 201.450.

15. Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony.

16. An attempt or conspiracy to commit an offense listed in subsections 1 to 15, inclusive, if punished as a felony.

17. An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

(a) A tribal court.

(b) A court of the United States or the Armed Forces of the United States.

19. An offense of a sexual nature committed in another jurisdiction and punished as a felony, 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. This subsection includes, but is 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.

(Added to NRS by 1997, 1661; A 1999, 1307; 2001, 2797; 2003, 576, 1390; R 2007, 2780, effective July 1, 2008)

NRS 179D.630 “Sexually violent predator” defined. [Effective through June 30, 2008.] “Sexually violent predator” has the meaning ascribed to it in NRS 179D.430.

(Added to NRS by 1997, 1662; R 2007, 2780, effective July 1, 2008)

NRS 179D.640 “Tier 1 level of notification” defined. [Effective through June 30, 2008.] “Tier 1 level of notification” means community notification pursuant to paragraph (a) of subsection 1 of NRS 179D.730.

(Added to NRS by 1997, 1662; R 2007, 2780, effective July 1, 2008)

NRS 179D.650 “Tier 2 level of notification” defined. [Effective through June 30, 2008.] “Tier 2 level of notification” means community notification pursuant to paragraph (b) of subsection 1 of NRS 179D.730.

(Added to NRS by 1997, 1662; R 2007, 2780, effective July 1, 2008)

NRS 179D.660 “Tier 3 level of notification” defined. [Effective through June 30, 2008.] “Tier 3 level of notification” means community notification pursuant to paragraph (c) of subsection 1 of NRS 179D.730.

(Added to NRS by 1997, 1662; R 2007, 2780, effective July 1, 2008)

Guidelines and Procedure

NRS 179D.700 Advisory Council for Community Notification; creation; members; vacancies; recommendations concerning notification. [Effective through June 30, 2008.]

1. There is hereby created an Advisory Council for Community Notification. The council consists of:

(a) Three members, of whom no more than two may be of the same political party, appointed by the Governor; and

(b) Four members, of whom no more than two may be of the same political party, appointed by the Legislative Commission.

2. Each member serves a term of 4 years. Members may be reappointed for additional terms of 4 years in the same manner as the original appointments.

3. A vacancy occurring in the membership of the council must be filled in the same manner as the original appointments.

4. The council shall consult with and provide recommendations to the Attorney General concerning guidelines and procedures for community notification.

(Added to NRS by 1997, 1662; R 2007, 2780, effective July 1, 2008)

NRS 179D.710 Attorney General to establish guidelines and procedures; uniform application; scope. [Effective through June 30, 2008.]

1. The Attorney General shall consult with the Advisory Council for Community Notification and shall establish guidelines and procedures for community notification pursuant to NRS 179D.600 to 179D.800, inclusive.

2. The guidelines and procedures established by the Attorney General must be designed to promote, to the extent practicable, the uniform application of the provisions of NRS 179D.600 to 179D.800, inclusive.

3. The provisions of NRS 179D.600 to 179D.800, inclusive, must not be construed to prevent:

(a) Law enforcement officers from providing the public with notification concerning persons who pose a threat to the safety of the public.

(b) A campus police department from providing the campus community with notification concerning persons who pose a threat to the safety of the campus community.

(Added to NRS by 1997, 1662; A 2003, 577; R 2007, 2780, effective July 1, 2008)

NRS 179D.720 Assessment of risk of recidivism; factors considered; access to records of sex offender; rights of confidentiality and privileges deemed waived. [Effective through June 30, 2008.]

1. Except as otherwise provided in subsection 5, the Attorney General shall establish guidelines and procedures for assessing the risk of recidivism of each sex offender who resides within this State and each nonresident sex offender who is a student or worker within this State.

2. The guidelines and procedures must identify and incorporate factors relevant to the risk of recidivism of the sex offender, including, but not limited to:

(a) Conditions of release that minimize the risk of recidivism, including probation or parole, counseling, therapy or treatment;

(b) Physical conditions that minimize the risk of recidivism, including advanced age or debilitating illness; and

(1) Whether the conduct of the sex offender was found to be characterized by repetitive and compulsive behavior;

(2) Whether the sex offender committed the sexual offense against a child;

(3) Whether the sexual offense involved the use of a weapon, violence or infliction of serious bodily injury;

(4) The number, date and nature of prior offenses;

(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;

(6) The response of the sex offender to treatment;

(7) Any recent threats against a person or expressions of intent to commit additional crimes; and

(8) Behavior while confined.

3. The assessment of the risk of recidivism of a sex offender may be based upon information concerning the sex offender obtained from agencies of this State and agencies from other jurisdictions.

4. Each person who is conducting the assessment must be given access to all records of the sex offender that are necessary to conduct the assessment, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.

5. The Attorney General may provide in the guidelines and procedures for a provisional waiver of the assessment of the risk of recidivism of any nonresident sex offender who is not likely to be a student or worker within this State for more than 30 consecutive days and who is not likely to pose a substantial threat to the safety of the public. If a nonresident sex offender is granted such a provisional waiver, the nonresident sex offender:

(a) Shall be deemed to be assigned provisionally a Tier 1 level of notification; and

(b) May be assessed and assigned any other level of notification pursuant to the provisions of NRS 179D.600 to 179D.800, inclusive, and the guidelines and procedures for community notification established by the Attorney General if, at any time during the period of the provisional waiver, there is any cause to believe that the nonresident sex offender will be a student or worker within this State for an extended period or that he poses a threat to the safety of the public.

(Added to NRS by 1997, 1662; A 1999, 1308; R 2007, 2780, effective July 1, 2008)

1. Except as otherwise provided in this section, the guidelines and procedures for community notification established by the Attorney General must provide for the following levels of notification, depending upon the risk of recidivism of the sex offender:

(a) If the risk of recidivism is low, the sex offender must be assigned a Tier 1 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall notify other law enforcement agencies that are likely to encounter the sex offender.

(b) If the risk of recidivism is moderate, the sex offender must be assigned a Tier 2 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide notification pursuant to paragraph (a) and shall notify schools and religious and youth organizations that are likely to encounter the sex offender.

(c) If the risk of recidivism is high, the sex offender must be assigned a Tier 3 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide notification pursuant to paragraphs (a) and (b) and shall notify the public through means designed to reach members of the public who are likely to encounter the sex offender.

2. If the sex offender is assigned a Tier 2 or Tier 3 level of notification and the sex offender has committed a sexual offense against a person less than 18 years of age, the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker shall provide the appropriate notification for Tier 2 or Tier 3 and, in addition, shall notify:

(a) Motion picture theaters, other than adult motion picture theaters, which are likely to encounter the sex offender; and

(b) Businesses which are likely to encounter the sex offender and which primarily have children as customers or conduct events that primarily children attend. Notification pursuant to this subsection must include a copy of a photograph of the sex offender. As used in paragraph (a), “adult motion picture theater” has the meaning ascribed to it in NRS 278.0221.

3. A sex offender must be assigned a Tier 3 level of notification if the sex offender has been:

(a) Declared to be a sexually violent predator;

(b) Convicted of three or more sexually violent offenses, and at least two of the offenses were brought and tried separately;

(c) Convicted of two sexually violent offenses and one or more nonsexually violent offenses, and at least two of the offenses were brought and tried separately;

(d) Convicted of one sexually violent offense and two or more nonsexually violent offenses, and at least two of the offenses were brought and tried separately;

(e) Convicted of two sexually violent offenses, and both offenses were brought and tried separately, and the sex offender has been arrested on three or more separate occasions for commission of a sexually violent offense, a nonsexually violent offense or an associated offense; or

(f) Convicted of one sexually violent offense and one nonsexually violent offense, and both offenses were brought and tried separately, and the sex offender has been arrested on three or more separate occasions for commission of a sexually violent offense, a nonsexually violent offense or an associated offense.

4. The existence of the community notification website must not be construed to affect, in any manner, the responsibility to provide notification pursuant to this section.

5. As used in this section:

(a) “Associated offense” includes any of the following offenses:

(1) Harassment pursuant to NRS 200.571.

(2) Stalking or aggravated stalking pursuant to NRS 200.575.

(3) Any offense related to obscenity pursuant to NRS 201.235 to 201.254, inclusive.

(4) Any offense related to obscene, threatening or annoying telephone calls pursuant to NRS 201.255.

(5) Any offense related to burglary or invasion of the home pursuant to NRS 205.060 to 205.080, inclusive.

(b) “Community notification website” has the meaning ascribed to it in NRS 179B.023.

(1) Involves the use or threatened use of force or violence against the victim; and

(2) Is not a sexual offense as defined pursuant to NRS 179D.410.

(d) “Sexually violent offense” has the meaning ascribed to it in NRS 179D.420.

(Added to NRS by 1997, 1663; A 1999, 1309; 2005, 2872; R 2007, 2780, effective July 1, 2008)

NRS 179D.740 Notice to sex offender of level of notification assigned and procedure for reconsideration; exceptions. [Effective through June 30, 2008.] A sex offender who is assigned a Tier 2 or Tier 3 level of notification must be provided with notice indicating:

1. The level of notification he has been assigned; and

2. The procedures the sex offender must follow to request reconsideration of the level of notification, unless the level of notification is not subject to reconsideration pursuant to a specific statute.

(Added to NRS by 1997, 1664; R 2007, 2780, effective July 1, 2008)

NRS 179D.750 Change in level of notification after unlawful or harmful act. [Effective through June 30, 2008.]

1. Except as otherwise provided in subsection 5 of NRS 179D.720, if a sex offender has been assigned a level of notification pursuant to NRS 179D.600 to 179D.800, inclusive, and the sex offender:

(a) Is convicted of an offense that poses a threat to the safety or well-being of others;

(b) Annoys, harasses, threatens or intimidates a victim of one of his sexual offenses; or

(c) Commits an overt act which is sexually motivated or involves the use or threatened use of force or violence and which causes harm or creates a reasonable apprehension of harm,

Ê the level of notification assigned to the sex offender may be changed in accordance with the guidelines and procedures established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

2. As used in this section:

(a) “Sexual offense” includes, but is not limited to, a sexual offense punishable as a misdemeanor or gross misdemeanor.

(b) “Sexually motivated” means that one of the purposes for which the person committed the act was his sexual gratification.

(Added to NRS by 1997, 1664; A 1999, 1309; R 2007, 2780, effective July 1, 2008)

NRS 179D.760 Reassessment of risk of recidivism; termination of notification; procedure; exceptions. [Effective through June 30, 2008.]

1. Except as otherwise provided in subsection 6, if a sex offender is subject to community notification for an interval of at least 10 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 petition the Attorney General for a reassessment of his risk of recidivism.

2. If the sex offender satisfies the requirements of subsection 1, the Attorney General shall arrange for a reassessment. The reassessment must be conducted in the same manner as an assessment of the risk of recidivism.

3. If the sex offender is assigned a Tier 1 level of notification before the reassessment is conducted, the sex offender may be:

(a) Reassigned the Tier 1 level of notification that he is currently assigned; or

(b) Relieved from being subject to community notification.

4. If the sex offender is assigned a Tier 2 or Tier 3 level of notification before the reassessment is conducted, the sex offender may be:

(a) Reassigned the level of notification that he is currently assigned; or

(b) Reassigned a level of notification that is one tier below the level of notification that he is currently assigned.

5. After receiving a reassessment pursuant to subsections 1 and 2, the sex offender may file another petition for a reassessment 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.

6. If a sex offender has been declared to be a sexually violent predator, the sex offender may not receive a reassessment pursuant to the provisions of this section.

(Added to NRS by 1997, 1664; A 1999, 1310; R 2007, 2780, effective July 1, 2008)

NRS 179D.770 Disclosure of information by law enforcement agencies. [Effective through June 30, 2008.] The law enforcement agency in whose jurisdiction a sex offender resides or is a student or worker shall disclose information regarding the sex offender to the appropriate persons pursuant to the guidelines and procedures established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

(Added to NRS by 1997, 1665; A 1999, 1310; R 2007, 2780, effective July 1, 2008)

Juvenile Sex Offenders

1. The Attorney General shall establish guidelines and procedures for community notification concerning juvenile sex offenders who are subject to the provisions of NRS 62F.200 to 62F.260, inclusive. The guidelines and procedures for community notification concerning juvenile sex offenders must be, to the extent practicable, consistent with the guidelines and procedures for community notification concerning adult sex offenders established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

2. Upon receiving notification from a probation officer or parole officer, as appropriate, assigned to a juvenile sex offender pursuant to NRS 62F.200 to 62F.260, inclusive, the local law enforcement agency receiving the notification shall disclose information regarding the juvenile sex offender to the appropriate persons pursuant to the guidelines and procedures established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.

3. Each person who is conducting an assessment of the risk of recidivism of a juvenile sex offender must be given access to all records of the juvenile sex offender that are necessary to conduct the assessment, including, but not limited to, records compiled pursuant to title 5 of NRS, and the juvenile sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.

(Added to NRS by 1997, 1665; A 2003, 1124; R 2007, 2780, effective July 1, 2008)

LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION

1. Information that is disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.

2. A law enforcement agency and its officers and employees, the Central Repository and its officers and employees, and a campus police department and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained, maintained or disclosed pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:

(a) The accuracy of information in a record of registration; or

(b) The disclosure of or the failure to disclose information pursuant to the provisions of this chapter.

(Added to NRS by 1997, 1665; A 2003, 578)