[Rev. 11/21/2013 9:58:20 AM--2013]

CHAPTER 179B - STATEWIDE REGISTRY OF SEX OFFENDERS AND OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD

GENERAL PROVISIONS

NRS 179B.010        Definitions.

NRS 179B.020        “Central Repository” defined.

NRS 179B.023        “Community notification website” defined.

NRS 179B.025        “Convicted” defined.

NRS 179B.030        “Crime against a child” defined.

NRS 179B.040        “Department” defined.

NRS 179B.050        “Director” defined.

NRS 179B.060        “Division” defined.

NRS 179B.070        “Law enforcement officer” defined.

NRS 179B.073        “Offender” defined.

NRS 179B.075        “Offender convicted of a crime against a child” defined.

NRS 179B.090        “Record of registration” defined.

NRS 179B.100        “Requester” defined.

NRS 179B.110        “Sex offender” defined.

NRS 179B.130        “Statewide registry” defined.

NRS 179B.140        “Subject of the search” defined.

ESTABLISHMENT AND CONTENTS

NRS 179B.200        Establishment of registry; contents; search of registry by law enforcement officer; access by other persons; contents deemed record of criminal history for limited purposes.

COMMUNITY NOTIFICATION WEBSITE

NRS 179B.250        Establishment, maintenance and content of website; information to be included with each inquiry; duties, authorizations and prohibitions of Central Repository.

NRS 179B.270        Restrictions on use of information.

NRS 179B.280        Misuse of information: Civil liabilities.

NRS 179B.285        Criminal penalties for using information to commit crime.

NRS 179B.290        Misuse of information: Attorney General may file action for injunctive relief.

LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION

NRS 179B.300        Prohibition on disclosing name of victim; immunity for Central Repository and law enforcement agencies.

_________

GENERAL PROVISIONS

      NRS 179B.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179B.020 to 179B.140, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 1644; A 1999, 1288; 2003, 2829; 2005, 2868)

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

      (Added to NRS by 1997, 1644)

      NRS179B.023  “Community notification website” defined.  “Community notification website” means the website on the Internet established and maintained by the Department pursuant to NRS 179B.250.

      (Added to NRS by 2005, 2867)

      NRS 179B.025  “Convicted” defined.  “Convicted” has the meaning ascribed to it in NRS 179D.035.

      (Added to NRS by 1999, 1288)

      NRS 179B.030  “Crime against a child” defined.  “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (Added to NRS by 1997, 1644; A 2007, 2754)

      NRS 179B.040  “Department” defined.  “Department” means the Department of Public Safety.

      (Added to NRS by 1997, 1644; A 2001, 2578)

      NRS 179B.050  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 1997, 1644)

      NRS 179B.060  “Division” defined.  “Division” means the Division of Parole and Probation of the Department.

      (Added to NRS by 1997, 1644)

      NRS 179B.070  “Law enforcement officer” defined.  “Law enforcement officer” includes, but is not limited to:

      1.  A prosecuting attorney or an attorney from the Office of the Attorney General;

      2.  A sheriff of a county or a sheriff’s deputy;

      3.  An officer of a metropolitan police department or a police department of an incorporated city;

      4.  An officer of the Division;

      5.  An officer of the Department of Corrections;

      6.  An officer of a law enforcement agency from another jurisdiction; or

      7.  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, 1644; A 2001 Special Session, 225)

      NRS 179B.073  “Offender” defined.  “Offender” means a sex offender or an offender convicted of a crime against a child.

      (Added to NRS by 2003, 2829)

      NRS 179B.075  “Offender convicted of a crime against a child” defined.  “Offender convicted of a crime against a child” has the meaning ascribed to it in NRS 179D.0559.

      (Added to NRS by 1999, 1288; A 2007, 2754)

      NRS 179B.090  “Record of registration” defined.  “Record of registration” has the meaning ascribed to it in NRS 179D.070.

      (Added to NRS by 1997, 1645; A 2011, 220)

      NRS 179B.100  “Requester” defined.  “Requester” means a person who requests information from the community notification website.

      (Added to NRS by 1997, 1645; A 2005, 2868)

      NRS 179B.110  “Sex offender” defined.  “Sex offender” has the meaning ascribed to it in NRS 179D.400.

      (Added to NRS by 1997, 1645)

      NRS 179B.130  “Statewide registry” defined.  “Statewide registry” means the statewide registry of sex offenders and offenders convicted of a crime against a child established within the central repository pursuant to NRS 179B.200.

      (Added to NRS by 1997, 1645)

      NRS 179B.140  “Subject of the search” defined.  “Subject of the search” means the person about whom a requester seeks information.

      (Added to NRS by 1997, 1645)

ESTABLISHMENT AND CONTENTS

      NRS 179B.200  Establishment of registry; contents; search of registry by law enforcement officer; access by other persons; contents deemed record of criminal history for limited purposes.

      1.  The Director shall establish within the Central Repository a statewide registry of sex offenders and offenders convicted of a crime against a child that consists of the record of registration for each such offender and all other information concerning each such offender that is obtained pursuant to law.

      2.  The statewide registry must be organized so that a law enforcement officer may search the records of registration in the registry by entering certain search information, including, but not limited to:

      (a) A name, alias, physical description or address of an offender.

      (b) A geographic location where an offense was committed.

      (c) The age, gender, race or general physical description of a victim.

      (d) The method of operation used by an offender, including, but not limited to:

             (1) The specific sexual acts committed against a victim;

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

             (3) The type of injuries inflicted on a 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 an offender.

      3.  Except as otherwise provided in this subsection or by specific statute, information in the statewide registry may be accessed only by a law enforcement officer in the regular course of the law enforcement officer’s duties and officers and employees of the Central Repository. The Director may permit the following persons to have access to information in the statewide registry:

      (a) Except as otherwise provided in chapter 179A of NRS or by specific statute, an officer or employee of a governmental agency that is investigating the background of a person for the purposes of employment.

      (b) Any other person for the limited purposes of research or statistical analysis.

      4.  Information contained in the statewide registry, including, but not limited to, the record of registration of an offender, shall be deemed a record of criminal history only for the purposes of those provisions of chapter 179A of NRS that are consistent with the provisions of this chapter.

      (Added to NRS by 1997, 1645; A 1999, 1288)

COMMUNITY NOTIFICATION WEBSITE

      NRS 179B.250  Establishment, maintenance and content of website; information to be included with each inquiry; duties, authorizations and prohibitions of Central Repository.

      1.  The Department shall establish and maintain within the Central Repository a community notification website to provide the public with access to certain information contained in the statewide registry in accordance with the procedures set forth in this section.

      2.  The community notification website is the source of record for information available to the public concerning offenders listed in the statewide registry, and must:

      (a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;

      (b) Include in its design all the search field capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920;

      (c) Include, to the extent practicable, links to sex offender safety and education resources;

      (d) Include instructions on how to seek correction of information that a person contends is erroneous; and

      (e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.

      3.  For each inquiry to the community notification website, the requester may provide:

      (a) The name of the subject of the search;

      (b) Any alias of the subject of the search;

      (c) The zip code of the residence, place of work or school of the subject of the search; or

      (d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.

      4.  For each inquiry to the community notification website made by the requester, the Central Repository shall:

      (a) Explain the levels of registration and community notification that are assigned to sex offenders pursuant to NRS 179D.010 to 179D.550, inclusive; and

      (b) Explain that the Central Repository is prohibited by law from disclosing certain information concerning certain offenders, even if those offenders are listed in the statewide registry.

      5.  If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository shall disclose to the requester information in the statewide registry concerning the offender as provided pursuant to subsection 6.

      6.  After each inquiry to the community notification website made by the requester, the Central Repository shall inform the requester that:

      (a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;

      (b) The search of the statewide registry has not produced information that is available to the public through the statewide registry; or

      (c) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. Except as otherwise provided in subsection 7, if a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository shall provide the requester with the following information:

             (1) The name of the offender and all aliases that the offender has used or under which the offender has been known.

             (2) A complete physical description of the offender.

             (3) A current photograph of the offender.

             (4) The year of birth of the offender.

             (5) The complete address of any residence at which the offender resides or will reside.

             (6) The address of any location where the offender is or will be:

                   (I) A student, as defined in NRS 179D.110; or

                   (II) A worker, as defined in NRS 179D.120.

             (7) The license plate number and a description of any motor vehicle owned or operated by the offender.

             (8) The following information for each offense for which the offender has been convicted:

                   (I) The offense that was committed, including a citation to and the text of the specific statute that the offender violated.

                   (II) The court in which the offender was convicted.

                   (III) The name under which the offender was convicted.

                   (IV) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender was committed for the offense.

                   (V) The city, township or county where the offense was committed.

             (9) The tier level of registration and community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.

             (10) Any other information required by federal law.

      7.  If a search of the statewide registry results in a match pursuant to paragraph (c) of subsection 6, the Central Repository shall not provide the requester with:

      (a) The identity of any victim of a sexual offense or crime against a child;

      (b) Any information relating to a Tier I offender unless the offender has been convicted of a sexual offense against a child or a crime against a child;

      (c) The social security number of the offender;

      (d) The name of any location where the offender is or will be:

             (1) A student, as defined in NRS 179D.110; or

             (2) A worker, as defined in NRS 179D.120;

      (e) Any reference to arrests of the offender that did not result in conviction;

      (f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph (c) of subsection 6; or

      (g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.

      8.  A person may not use information obtained through the community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

      9.  The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:

      (a) Accessing information in the statewide registry pursuant to NRS 179B.200;

      (b) Carrying out any duty pursuant to chapter 179D of NRS; or

      (c) Carrying out any duty pursuant to another provision of law.

      10.  As used in this section, “Tier I offender” has the meaning ascribed to it in NRS 179D.113.

      (Added to NRS by 1997, 1646; A 1999, 1289; 2003, 2829, 2845; 2005, 2868; 2007, 2754; 2013, 372)

      NRS179B.270  Restrictions on use of information.  Except as otherwise authorized pursuant to specific statute, a person shall not use information obtained from the community notification website for any purpose related to any of the following:

      1.  Insurance, including health insurance.

      2.  Loans.

      3.  Credit.

      4.  Employment.

      5.  Education, scholarships or fellowships.

      6.  Housing or accommodations.

      7.  Benefits, privileges or services provided by any business establishment.

      (Added to NRS by 2005, 2867)

      NRS179B.280  Misuse of information: Civil liabilities.  Any person who uses information obtained from the community notification website in violation of the provisions of NRS 179B.250 or 179B.270 is liable:

      1.  In a civil action brought by or on behalf of a person injured by the violation, for damages, attorney’s fees and costs incurred as the result of the violation; and

      2.  In a civil action brought in the name of the State of Nevada by the Attorney General, for a civil penalty not to exceed $25,000 and for the costs of the action, including investigative costs and attorney’s fees.

      (Added to NRS by 2005, 2868)

      NRS 179B.285  Criminal penalties for using information to commit crime.  In addition to any civil liability provided pursuant to NRS 179B.280, if any person uses information obtained from the community notification website to commit a crime punishable as:

      1.  A misdemeanor, the person is guilty of a gross misdemeanor.

      2.  A gross misdemeanor, the person is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 2007, 2754)

      NRS179B.290  Misuse of information: Attorney General may file action for injunctive relief.

      1.  If there is reasonable cause to believe that a person or group of persons has engaged in or is about to engage in any act or practice, or any pattern of acts or practices, which involves the use of information obtained from the community notification website and which violates any provision of this section, NRS 179B.250, 179B.270 or 179B.280, the Attorney General may file an action for injunctive relief in the appropriate district court to prevent the occurrence or continuance of that act or practice or pattern of acts or practices.

      2.  An injunction pursuant to this section:

      (a) May be issued without proof of actual damage sustained by any person; and

      (b) Does not preclude or affect the availability of any other remedy including, without limitation, the criminal prosecution of a violator or the filing or maintenance of a civil action for damages or a civil penalty pursuant to NRS 179B.280.

      (Added to NRS by 2005, 2868)

LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION

      NRS 179B.300  Prohibition on disclosing name of victim; immunity for Central Repository and law enforcement agencies.

      1.  Information in the statewide registry, including information in the community notification website, that is accessed or disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.

      2.  The Central Repository 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 the statewide registry; or

      (b) The disclosure of or the failure to disclose information in the statewide registry.

      3.  A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:

      (a) The accuracy of information obtained from the statewide registry; or

      (b) The disclosure of or the failure to disclose information obtained from the statewide registry.

      (Added to NRS by 1997, 1647; A 2005, 2870)