Skip links

Failure To Register As A Sex Offender In Las Vegas

Failure To Register As A Sex Offender Charges In Las Vegas

If you’ve been charged with a sex crime in Nevada and the court has determined that registering as a sex offender is a component of your punishment, it can be tempting to ignore this request. Because of the registry, sex crimes can haunt you for years after the case is closed because in certain circumstances you must remain on the sex offender list indefinitely. If you have been charged with failing to register as a sex offender in Las Vegas when the court has ordered you to do so, contact the Spartacus Law Firm today to speak with our qualified Las Vegas sex crime attorney as soon as possible to avoid significant penalties including additional jail time.

Definition Of Sexual Offense In Nevada

According to Nevada Revised Statute § 179D.097, a “sexual offense” is defined as any of the following:

Tier Classification of Sex Offenders In Nevada

Nevada Revised Statutes §§ 179D.113 to 179D.117 define sex offenders under the following classifications:

Tier I Sex Offender

The least serious class of sex offender in the Nevada Sex Offender Registry is classified as Tier 1. The identities of these individuals are not publicly searchable in the database unless the victim was a child. Tier I offenders are required to register for 15 years and must personally check in with law enforcement once each year. Some examples of crimes that may result in Tier I status include certain non-violent sex crimes:

Tier II Sex Offender

Tier 2 of the Nevada Sex Offender Registry applies to persons convicted of sex offenses against minors under the age of 18. Tier II offenders are required to register for 25 years and must check in with the cops once every 180 days. After being found guilty of a crime such as:

  • Child abuse (NRS 200.508) involving sexual abuse or sexual exploitation of a child at least 13 years old;
  • Sex trafficking (NRS 201.300); or
  • Child pornography

Tier III Sex Offender

Tier 3 is the most severe class of sex offenders within the Nevada Sex Offender Registry, and applies to convictions for crimes such as rape and sexual abuse of a child under 13 years of age. Tier III offenders are required to register for life and must report to law enforcement every 90 days. Tier III status is given to those who have been convicted of violent Nevada sex crimes against children, such as:

  • Sexual assault (NRS 200.366) (a.k.a. rape);
  • Child abuse (NRS 200.508) involving sexual abuse or sexual exploitation of a victim under 13 years old; and
  • Kidnapping (NRS 200.310) a child under 18 years old (unless the offender is the parent or guardian of the victim)

Charges For Failing To Register As A Sex Offender

An offender convicted of a crime against a child or sex offender in Nevada is required to appear in person in at least one location where the offender or sex offender resides or works as a student or employee no less frequently than once every 90 days.

  • Annually if the offender or sex offender is a Tier I offender
  • Every 180 days if the offender or sex offender is a Tier II offender
  • Every 90 days if the offender or sex offender is a Tier III offender

NRS 179D.490 outlines the requirements for a sex offender’s duty to register as long as he or she resides or is present in Nevada, whether as a resident offender or nonresident offender and is a student or employee there. The entire registration period, excluding any time when the offender or sex offender is incarcerated or confined, is:

  • 15 years for a Tier I offender
  • 25 years for a Tier II offender
  • Life for a Tier III offender

An offender or sex offender who fails to register with a local law enforcement agency, fails to notify the local law enforcement agency of a change of name, residence, employment, or student status, furnishes incorrect or misleading information to the Central Repository or a local law enforcement agency, or otherwise violates Nevada Revised Statutes §§ 179D.010 to 179D.550 is guilty of a category D felony under Nevada Revised Statutes § 179D.550. A person who has been convicted of a second or subsequent violation of this section within seven years of the previous conviction is guilty of a category C felony.

Penalties For Failing To Register As A Sex Offender In Nevada

He or she is guilty of a category D felony if he or she commits any of the aforementioned felonies in violation of any of the above criteria.

  • A minimum term of 1 year and a maximum term of no more than 4 years in state prison;
  • A possible fine of no more than $5,000.

If the sex offender fails to comply with any of the aforementioned conditions for seven years after his/her initial conviction, he/she is guilty of a category C felony and will be imprisoned:

  • A minimum term of 1 year and a maximum term of no more than 5 years in state prison;
  • A possible fine of no more than $10,000.
LAS VEGAS DOMESTIC VIOLENCE ATTORNEY

Frequently Asked Questions

How Do I Register As A Sex Offender In Nevada?

The court will give you comprehensive directions on how to meet your registration prerequisites. What is written below is general information only regarding:

  • Initial registration,
  • Change of address, and
  • Annual verification

Keep in mind that the tier 1 sex offenders (which is the class of sex offender with the least severe offense) cannot be looked up on the online Sex Offender Registry unless  the victim — if there was one — was a child. Tier 2 and 3 offenders, however, can be found through a public search.

How Do I Fight Charges For Failing To Register As A Sex Offender?

Being convicted of failing to register as a sex offender can be daunting, but there are ways to fight the charges and improve your case. Possible claims or objections that could help your case include:

  • Constitutional rights violations
  • False allegations
  • You have a job that required you to frequently relocate
  • You were not required to register
  • You did register and your data was not properly recorded or some other form of human error

What Are The Immigration Consequences For Failing To Register As A Sex Offender?

NRS 179D.550 does not list it as an aggravated felony or a crime involving moral turpitude. However, if you were convicted of a sex offense, the underlying crime is almost certainly a deportable offense. As a result, if you are charged as a non-citizen, you should contact an attorney as soon as possible to attempt to have your charges dismissed or lowered to an offense that is not removable.

Contact Our Las Vegas Sex Crime Attorney Today

Are you facing failure to register as a sex offender charges in Las Vegas? Contact the Spartacus Law Firm today. These are serious criminal charges and can alter your life if not handled properly. Our Las Vegas sex crime attorney routinely defends residents in Clark County who have failed or forgotten to register as a sex offender. Contact our office today for a free consultation and to learn more about how we can help.