Sex offender registration obligations can have severe consequences, like difficulties finding employment or an apartment and social stigma. While it has its difficulties, if you have been found guilty of a sex offense and the judge has imposed the obligation to enlist, do not fail to register, however tempting it is to disregard this court order. Failure to register as a sex offender in Las Vegas is a severe felony offense with harsh penalties, including extra incarceration. At The Law Offices of Martin Hart, we can secure a charge reduction or dismissal whenever you face these charges.
Nevada Sex Crimes Overview
Under NRS 179D.097, sex crimes include the following:
- NRS 201.220 indecent exposure.
- Child sexual abuse.
- Incest under NRS 201.180.
- NRS 200.368 Statutory rape.
- Battery with plans to engage in rape under NRS 200.405.
- Lascivious act with a minor outlined under NRS 201.230.
- Sexual assault under NRS 200.366.
- Sexual behavior between a student and a secondary school teacher under NRS 201.540.
- NRS 201.300 Sex trafficking.
- NRS 201.210 Open or gross lewdness.
- NRS 200.730 Child pornography possession.
- NRS 400.405 drug administration to commit a felony act.
- NRS 201.450 Corpse sexual penetration.
- First-degree homicide or murder committed during sexual assault if a minor.
- Child pornography distribution or advertisement.
- NRS 200.400 battery with the motive of engaging in rape.
- Utilizing a minor to engage in pornographic production.
- Sexual behavior between college lecturers and their learners.
- Luring a minor or individual with a mental condition.
- A minor’s sexual performance promotion.
- Sexual abuse or exploitation involving a minor.
- Any crime involving sexual activity with someone else.
- Crimes accomplished through sexual motives.
- Any sexual offense committed out-of-state, regardless of whether the crime is listed under NRS 179D.097.
Classification of Nevada Sex Offenders
Under NRS 179D–179D 117, sex predators or offenders are classified at various levels. The classification is as follows:
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Tier 1
The lowest level of sex predator or offender registration in Nevada is Tier 1. If you enlist as a predator under this Tier, your name and sex offense will not be visible in the public database, save for the victim of the crime being underage. As a Tier 1 sexual offender, you have an obligation to enlist in the sex offender registry for fifteen years and should visit the local law enforcement agency once annually. Offenses that will see you placed at this level include:
- NRS 201.210 violation.
- Obscene or indecent exposure.
- Statutory sexual seduction of an individual below 21.
Typically, offenders that fall under this classification are those convicted of non-violent sexual crimes involving adults, not minors.
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Tier 2 Offender
Tier two of the sex offender registries apply to individuals found guilty of sex crimes committed against underage persons or those below 18. The registration period under this Tier is 25 years, with an obligation to report to the nearest local law enforcement office every one hundred and eighty days. Offenses that fall under this level are:
- NRS 200.508 child abuse involving sexual exploitation or abuse of a minor not younger than 13.
- NRS 201.300 Sex trafficking.
- Child pornography.
Also, when a Tier 1 sexual predator commits a sex crime, and that conviction results in at least twelve months of incarceration, they must enlist under Level 2.
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Tier 3
Sex predators who enlist at this level are those convicted of serious violent and non-violent sex offenses, sexual assault, or rape of a minor younger than 13. Also, when you commit first-degree homicide during rape or attempted sexual abuse, a guilty verdict will result in an obligation to enlist as a sexual predator under Tier 3. As an offender at this level, your registration lasts a lifetime, and you should report to the police every ninety days. You belong to this category of sex predators when sentenced for the following sex offenses against minors:
- Sexual assault or rape.
- Kidnapping a child below 18.
- Battery with the motive to engage in sexual assault.
Obligation to Register
Having been found guilty of a sex offense, you must enlist as a sexual offender and update the state whenever you move to a new location or change addresses. When you register, you assume the following duties:
- Enlist with the local police within 48 hours of your conviction or discharge from custody.
- Inform the cops within two days of any changes in name, address, residence, job, or student status.
- Notify local police if you extended your stay in a particular jurisdiction for over thirty days when you had initially informed them that your stay would be less than thirty days.
- Fill out the yearly verification form.
- Not to furnish the local police with inaccurate or misleading info.
- Appear regularly to the local authorities depending on the Tier you have enlisted under.
When you violate these conditions, you will face criminal charges. If you deliberately disobeyed the requirement to register, you will face harsher penalties than if you accidentally forgot to do so.
The Registration Process
The judge imposing your sentence will give clear guidelines to satisfy the requirement to enlist in the sex predator registry. The registration process involves the following:
Initial Registration
If your conviction is in Las Vegas, you have two days, or the equivalent of 48 hours, to enlist with the Metropolitan Police Department when sentenced or discharged for the offense.
Again, when you travel to another county or city within the state, you must inform the police in these areas of your presence before the lapse of 48 hours. If you are in a location where you do not know the local sheriff’s office or law enforcement, you can find the contact information on the Nevada Safety Department site.
Address Change
You should notify the law enforcement authorities whenever you relocate to a new location or change addresses. If you are changing cities or moving to another state, you must inform the police in your current location of your intention to move. Also, you must notify the cops in the new area of your presence in their jurisdiction before the lapse of the timeline provided by the law.
Depending on your circumstances, you will update these details:
- Name.
- Employment.
- Workplace.
- License number.
- Physical address.
- The registration number of your car or the one you frequently use.
You can easily update the address details online in Las Vegas.
Annual or Yearly Verification
When mailing it back to the Central Repository, you must complete the yearly verification form mailed to you and attach your current photograph, fingerprints, and other details. For Las Vegas residents, part of the annual verification form can be completed online.
Penalties for Refusing to Register
A violation of NRS 179D.550 is a class D felony if you are a first-time offender. The penalties upon conviction for neglecting to enlist are as follows:
- Twelve to forty-eight months in prison.
- No more than $5,000 court-imposed monetary fines.
The judge has the discretion to impose formal probation in place of jail incarceration.
If it is your second or subsequent NRS 179D.550 violation within the look-back period of seven years, the prosecutor will file your failure to enlist as a Class C felony. When the judge is convinced beyond reasonable certainty that you have violated the statute, they will impose the following penalties:
- Twelve to sixty months of prison incarceration.
- At most, $10,000 court fines.
It would help if you understood that the judge has the discretion to increase or decrease court fines based on the case’s circumstances but cannot impose probation instead of prison incarceration under a Class C felony.
Your motivation at the time of disregarding court orders will determine the kind of verdict the judge will impose. If you forget to register within the provided timeline of 48 hours, you will still be guilty of refusing to comply. Still, the punishment will not be as harsh as for a sex offender who willfully or deliberately failed to register.
Furthermore, failure to enlist is a distinct offense. Therefore, when the court finds you guilty, you will face NRS 179D.550 violation penalties on top of those for the baseline crime. Refusing to register at least three times makes you a habitual felon and typically results in a strike added to your criminal record.
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Consequences on your Driver’s License
An NRS 179D.550 violation attracts collateral consequences, including being denied driving privilege renewal after the current one expires.
Typically, if you are not a sexual offender, the DMV requires that you renew your license after eight years. However, when the court convicts you of a sex crime, you must renew the permit annually. The DMV will notify you of your license renewal every year forty-five days before the license expires. The challenge is that you cannot renew the license online or via mail. It would be best if you visited the local DMV offices for renewal. If the DMV discovers that you neglected to enlist as required under NRS 179D.550 during the visit, they will deny your request for license renewal.
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Immigration Consequences
Neglecting to enlist or register is not a crime of moral turpitude or an aggravated felony. Nevertheless, when found guilty of the violation, you face removal or deportation. Therefore, when you face these charges in Las Vegas, do not hesitate to contact The Law Offices of Martin Hart for legal guidance. Our defense attorneys will work hard to secure a charge reduction or dismissal to avoid deportation and other consequences associated with a conviction.
Contesting the Charges
Being accused of neglecting to enlist can be overwhelming, considering that you have already been convicted of a sex offense. Thankfully, several legal defenses are available to help you counter the allegations. However, you need a knowledgeable attorney to analyze your case and develop effective defenses. At The Law Offices of Martin Hart, we understand the various legal defenses that can help you prevent a conviction or obtain a charge reduction. The strategies are:
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There Was a Miscommunication, or You Were Not Obligated to Register
Miscommunication or lack of communication between the relevant government authorities can result in false apprehensions and charges. When you request an early termination of your obligation to register, and the court grants it but fails to inform other agencies, you could be wrongfully arrested for neglecting to register. However, the court has released you from the obligation. If detained under these circumstances, you can produce the court paperwork showing you no longer have the duty, and the charges will be dropped.
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You Registered, But Your Information Was Incorrectly Recorded Due to Human Error
When you undergo the initial registration as required, but the officer inputting the information in the public database makes an error, you could be arrested and charged with an NRS 179D.550 violation in the future. Your attorney will argue that you registered, but the police erred in processing the registration, making you innocent of the charges.
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You Were Incapacitated
Another defense your attorney can use to contest the allegations is incapacitation. You can claim that you had a car accident or fell ill on the day you were supposed to register and, therefore, could not register. However, if a flight to Las Vegas was canceled due to bad weather or other reasons, you cannot use incapacitation as a defense. The judge will rule that you did not have to wait until the last minute to fulfill the court’s obligation.
Record Expunction
Your defense attorney cannot always guarantee a positive outcome in the case. Sometimes they will put all their resources and time into the matter but end up with an unfavorable outcome. Nevertheless, even if you are convicted, it is not the end of the road for you. The attorney can help seal these records after five years, although the baseline offense will not be closed. When the NRS 179D.550 violation charge is dismissed, the law does not have a waiting period before you can request record sealing.
Find a Knowledgeable Las Vegas Sex Crimes Attorney Near Me
When you face failure to enlist charges in Las Vegas, The Law Offices of Martin Hart can help. These are harsh felony charges whose conviction can result in life-altering penalties. Our sex offense attorneys can assist you if you neglect or forget this registration obligation. Call us today at 702-380-4278 for a no-obligation consultation.