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NEVADA LAW REQUIRING
SEX OFFENDER REGISTRATION

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. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179D.020 to 179D.120, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 1647; A 1999, 1291)

      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. "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.035  "Convicted" defined. "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 3 of NRS 62.600.

      (Added to NRS by 1999, 1290)

      NRS 179D.040  "Division" defined. "Division" means the division of parole and probation of the department of motor vehicles and public safety.

      (Added to NRS by 1997, 1647)

      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. "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)

      NRS 179D.060  "Offense that poses a threat to the safety or well-being of others" defined.

      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;

      (c) A sexual offense as defined in NRS 179D.410;

      (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)

      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.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.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. "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.  A university, college or community college which is privately owned or which is part of the University and Community College System of Nevada.

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

      3.  A trade school or vocational school.

      4.  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)

      NRS 179D.120  "Worker" defined.

      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,

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.

      (c) A paid or unpaid intern, extern, aide, assistant or volunteer.

      (Added to NRS by 1999, 1291)

RECORD OF REGISTRATION

      NRS 179D.150  Contents. 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;

      (c) The date of birth and the social security number 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.  The license number and a description of all motor vehicles registered to or frequently driven by the offender.

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

      8.  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)

      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;

      (c) An officer of a metropolitan police department or a police department of an incorporated city;

      (d) An officer of the division;

      (e) An officer of the department of prisons;

      (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)

      NRS 179D.170  Record and information concerning offender provided to FBI.  Upon receiving from the division, 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,

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)

REGISTRATION OF OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD

General Provisions
      NRS 179D.200  Definitions. 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)

      NRS 179D.210  "Crime against a child" defined. "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.  Kidnaping 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.

      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, 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.

      (c) A court having jurisdiction over juveniles.

      (Added to NRS by 1997, 1650; A 1999, 1293)

      NRS 179D.214  "Nonresident offender who is a student or worker within this state" and "nonresident offender" defined. "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)

      NRS 179D.216  "Offender convicted of a crime against a child" and "offender" defined.

      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)

      NRS 179D.220  "Registration" defined. "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)

Requirements and Procedure
      NRS 179D.230  Registration with division 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 FBI.

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

      (a) If a record of registration has not previously been established for the offender by the division, establish a record of registration for the offender and forward the record of registration to the central repository; or

      (b) If a record of registration has previously been established for the offender by the division, update the record of registration for the offender and forward the record of registration to the central repository.

      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 the offender named in the notice is incarcerated or confined, before the offender is released:

      (a) The division 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; and

                   (IV) The duty to notify the division, 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;

             (2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him; and

             (3) Update the record of registration for the offender and forward the record of registration to the central repository; and

      (b) The central repository shall 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 requested by the division, the department of prisons or a local law enforcement agency in whose facility the offender is incarcerated shall provide the offender with the information and the confirmation form required by paragraph (a) of subsection 3.

      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:

      (a) The central repository shall immediately provide notification concerning the offender to the division and to the appropriate local law enforcement agencies; and

      (b) The division shall establish a record of registration for the offender and forward the record of registration to the central repository.

      (Added to NRS by 1997, 1650; A 1999, 1293)

      NRS 179D.240  Registration with local law enforcement agency within 48 hours; duties and procedure; additional registration at office of division; duties and procedure.

      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 and with the division 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,

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.  To register with a local law enforcement agency pursuant to this section, the 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 in the presence of an officer of the local law enforcement agency.

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

      (a) Inform the offender of the duty to register and the time within which the offender is required to register with the division if he has not previously done so;

      (b) Inform the offender of the duty to notify the division if the 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

      (c) Provide the offender with the appropriate address of the office of the division at which the offender must register and provide notification of each such change of address.

      7.  After the offender registers with the local law enforcement agency:

      (a) The local law enforcement agency shall notify the division of the registration.

      (b) If the offender has not previously registered with the division, the offender shall, not later than 48 hours after registering with the local law enforcement agency:

             (1) Appear personally at the appropriate office of the division;

             (2) Provide all information that is requested by the division, including, but not limited to, fingerprints and a photograph; and

             (3) Sign and date the record of registration in the presence of an officer or employee of the division.

      8.  If the division has not previously established a record of registration for an offender described in subsection 7:

      (a) The division shall establish a record of registration for the offender and forward the record of registration to the central repository; and

      (b) The central repository shall provide notification concerning the offender to the appropriate local law enforcement agencies.

      (Added to NRS by 1997, 1651; A 1999, 1295)

      NRS 179D.250  Offender to notify division of change of address and provide updated information; procedure; notification of local law enforcement agencies.

      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 writing, to the division 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 division 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 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)

      NRS 179D.260  Verification form.

      1.  Except as otherwise provided in subsection 4, each year, on the anniversary of the date that the division 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 division and 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 division and 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)

      NRS 179D.270  Duration of duty to register; termination of duty; procedure; exceptions.

      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 division 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

      (c) Has been convicted of:

             (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)

Prohibited Acts and Penalties
      NRS 179D.290  Prohibited acts; penalty. An offender convicted of a crime against a child who:

      1.  Fails to register with a local law enforcement agency or with the division;

      2.  Fails to notify the division of a change of address;

      3.  Provides false or misleading information to the division, the central repository or a local law enforcement agency; or

      4.  Otherwise violates the provisions of NRS 179D.200 to 179D.290, inclusive,

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

      (Added to NRS by 1997, 1654; A 1999, 1298)

REGISTRATION OF SEX OFFENDERS

 

General Provisions
      NRS 179D.350  Definitions. 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)

      NRS 179D.360  "Mental disorder" defined. "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)

      NRS 179D.365  "Nonresident sex offender who is a student or worker within this state" and "nonresident sex offender" defined. "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)

      NRS 179D.370  "Personality disorder" defined. "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)

      NRS 179D.380  "Qualified professional" defined. "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)

      NRS 179D.390  "Registration" defined. "Registration" means registration as a sex offender pursuant to NRS 179D.350 to 179D.550, inclusive.

      (Added to NRS by 1997, 1654)

      NRS 179D.400  "Sex offender" defined.

      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)

      NRS 179D.410  "Sexual offense" defined. "Sexual offense" means any of the following offenses:

      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.  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 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.  Annoyance or molestation of a minor pursuant to NRS 207.260.

      16.  An attempt 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.

      (c) A court having jurisdiction over juveniles.

      (Added to NRS by 1997, 1654; A 1999, 1299)

      NRS 179D.420  "Sexually violent offense" defined. "Sexually violent offense" means any of the following offenses:

      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 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)

      NRS 179D.430  "Sexually violent predator" defined. "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

      (c) Has been declared to be a sexually violent predator pursuant to NRS 179D.510; or

      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)

Requirements and Procedure
      NRS 179D.450  Registration with division after conviction; duties and procedure; sex offender informed of duty to register; effect of failure to inform; duties and procedure upon receipt of notification from another jurisdiction or FBI.

      1.  If the division 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 62.590 that a juvenile sex offender has been deemed to be an adult sex offender, the division shall:

      (a) If a record of registration has not previously been established for the sex offender by the division, establish a record of registration for the sex offender and forward the record of registration to the central repository; or

      (b) If a record of registration has previously been established for the sex offender by the division, update the record of registration for the sex offender and forward the record of registration to the central repository.

      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 62.590 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 division 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 the sex offender named in the notice is incarcerated or confined, before the sex offender is released:

      (a) The division shall:

             (1) Inform the sex 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.460;

                   (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; and

                   (IV) The duty to notify the division, 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;

             (2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him;

             (3) Update the record of registration for the sex offender and forward the record of registration to the central repository; and

             (4) 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

      (b) The central repository shall 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 requested by the division, the department of prisons or a local law enforcement agency in whose facility the sex offender is incarcerated shall provide the sex offender with the information and the confirmation form required by paragraph (a) of subsection 3.


      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:

      (a) The central repository shall immediately provide notification concerning the sex offender to the division and to the appropriate local law enforcement agencies;

      (b) The division shall establish a record of registration for the sex offender and forward the record of registration to the central repository; and

      (c) If the sex offender is subject to community notification, the division 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.

      (Added to NRS by 1997, 1655; A 1999, 1300)

      NRS 179D.460  Registration with local law enforcement agency within 48 hours; duties and procedure; additional registration at office of division; duties and procedure.

      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 and with the division 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,

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.  To register with a local law enforcement agency pursuant to this section, the 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 in the presence of an officer of the local law enforcement agency.

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

      (a) Inform the sex offender of the duty to register and the time within which the sex offender is required to register with the division if he has not previously done so;

      (b) Inform the sex offender of the duty to notify the division 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

      (c) Provide the sex offender with the appropriate address of the office of the division at which the sex offender must register and provide notification of each such change of address.

      7.  After the sex offender registers with the local law enforcement agency:

      (a) The local law enforcement agency shall notify the division of the registration.

      (b) If the sex offender has not previously registered with the division, the sex offender shall, not later than 48 hours after registering with the local law enforcement agency:

             (1) Appear personally at the appropriate office of the division;

             (2) Provide all information that is requested by the division, including, but not limited to, fingerprints and a photograph; and

             (3) Sign and date the record of registration in the presence of an officer or employee of the division.

      8.  If the division has not previously established a record of registration for a sex offender described in subsection 7:

      (a) The division shall establish a record of registration for the sex offender and forward the record of registration to the central repository;

      (b) The central repository shall 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, the division 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.

      (Added to NRS by 1997, 1657; A 1999, 1302)

      NRS 179D.470  Sex offender to notify division of change of address and provide updated information; procedure; notification of local law enforcement agencies.

      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 writing, to the division 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 division 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)

      NRS 179D.480  Verification form.

      1.  Except as otherwise provided in subsections 2 and 5, each year, on the anniversary of the date that the division 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 division 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 division and 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 division and 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)

      NRS 179D.490  Duration of duty to register; termination of duty; procedure; exceptions.

      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 division 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

      (c) Has been convicted of:

             (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)

Sexually Violent Predators
      NRS 179D.510  Petition by prosecuting attorney; procedure; access to records of sex offender; rights of confidentiality and privileges deemed waived.

      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)

      NRS 179D.520 Petition by sex offender; procedure. Repealed. (See chapter 310, Statutes of Nevada 1999, at page 1311.)

      NRS 179D.530  Contents of record of registration for sexually violent predator. 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)

Prohibited Acts and Penalties
      NRS 179D.550  Prohibited acts; penalty. A sex offender who:

      1.  Fails to register with a local law enforcement agency or with the division;

      2.  Fails to notify the division of a change of address;

      3.  Provides false or misleading information to the division, the central repository or a local law enforcement agency; or

      4.  Otherwise violates the provisions of NRS 179D.350 to 179D.550, inclusive,

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

      (Added to NRS by 1997, 1661; A 1999, 1306)

COMMUNITY NOTIFICATON OF SEX OFFENDERS

 

General Provisions
      NRS 179D.600  Definitions. 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)

      NRS 179D.605  "Nonresident sex offender who is a student or worker within this state" and "nonresident sex offender" defined. "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)

      NRS 179D.610  "Sex offender" defined.

      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)

      NRS 179D.620  "Sexual offense" defined. "Sexual offense" means any of the following offenses:

      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.  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.

      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 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.  Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony.

      16.  An attempt 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.

      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 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.

      (c) A court having jurisdiction over juveniles.

      (Added to NRS by 1997, 1661; A 1999, 1307)

      NRS 179D.630  "Sexually violent predator" defined. "Sexually violent predator" has the meaning ascribed to it in NRS 179D.430.

      (Added to NRS by 1997, 1662)

      NRS 179D.640  "Tier 1 level of notification" defined. "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)

      NRS 179D.650  "Tier 2 level of notification" defined. "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)

      NRS 179D.660  "Tier 3 level of notification" defined. "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)

Guidelines and Procedure
      NRS 179D.700  Advisory council for community notification; creation; members; vacancies; recommendations concerning notification.

      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)

      NRS 179D.710  Attorney general to establish guidelines and procedures; uniform application; scope.

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

      (Added to NRS by 1997, 1662)

      NRS 179D.720  Assessment of risk of recidivism; factors considered; access to records of sex offender; rights of confidentiality and privileges deemed waived.

      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

      (c) Any criminal history of the sex offender indicative of a high risk of recidivism, including, but not limited to:

             (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)

      NRS 179D.730  Levels of notification; persons notified; when notification to include photograph; level of notification for sexually violent predator.

      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.  If the sex offender has been declared to be a sexually violent predator, the sex offender must be assigned a Tier 3 level of notification.

      (Added to NRS by 1997, 1663; A 1999, 1309)

      NRS 179D.740  Notice to sex offender of level of notification assigned and procedure for reconsideration; exceptions. 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)

      NRS 179D.750  Change in level of notification after unlawful or harmful act.

      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,

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)

      NRS 179D.760  Reassessment of risk of recidivism; termination of notification; procedure; exceptions.

      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)

      NRS 179D.770  Disclosure of information by law enforcement agencies.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)

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.

      1.  The attorney general shall establish guidelines and procedures for community notification concerning juvenile sex offenders who are subject to the provisions of NRS 62.500 to 62.600, 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 assigned to a juvenile sex offender pursuant to NRS 62.500 to 62.600, 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 chapter 62 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)

LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION

      NRS 179D.850  Prohibition on disclosing name of victim; immunity for law enforcement agencies.

      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 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)