Tier I is the least serious class of sex offenders in the Nevada Sex Offender Registry under NRS 179D.113. Their identities are not publicly searchable in the database unless the victim was a child. Tier I (a.k.a. “Tier 1“) offenders are required to register for 15 years, and they must personally check in with police once each year. The statute states:
Tier I offender” means an offender convicted of a crime against a child or a sex offender other than a Tier II offender or Tier III offender.
Tier I status applies to defendants convicted of certain non-violent sex crimes, such as the:
- Nevada crime of open or gross lewdness (NRS 201.210);
- Nevada crime of indecent exposure (NRS 201.220);
- Nevada crime of statutory sexual seduction (NRS 200.368) when the defendant is under 21 years old
Failing to register as a sex offender in Nevada (NRS 179D.550) is a felony. But Tier 1 offenders may be able to get off the Nevada Sex Offender Registry early if they were compliant for 10 years.
In this article, our Las Vegas criminal defense attorneys explain the Nevada laws for Tier I offenders under NRS 179D.113:
- 1. Definition
- 2. Registration requirements
- 3. Public searches
- 4. Tier I crimes
- 5. Failing to register
- 6. Early termination
1. Definition of Tier I offender in Nevada under NRS 179D.113
Tier 1 is the least serious category of sex offender in Nevada. Defendants get classified as Tier 1 following convictions of any sex crimes or crimes against children that are not ranked as Tier 2 or Tier 3.1
Historically under “Megan’s Law,” Tier 1 was synonymous as having a “low risk” of re-offending. But currently under the Adam Walsh Act in 2018, defendants are considered Tier 1 based only on the specific criminal offenses they are convicted of.2
2. Registration requirements for Tier I offenders in Nevada
Tier 1 sex offenders in Nevada are required to register for 15 years (scroll down to section 6 for information on how to lower the time period to 10 years).3 Additionally, Tier 1 offenders have to personally check in with police once a year.4
There are also some requirements that all convicted sex offenders have to abide by:
- Registering with the local police within 48 hours of being released from jail or prison;
- Notifying the local police within 48 hours of a change of name, residence, address, employment, or student status;
- Notifying the local police when they are extending a stay that was originally less than 30 days; and
- Submitting a verification form every year (that includes a photograph and fingerprints)5
Also, Tier 1 offenders who plan to keep driving must renew their driver’s license once a year.6
3. Public searches for Tier I offenders in Nevada
Tier 1 offenders are not publicly searchable on the Nevada Sex Offender Registry database unless the victim was a child. Only Tier 2 and Tier 3 offenders are publicly searchable on the database.
4. Tier I crimes in Nevada under NRS 179D.113
NRS 179D.113 defines Tier 1 offenders as having been convicted of any of the following offenses:
- open or gross lewdness;
- indecent exposure;
- statutory sexual seduction (a.k.a. statutory rape) if the defendant is under 21 years old;
- the Nevada crime of administering drugs to another in commission of a violent crime (NRS 200.408);
- the Nevada crime of administering drugs to another in commission of a felony (NRS 200.405);
- sexual penetration of a human corpse; and
- any other offenses that have an element involving a sexual act or sexual conduct with another (and that are not considered Tier II or Tier III crimes). Examples presumably include:
- the Nevada crime of luring (NRS 201.560) if the victim is mentally ill;
- the Nevada crime of having oral or anal sex in public (NRS 201.190), (which is also called the Nevada crime of sodomy); or
- the Nevada crime of bestiality (NRS 201.455)
A Nevada attempt under NRS 193.330 or Nevada conspiracy under NRS 199.480 to commit any of the aforementioned crimes also qualifies as a Tier 1 offense. In addition, Tier 1 crimes include the following if they are sexually motivated:
- the Nevada crime of coercion (NRS 207.190);
- the Nevada crime of kidnapping (NRS 200.310) (first or second degree);
- the Nevada crime of false imprisonment (NRS 200.460) (first or second degree); and
- the Nevada crime of burglary (NRS 205.060)
Note that people convicted of similar crimes in another state or jurisdiction will be categorized as Tier 1 offenders if they ever travel or move to Nevada.7
5. Penalties for failing to register as a Tier I offender in Nevada
Tier I offenders will be charged with a Nevada felony for not registering as required:
|Failure to Register as a Sex Offender in Nevada||Sentence|
|First offense||Category D felony in Nevada|
The court may grant probation instead of incarceration.
|Second or subsequent offense (within 7 years of the first)||Category C felony in Nevada|
The court will not grant probation instead of incarceration.
The Nevada DMV also punishes drivers who fail to register by refusing to renew their driver’s licenses.8
6. Getting off the Nevada Sex Offender Registry
Tier 1 offenders must meet four conditions in order to be eligible for removal from the Registry:
- the person has registered for at least 10 consecutive years;
- the person has not picked up any new convictions for a sex crime, felony, or any crime carrying potentially more than one year of incarceration;
- the person must have finished any periods of supervised release, probation or parole; and
- the person must have finished a sex offender treatment program certified by the state of Nevada or the Attorney General of the United States.
In order to apply for early termination of registration requirements, Tier I offenders must first file a formal petition in court. Then the court will hold a hearing on the matter.9
Call a Nevada criminal defense attorney…
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Our goal is to try to get your charges lessened or thrown out. But if it becomes necessary, we will hold a full-on jury trial and fight our hardest for a “not guilty” verdict.
- NRS 179D.113 “Tier I offender” defined. “Tier I offender” means an offender convicted of a crime against a child or a sex offender other than a Tier II offender or Tier III offender.
- “Changes Made To Nevada’s Sex Offender Registration System,” ABC 13 KTNV (June 26th 2018); Nevada Assembly Bill 579 (2007).
- NRS 179D.490.
- NRS 179D.480.
- NRS 179D.460; NRS 179.470.
- NRS 483.283.
- NRS 179D.117.
- NRS 179D.550; NRS 483.283.
- NRS 179D.490.