Tier II is the second most serious class of sex offenders in the Nevada Sex Offender Registry under NRS 179D.115. State law requires Tier II (a.k.a. “Tier 2“) offenders to register for 25 years and to personally check in with police once every 180 days.
Defendants are assigned Tier II status after being convicted of certain crimes against children, such as:
- the Nevada crime of child abuse (NRS 200.508) involving sexual abuse or sexual exploitation of a child at least 13 years old;
- the Nevada crime of sex trafficking (NRS 201.300) (formerly known as pandering); or
- the Nevada crime of child pornography
Failing to register as a sex offender in Nevada (NRS 179D.550) is a felony, carrying as much as four additional years in prison. Furthermore, Tier 2 offenders are never eligible to get off the Nevada Sex Offender Registry early.
In this article, our Las Vegas criminal defense attorneys explain the Nevada laws for Tier II offenders under NRS 179D.115:
- 1. Definition
- 2. Registration requirements
- 3. Public searches
- 4. Tier II crimes
- 5. Failing to register
- 6. Early termination
1. Definition of Tier II offender in Nevada under NRS 179D.115
Tier 2 is the middle category of sex offender in Nevada. Defendants convicted of certain crimes against children get classified as Tier II offenders.1
While Nevada followed “Megan’s Law” prior to 2018, a person was labeled Tier 2 if he/she was deemed a “medium risk” of re-offending. But since Nevada’s adoption of the Adam Walsh Act in 2018, a person gets labeled Tier 2 based only on the offenses they get convicted of.2
2. Registration requirements for Tier II offenders in Nevada
Tier 2 sex offenders in Nevada are required to register for 25 years.3 And they have to personally check in with police once every 180 days.4
Furthermore, every convicted sex offender is required to do the following:
- Register with the local police department within 48 hours of getting released from prison or jail;
- Notify the local police department within 48 hours of a change of name, residence, address, employment, or student status;
- Notify the local police department when a stay that was originally reported as less than 30 days gets extended; and
- Complete a yearly verification form (which includes a photograph and fingerprints)5
Finally, convicted sex offenders who wish to keep their driver’s license need to renew their driver’s license once a year.6
3. Public searches for Tier II offenders in Nevada
Tier 2 offenders are publicly searchable on the Nevada Sex Offender Registry database. The public may search through four different search fields:
- first and/or last name;
- zip code;
- within one, two, or three miles of a specific address; or
- license plate number
All Tier 2 offenders have the following information about them made public:
- name and known aliases;
- date of birth;
- primary address and other addresses (such as employer or school);
- physical description (race, height, weight, hair color, eye color, scars, tattoos, other marks);
- whether the person is Tier II or Tier III; and
- conviction information (date, description, court, name convicted under, city-township of conviction, location of penal institution and/or hospital, and statute violated)
4. Tier II crimes in Nevada under NRS 179D.115
Under NRS 179D.115, Tier 2 offenses comprise any of the following if the victim is under 18 years old:
- the Nevada crime of luring (NRS 201.560) (if punished as a Nevada felony);
- child abuse involving sexual abuse or sexual exploitation of a child at least 13 years old;
- sex trafficking;
- living off the earnings of a prostitute;
- child pornography, including:
- Using a child to produce pornography in Nevada (NRS 200.710)
- Promoting a sexual performance of a child in Nevada (NRS 200.720)
- Advertising or distributing child pornography in Nevada (NRS 200.725)
- Controlling the internet to watch child pornography in Nevada (NRS 200.727)
- Possessing child pornography in Nevada (NRS 200.730);
- any offense comparable or more severe than those described in 42 U.S.C. § 16911(3); and
- a Nevada attempt (NRS 193.330) or Nevada conspiracy (NRS 199.480) to commit any of the aforementioned crimes;
Additionally, the following two felonies are considered Tier 2 crimes unless the defendant is the victim’s parent or guardian:
- the Nevada crime of false imprisonment (NRS 200.460) of a child (or an attempt to commit this crime); and
- the Nevada crime of involuntary servitude of a child (or an attempt to commit this crime) under NRS 200.4631
According to the U.S. Department of Justice’s review of Nevada sex offender law, Tier 2 offenses also include:
- the Nevada crime of incest (NRS 201.180) if the victim is 16 or 17 years old;
- the Nevada crime of lewdness with a child (NRS 201.230) aged 14 or 15 years old; and
- the Nevada crime of sexual conduct between school employees and pupils (NRS 201.540); and
- the Nevada crime of sexual conduct between college employees and pupils (NRS 201.550)
Finally, Tier 2 offenders comprise Tier 1 offenders who are later convicted of a felony Tier 1 offense.7
5. Penalties for failing to register as a Tier II offender in Nevada
It is a felony in Nevada not to register as a sex offender as required:
|Failure to Register as a Sex Offender in Nevada||Sentence|
|First offense||Category D felony in Nevada|
The judge may grant probation in lieu of incarceration.
|Second or subsequent offense (within 7 years of the first)||Category C felony in Nevada|
The judge may not grant probation in lieu of incarceration.
Additionally, Tier II offenders who have not registered will be unable to get their driver’s licenses renewed by the Nevada DMV.8
6. Getting off the Nevada Sex Offender Registry
There is no way for Tier 2 offenders to shorten the length of their 25-year registration requirement. Only certain Tier 1 and Tier 3 offenders may be eligible for early termination.9
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- NRS 179D.115 “Tier II offender” defined. “Tier II offender” means an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than 1 year or whose sexual offense:
1. If committed against a child, constitutes:
(a) Luring a child pursuant to NRS 201.560, if punishable as a felony;
(b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
(c) An offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320;
(d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive; or
(e) Any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(3);
2. Involves an attempt or conspiracy to commit any offense described in subsection 1;
3. If committed in another jurisdiction, is an offense that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:
(a) A tribal court; or
(b) A court of the United States or the Armed Forces of the United States; or
4. Is committed after the person becomes a Tier I offender if any of the person’s sexual offenses constitute an offense punishable by imprisonment for more than 1 year.
(Added to NRS by 2007, 2759; A 2013, 2424)
Gabriella Benavidez, “Nevada Department of Public Safety implements new sex offender law,” FOX 5 KVVU (Jun 16, 2018); Nevada Assembly Bill 579 (2007).
- NRS 179D.490.
- NRS 179D.480.
- NRS 179D.460; NRS 179D.470.
- NRS 483.283.
- NRS 179D.117.
- NRS 179D.550; NRS 483.283.
- NRS 179D.490.