Tier III is the most serious class of sex offenders within the Nevada Sex Offender Registry, and applies to convictions for crimes such as rape and sexual abuse of a child under 13 years of age. Tier 3 offenders are required to register for life, and they must personally report to law enforcement every 90 days.
Tier III status is assigned to defendants who have been convicted of violent Nevada sex crimes and the most serious crimes against children, such as:
- sexual assault (NRS 200.366) (a.k.a. rape);
- child abuse (NRS 200.508) involving sexual abuse or sexual exploitation of a victim under 13 years old; and
- kidnapping (NRS 200.310) a child under 18 years old (unless the offender is the parent or guardian of the victim)
Failing to register as a sex offender in Nevada (NRS 179D.550) is a felony. But Tier 3 offenders may be able to get off the Nevada Sex Offender Registry early if they were compliant for 25 years and if their underlying crime was a juvenile delinquency.
In this article, our Las Vegas criminal defense attorneys explain Nevada laws for Tier III offenders under NRS 179D.117:
- 1. What is the definition of Tier III offenders in Nevada?
- 2. Do Tier III offenders have to register for life?
- 3. Do they come up in public searches?
- 4. What are Tier III crimes under NRS 179D.117?
- 5. What is the sentence for not registering?
- 6. Can Tier III offenders get off the registry early?
1. What is the definition of Tier III offenders in Nevada?
Tier 3 is the most serious category of sex offender in Nevada. Defendants get classified as Tier 3 following convictions of violent sex crimes, non-parental kidnapping, and serious crimes against children.1
Under Megan’s Law prior to 2018, Nevada defendants were categorized as Tier 3 for being “high risk” at re-offending. But now that Nevada has adopted the Adam Walsh Act in 2018, defendants are categorized as Tier 3 based just on the crimes they get convicted of.2
2. Do Tier III offenders have to register for life?
Tier 3 sex offenders in Nevada are required to register for life (with rare exceptions).3 And they have to personally check in with police every 90 days.4
Additionally, all convicted sex offenders must do the following:
- Register with local law enforcement within 48 hours of being released from custody;
- Notify local law enforcement within 48 hours of a change of name, residence, address, employment, or student status;
- Notify local law enforcement when they are staying in a location for longer than 30 days after initially reporting a visit of fewer than 30 days; and
- Submit an annual verification form (which includes a photograph and fingerprints)5
Note that all sex offenders are required to renew their driver’s license once a year (unless they choose not to have a license).6
3. Do they come up in public searches?
Yes, Tier 3 offenders are publicly searchable on the Nevada Sex Offender Registry database. There are four ways the public may search the Registry:
- by first and/or last name;
- by zip code;
- by one, two, or three miles within a specific address; or
- by license plate number
The following information about Tier 3 offenders is public:
- name and aliases;
- date of birth;
- residential address and other addresses (such as employer or school);
- physical description (race, height, weight, hair color, eye color, scars, tattoos, other marks);
- Tier Level; and
- conviction information (date, description, court, name convicted under, city-township of conviction, location of penal institution and/or hospital, and statute violated)
4. What are Tier III crimes under NRS 179D.117?
NRS 179D.117 defines Tier 3 offenders as having been convicted of any of the following Nevada offenses:
- 1st-degree murder (NRS 200.030) committed in the (attempted) perpetration of sexual assault, sexual abuse, or sexual molestation of a child under 14 years old;
- battery with intent to commit sexual assault (NRS 200.400);
- child abuse involving sexual abuse or exploitation of a child 12 or younger;
- non-parental kidnapping of a child;
- any sexual offense under NRS 179D.097 or crime against a child under NRS 179D.0357 by a defendant who had already been classified as a Tier 2 offender;
- any crime similar to or more severe than those described in 42 U.S.C. § 16911(4); or
- an attempt (NRS 193.330) or a conspiracy (NRS 199.480) to commit any of the above offenses
And according to the U.S. Department of Justice’s review of Nevada sex offender law, Tier 3 offenses also include:
- incest (NRS 201.180) with a victim less than 16 years old;
- lewdness which a child (NRS 201.230) under 14 years old; and
- statutory sexual seduction (NRS 200.368) (a.k.a. statutory rape) when the defendant is at least 21 years old
Note that people convicted of similar offenses in a different state or jurisdiction would still be classified as Tier 3 offenders should they travel or move to Nevada.7
5. What is the sentence for not registering?
Sex offenders who neglect to meet their registration requirements face an additional Nevada felony charge:
|Failure to Register as a Sex Offender in Nevada||Sentence|
|First offense||Category D felony
The judge may allow probation in lieu of prison.
|Second or subsequent offense (within 7 years of the first)||Category C felony
The judge may not allow probation in lieu of prison.
Also, the Nevada DMV will not renew driver’s licenses for people who are not up-to-date on their registration requirements.8
6. Can Tier III offenders get off the registry early?
There are five conditions that Tier III offenders must meet in order to be eligible for removal from the Registry:
- the person has registered for at least 25 consecutive years;
- the underlying offense that put the person on the Registry was a juvenile delinquency;
- the person must not have since picked up a new conviction for a sex crime, felony, or any offense carrying potentially more than one year in prison;
- the person must have successfully completed any periods of supervised release, probation or parole; and
- the person must have completed a sex offender treatment program certified by the state of Nevada or the Attorney General of the United States.
Early termination of sex registration requirements is never automatic. The person must petition for early termination, and then the court must hold a hearing.9
Learn more about Nevada juvenile delinquency laws.
If you have been arrested in Nevada, call our Las Vegas criminal defense attorneys for a free consultation.
We may be able to get the charges reduced to lesser offenses or dropped outright. And if it comes to it, we are ready to make your case in front of a jury and fight for a full acquittal.
- NRS 179D.117 “Tier III offender” defined. “Tier III offender” means an offender convicted of a crime against a child or a sex offender who has been convicted of: 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 subsection 4 of NRS 200.400; 4. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and if the victim of the offense was less than 13 years of age when the offense was committed; 5. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, if the victim of the offense was less than 18 years of age when the offense was committed, unless the offender is the parent or guardian of the victim; 6. Any sexual offense or crime against a child after the person becomes a Tier II offender; 7. Any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(4); 8. An attempt or conspiracy to commit an offense described in subsections 1 to 7, inclusive; or 9. An offense committed in another jurisdiction 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.
- Phillip Moyer, “Names of most Nevada sex offenders to be posted Oct. 1“, News 3 KVVU (June 25, 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; see also McNeill v. State, (2016) 132 Nev. 551, 375 P.3d 1022, 132 Nev. Adv. Rep. 54; see also Palmer v. State, (2002) 118 Nev. 823, 59 P.3d 1192.