SEX OFFENDER REGISTRATION
Sex crime convictions and mandatory sex offender registration go hand-in-hand in Nevada. Being ordered to register as a sex offender is one of the most devastating penalties one can face as it can ruin a person’s reputation and adversely affect many areas of their lives. The national sex offender registry gives anyone with access to the Internet information about the crime you were convicted for and where you live. In many cases, it can prevent you from future opportunities.
Megan’s Law in Las Vegas
In 1994, Megan Kanka, a 7-year-old, was raped and murdered in New Jersey by a known sex offender. Her family was not aware that this dangerous predator had moved across the street from them because it was not yet legal for that information to be publicly displayed.
The New Jersey congressman of the time quickly drafted a bill that became known as Megan’s Law, which was instated federally. Each state quickly followed with their own version of the law. Nevada’s Megan’s Law has received a considerable amount of criticism over the years; however, state leaders have been working hard to reverse this situation.
State Laws for Sex Offender Registration
In the state of Nevada, anyone who was convicted of a sexual offense must register with a local law enforcement agency near their place of residence within two days of being released from custody or moving into a Nevada city. Any offender who does not register on time has committed a category D felony. The state law also requires such individuals to verify their whereabouts every year. The verification form will be sent to their last known residence. If an offender moves and fails to report their new information, it is again considered a category D felony.
The Nevada Guidelines and Procedures for Community Notification of Adult Sex Offenders was created by the Office of the Attorney General and the Advisory Council for Community Notification. These offices did so under NRS 179D.710, a law that required the state to have a community notification procedure. These guidelines were created in 1997 with the intent of improving public safety. They look at the degree of risk each offender presents and then, depending on the level of risk, place that individual within a specific Tier.
Nevada operates on a Tier basis with four levels:
- Tier 0—No Risk
- Tier 1—Low Risk
- Tier 2—Moderate Risk
- Tier 3—High Risk
If you have been placed on a Tier and believe your placement is incorrect, you can apply for reconsideration. You can only do so if you have been placed on Tier 2 or 3. In your request, you must state why you believe the assessment to be incorrect. The request must be submitted within 10 days of when you were notified of what Tier you were placed on. You may be granted a reconsideration hearing that will be conducted by the Reconsideration Assessment Panel. This hearing will happen 90 days after your request was submitted. Once the panel makes its decision, you will be notified within 10 days and a local law enforcement agency will be notified.
What information is listed online
Megan’s Law Website focuses on serious and high-risk offenders and only individuals on Tier 2 and 3 lists are recorded. The information that is provided includes the following:
- Name
- Description
- Residential Address
- Employment Address
- School Address
All conviction information is provided, as well. This includes the date of conviction, a description of the conviction, and the institution that the individual was incarcerated in.
Removal from the Megan’s Law Website
Because Nevada works with a tiered structure, the specific laws for offenders on each level will vary. Tier 1 offenders will be required to register for 15 years. If you are on this list, you can petition the courts for an early termination of this duty. If you have registered consistently for 10 consecutive years and have completed all aspects of your sentence, you may qualify for this early termination. You must also not have been convicted of another felony or sexual offense. Any individual on Tier 0 or 1 will not be required to have their information displayed on the state’s Megan’s Law Website. Those who are on Tier 2 must register for 25 years and those on Tier 3 must register for life. If you are on Tier 3, you can apply for early termination after registering for 25 consecutive years and have not been convicted of a crime or sexual offense over those years.
If you have any questions, feel free to contact an associate from Okabe & Haushalter.
What is Megan’s Law
The state of California takes sex crimes very seriously. The laws surrounding the punishment of such an offense are very detailed and very strict. There are a number of ways that these crimes can be committed. Sexual assault and rape are often considered to be the most serious offense. There are also laws against indecent exposure, lewd conduct, and prostitution. Internet chat rooms are becoming a serious problem as well. When a sex crime involves a child or a minor, the ramifications can also be much farther reaching than a normal crime.
One of the most recent laws that have been enacted in California to deal with the aftermath of such an infraction is called Megan’s Law. Every state has passed some form of this law. Las Vegas residents who have been accused or convicted of this type of crime must understand what this law is about and must be aware of its ramifications once their jail time and probation duties have been completed. For further explanation of Megan’s Law or to learn how you may be able to be removed, please get in touch with a Las Vegas defense attorney at the firm.
Sex Offender Information Available Online
This law was passed in California in 1996. It came in response to the rape and murder of seven year old Megan Kanka on July 29, 1994. This crime was committed in Mercer County, New Jersey by a sex offender who had committed two previous sex crimes against young girls. Therapists who treated the man believed he would most likely commit another crime of a similar nature. Unfortunately, when the man moved across the street from the Kanka residence, the family was unaware of his checkered past. After luring the young girl into his home, the offender raped and murdered the girl. The Kanka family took action to keep similar crimes from happening again.
They set up the Megan Nicole Kanka Foundation, a non-profit organization that was intended to promote awareness in the community. Their desire was to have a law passed that would notify a neighborhood when a known sex offender moved into the area. Soon Megan’s Law was passed nationwide as a federal act. State legislators quickly followed and passed similar versions of the law in every state. Essentially this law requires information on sex offenders be available to the public on the Internet. The resulting website made public the name, address, physical description, and offenses of offenders. A picture is also provided on the site.
Removal with Assistance from Criminal Defense Attorneys
If your information has been listed on California’s Megan’s Law website, do not lose hope! You may be able to have your information removed from the site. About 25% of all convicted offenders are not required to have their information displayed publicly. These individuals fall into the undisclosed category of offenders. If you fall into this category, you must still register as an offender at your local law enforcement office. However, your information is not available to the public. If you are not “undisclosed,” you can apply for removal by applying for exclusion.
When you fill out this application, you must provide a number of documents to prove that you meet one or all of the conditions. Such documentation can come from the probation department, the courts, or your defense attorney. If you are looking to fill out this application, you may have a few additional questions. We would like to help answers your inquiries. At Okabe & Haushalter, we are very familiar with the state’s laws on sex crimes as well as how to find relief from them. We know how important a fresh start in life can be. Though you will always have to register as an offender, having your information taken off of Megan’s Law Website can an invaluable step to leaving the past behind and becoming a productive member of society.