[Rev. 11/21/2013 9:58:20
AM--2013]
CHAPTER 179B - STATEWIDE REGISTRY OF SEX
OFFENDERS AND OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD
GENERAL PROVISIONS
NRS 179B.010 Definitions.
NRS 179B.020 “Central
Repository” defined.
NRS 179B.023 “Community
notification website” defined.
NRS 179B.025 “Convicted”
defined.
NRS 179B.030 “Crime
against a child” defined.
NRS 179B.040 “Department”
defined.
NRS 179B.050 “Director”
defined.
NRS 179B.060 “Division”
defined.
NRS 179B.070 “Law
enforcement officer” defined.
NRS 179B.073 “Offender”
defined.
NRS 179B.075 “Offender
convicted of a crime against a child” defined.
NRS 179B.090 “Record
of registration” defined.
NRS 179B.100 “Requester”
defined.
NRS 179B.110 “Sex
offender” defined.
NRS 179B.130 “Statewide
registry” defined.
NRS 179B.140 “Subject
of the search” defined.
ESTABLISHMENT AND CONTENTS
NRS 179B.200 Establishment
of registry; contents; search of registry by law enforcement officer; access by
other persons; contents deemed record of criminal history for limited purposes.
COMMUNITY NOTIFICATION WEBSITE
NRS 179B.250 Establishment,
maintenance and content of website; information to be included with each
inquiry; duties, authorizations and prohibitions of Central Repository.
NRS 179B.270 Restrictions
on use of information.
NRS 179B.280 Misuse
of information: Civil liabilities.
NRS 179B.285 Criminal
penalties for using information to commit crime.
NRS 179B.290 Misuse
of information: Attorney General may file action for injunctive relief.
LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION
NRS 179B.300 Prohibition
on disclosing name of victim; immunity for Central Repository and law
enforcement agencies.
_________
GENERAL PROVISIONS
NRS 179B.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 179B.020 to 179B.140, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 1644; A 1999, 1288; 2003, 2829; 2005, 2868)
NRS 179B.020 “Central Repository” defined. “Central
Repository” means the Central Repository for Nevada Records of Criminal
History.
(Added to NRS by 1997, 1644)
NRS 179B.023 “Community notification website” defined. “Community notification website” means the
website on the Internet established and maintained by the Department pursuant
to NRS 179B.250.
(Added to NRS by 2005, 2867)
NRS 179B.025 “Convicted” defined. “Convicted”
has the meaning ascribed to it in NRS
179D.035.
(Added to NRS by 1999, 1288)
NRS 179B.030 “Crime against a child” defined. “Crime
against a child” has the meaning ascribed to it in NRS 179D.0357.
(Added to NRS by 1997, 1644; A 2007, 2754)
NRS 179B.040 “Department” defined. “Department”
means the Department of Public Safety.
(Added to NRS by 1997, 1644; A 2001, 2578)
NRS 179B.050 “Director” defined. “Director”
means the Director of the Department.
(Added to NRS by 1997, 1644)
NRS 179B.060 “Division” defined. “Division”
means the Division of Parole and Probation of the Department.
(Added to NRS by 1997, 1644)
NRS 179B.070 “Law enforcement officer” defined. “Law
enforcement officer” includes, but is not limited to:
1. A prosecuting attorney or an attorney
from the Office of the Attorney General;
2. A sheriff of a county or a sheriff’s
deputy;
3. An officer of a metropolitan police
department or a police department of an incorporated city;
4. An officer of the Division;
5. An officer of the Department of
Corrections;
6. An officer of a law enforcement agency
from another jurisdiction; or
7. 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, 1644; A 2001
Special Session, 225)
NRS 179B.073 “Offender” defined. “Offender”
means a sex offender or an offender convicted of a crime against a child.
(Added to NRS by 2003, 2829)
NRS 179B.075 “Offender convicted of a crime against a child” defined. “Offender convicted of a crime against a
child” has the meaning ascribed to it in NRS
179D.0559.
(Added to NRS by 1999, 1288; A 2007, 2754)
NRS 179B.090 “Record of registration” defined. “Record
of registration” has the meaning ascribed to it in NRS 179D.070.
(Added to NRS by 1997, 1645; A 2011, 220)
NRS 179B.100 “Requester” defined. “Requester”
means a person who requests information from the community notification
website.
(Added to NRS by 1997, 1645; A 2005, 2868)
NRS 179B.110 “Sex offender” defined. “Sex
offender” has the meaning ascribed to it in NRS 179D.400.
(Added to NRS by 1997, 1645)
NRS 179B.130 “Statewide registry” defined. “Statewide
registry” means the statewide registry of sex offenders and offenders convicted
of a crime against a child established within the central repository pursuant
to NRS 179B.200.
(Added to NRS by 1997, 1645)
NRS 179B.140 “Subject of the search” defined. “Subject
of the search” means the person about whom a requester seeks information.
(Added to NRS by 1997, 1645)
ESTABLISHMENT AND CONTENTS
NRS 179B.200 Establishment of registry; contents; search of registry by law
enforcement officer; access by other persons; contents deemed record of
criminal history for limited purposes.
1. The Director shall establish within the
Central Repository a statewide registry of sex offenders and offenders
convicted of a crime against a child that consists of the record of
registration for each such offender and all other information concerning each
such offender that is obtained pursuant to law.
2. The statewide registry must be
organized so that a law enforcement officer may search the records of
registration in the registry by entering certain search information, including,
but not limited to:
(a) A name, alias, physical description or
address of an offender.
(b) A geographic location where an offense was
committed.
(c) The age, gender, race or general physical
description of a victim.
(d) The method of operation used by an offender,
including, but not limited to:
(1) The specific sexual acts committed against
a victim;
(2) The method of obtaining access to a
victim, such as the use of enticements, threats, forced entry or violence
against a victim;
(3) The type of injuries inflicted on a
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 an offender.
3. Except as otherwise provided in this
subsection or by specific statute, information in the statewide registry may be
accessed only by a law enforcement officer in the regular course of the law
enforcement officer’s duties and officers and employees of the Central
Repository. The Director may permit the following persons to have access to
information in the statewide registry:
(a) Except as otherwise provided in chapter 179A of NRS or by specific statute, an
officer or employee of a governmental agency that is investigating the
background of a person for the purposes of employment.
(b) Any other person for the limited purposes of
research or statistical analysis.
4. Information contained in the statewide
registry, including, but not limited to, the record of registration of an
offender, shall be deemed a record of criminal history only for the purposes of
those provisions of chapter 179A of NRS
that are consistent with the provisions of this chapter.
(Added to NRS by 1997, 1645; A 1999, 1288)
COMMUNITY NOTIFICATION WEBSITE
NRS 179B.250 Establishment, maintenance and content of website; information
to be included with each inquiry; duties, authorizations and prohibitions of
Central Repository.
1. The Department shall establish and
maintain within the Central Repository a community notification website to
provide the public with access to certain information contained in the
statewide registry in accordance with the procedures set forth in this section.
2. The community notification website is
the source of record for information available to the public concerning
offenders listed in the statewide registry, and must:
(a) Be maintained in a manner that will allow the
public to obtain relevant information for each offender by a single query for
any given zip code or geographical radius set by the user;
(b) Include in its design all the search field
capabilities needed for full participation in the Dru Sjodin National Sex
Offender Public Website maintained by the Attorney General of the United States
pursuant to 42 U.S.C. § 16920;
(c) Include, to the extent practicable, links to
sex offender safety and education resources;
(d) Include instructions on how to seek
correction of information that a person contends is erroneous; and
(e) Include a warning that the information on the
website should not be used to unlawfully injure, harass or commit a crime
against any person named in the registry or residing or working at any reported
address and a notice that any such action could result in civil or criminal
penalties.
3. For each inquiry to the community
notification website, the requester may provide:
(a) The name of the subject of the search;
(b) Any alias of the subject of the search;
(c) The zip code of the residence, place of work
or school of the subject of the search; or
(d) Any other information concerning the identity
or location of the subject of the search that is deemed sufficient in the
discretion of the Department.
4. For each inquiry to the community
notification website made by the requester, the Central Repository shall:
(a) Explain the levels of registration and
community notification that are assigned to sex offenders pursuant to NRS 179D.010 to 179D.550, inclusive; and
(b) Explain that the Central Repository is
prohibited by law from disclosing certain information concerning certain
offenders, even if those offenders are listed in the statewide registry.
5. If an offender listed in the statewide
registry matches the information provided by the requester concerning the
identity or location of the subject of the search, the Central Repository shall
disclose to the requester information in the statewide registry concerning the
offender as provided pursuant to subsection 6.
6. After each inquiry to the community
notification website made by the requester, the Central Repository shall inform
the requester that:
(a) No offender listed in the statewide registry
matches the information provided by the requester concerning the identity or
location of the subject of the search;
(b) The search of the statewide registry has not
produced information that is available to the public through the statewide
registry; or
(c) An offender listed in the statewide registry
matches the information provided by the requester concerning the identity or
location of the subject of the search. Except as otherwise provided in
subsection 7, if a search of the statewide registry results in a match pursuant
to this paragraph, the Central Repository shall provide the requester with the
following information:
(1) The name of the offender and all
aliases that the offender has used or under which the offender has been known.
(2) A complete physical description of the
offender.
(3) A current photograph of the offender.
(4) The year of birth of the offender.
(5) The complete address of any residence
at which the offender resides or will reside.
(6) The address of any location where the
offender is or will be:
(I) A student, as defined in NRS 179D.110; or
(II) A worker, as defined in NRS 179D.120.
(7) The license plate number and a
description of any motor vehicle owned or operated by the offender.
(8) The following information for each
offense for which the offender has been convicted:
(I) The offense that was committed,
including a citation to and the text of the specific statute that the offender
violated.
(II) The court in which the offender
was convicted.
(III) The name under which the
offender was convicted.
(IV) The name and location of each
penal institution, school, hospital, mental facility or other institution to
which the offender was committed for the offense.
(V) The city, township or county
where the offense was committed.
(9) The tier level of registration and
community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.
(10) Any other information required by
federal law.
7. If a search of the statewide registry
results in a match pursuant to paragraph (c) of subsection 6, the Central
Repository shall not provide the requester with:
(a) The identity of any victim of a sexual
offense or crime against a child;
(b) Any information relating to a Tier I offender
unless the offender has been convicted of a sexual offense against a child or a
crime against a child;
(c) The social security number of the offender;
(d) The name of any location where the offender
is or will be:
(1) A student, as defined in NRS 179D.110; or
(2) A worker, as defined in NRS 179D.120;
(e) Any reference to arrests of the offender that
did not result in conviction;
(f) Any other information that is included in the
record of registration for the offender other than the information required
pursuant to paragraph (c) of subsection 6; or
(g) Any other information exempted from
disclosure by the Attorney General of the United States pursuant to federal
law.
8. A person may not use information
obtained through the community notification website as a substitute for
information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by
the Central Repository pursuant to NRS
179A.180 to 179A.240, inclusive,
or another provision of law.
9. The provisions of this section do not
prevent law enforcement officers, the Central Repository and its officers and
employees, or any other person from:
(a) Accessing information in the statewide
registry pursuant to NRS 179B.200;
(b) Carrying out any duty pursuant to chapter 179D of NRS; or
(c) Carrying out any duty pursuant to another
provision of law.
10. As used in this section, “Tier I
offender” has the meaning ascribed to it in NRS 179D.113.
(Added to NRS by 1997, 1646; A 1999, 1289; 2003, 2829, 2845; 2005, 2868; 2007, 2754; 2013, 372)
NRS 179B.270 Restrictions on use of information. Except
as otherwise authorized pursuant to specific statute, a person shall not use
information obtained from the community notification website for any purpose
related to any of the following:
1. Insurance, including health insurance.
2. Loans.
3. Credit.
4. Employment.
5. Education, scholarships or fellowships.
6. Housing or accommodations.
7. Benefits, privileges or services
provided by any business establishment.
(Added to NRS by 2005, 2867)
NRS 179B.280 Misuse of information: Civil liabilities. Any person who uses information obtained from
the community notification website in violation of the provisions of NRS 179B.250 or 179B.270
is liable:
1. In a civil action brought by or on
behalf of a person injured by the violation, for damages, attorney’s fees and
costs incurred as the result of the violation; and
2. In a civil action brought in the name
of the State of Nevada by the Attorney General, for a civil penalty not to
exceed $25,000 and for the costs of the action, including investigative costs
and attorney’s fees.
(Added to NRS by 2005, 2868)
NRS 179B.285 Criminal penalties for using information to commit crime. In addition to any civil liability provided
pursuant to NRS 179B.280, if any person uses
information obtained from the community notification website to commit a crime
punishable as:
1. A misdemeanor, the person is guilty of
a gross misdemeanor.
2. A gross misdemeanor, the person is
guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2007, 2754)
NRS 179B.290 Misuse of
information: Attorney General may file action for injunctive relief.
1. If there is reasonable cause to believe
that a person or group of persons has engaged in or is about to engage in any
act or practice, or any pattern of acts or practices, which involves the use of
information obtained from the community notification website and which violates
any provision of this section, NRS 179B.250, 179B.270 or 179B.280,
the Attorney General may file an action for injunctive relief in the
appropriate district court to prevent the occurrence or continuance of that act
or practice or pattern of acts or practices.
2. An injunction pursuant to this section:
(a) May be issued without proof of actual damage
sustained by any person; and
(b) Does not preclude or affect the availability
of any other remedy including, without limitation, the criminal prosecution of
a violator or the filing or maintenance of a civil action for damages or a
civil penalty pursuant to NRS 179B.280.
(Added to NRS by 2005, 2868)
LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION
NRS 179B.300 Prohibition on disclosing name of victim; immunity for Central
Repository and law enforcement agencies.
1. Information in the statewide registry,
including information in the community notification website, that is accessed
or disclosed pursuant to the provisions of this chapter must not reveal the
name of an individual victim of an offense.
2. The Central Repository 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 the statewide
registry; or
(b) The disclosure of or the failure to disclose
information in the statewide registry.
3. 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 pursuant to the provisions of this
chapter, including, but not limited to, an act or omission relating to:
(a) The accuracy of information obtained from the
statewide registry; or
(b) The disclosure of or the failure to disclose
information obtained from the statewide registry.
(Added to NRS by 1997, 1647; A 2005, 2870)
