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2005 Nevada Revised Statutes - Chapter 179B — Statewide Registry of Sex Offenders and Offenders Convicted of a Crime Against a Child

CHAPTER 179B - STATEWIDE REGISTRY OF SEXOFFENDERS AND OFFENDERS CONVICTED OF A CRIME AGAINST A CHILD

GENERAL PROVISIONS

NRS 179B.010 Definitions.

NRS 179B.020 CentralRepository defined.

NRS 179B.023 Communitynotification website defined. [Effective July 1, 2006.]

NRS 179B.025 Convicteddefined.

NRS 179B.030 Crimeagainst a child defined.

NRS 179B.040 Departmentdefined.

NRS 179B.050 Directordefined.

NRS 179B.060 Divisiondefined.

NRS 179B.070 Lawenforcement officer defined.

NRS 179B.073 Offenderdefined.

NRS 179B.075 Offenderconvicted of a crime against a child defined.

NRS 179B.080 Programdefined. [Effective through June 30, 2006.]

NRS 179B.090 Recordof registration defined.

NRS 179B.100 Requesterdefined. [Effective through June 30, 2006.]

NRS 179B.100 Requesterdefined. [Effective July 1, 2006.]

NRS 179B.110 Sexoffender defined.

NRS 179B.130 Statewideregistry defined.

NRS 179B.140 Subjectof the search defined.

ESTABLISHMENT AND CONTENTS

NRS 179B.200 Establishmentof registry; contents; search of registry by law enforcement officer; access byother persons; contents deemed record of criminal history for limited purposes.

PUBLIC ACCESS TO CERTAIN INFORMATION

NRS 179B.250 Establishmentof program; information to be included with each inquiry; duties,authorizations and prohibitions of Central Repository. [Effective through June30, 2006.]

NRS 179B.250 Establishmentof community notification website; information to be included with eachinquiry; duties, authorizations and prohibitions of Central Repository.[Effective July 1, 2006.]

NRS 179B.270 Restrictionson use of information. [Effective July 1, 2006.]

NRS 179B.280 Misuseof information: Civil liabilities. [Effective July 1, 2006.]

NRS 179B.290 Misuseof information: Attorney General may file action for injunctive relief.[Effective July 1, 2006.]

LIMITATIONS ON LIABILITY AND THEDISCLOSURE OF INFORMATION

NRS 179B.300 Prohibitionon disclosing name of victim; immunity for Central Repository and lawenforcement agencies. [Effective through June 30, 2006.]

NRS 179B.300 Prohibitionon disclosing name of victim; immunity for Central Repository and lawenforcement agencies. [Effective July 1, 2006.]

_________

GENERAL PROVISIONS

NRS 179B.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS179B.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 CentralRepository defined. Central Repositorymeans the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 1997, 1644)

NRS 179B.023 Community notification website defined. [Effective July 1,2006.] Communitynotification website means the website on the Internet established andmaintained by the Department pursuant to NRS179B.250.

(Added to NRS by 2005, 2867)

NRS 179B.025 Convicteddefined. Convicted has the meaning ascribedto it in NRS 179D.035.

(Added to NRS by 1999, 1288)

NRS 179B.030 Crimeagainst a child defined. Crime against achild has the meaning ascribed to it in NRS179D.210.

(Added to NRS by 1997, 1644)

NRS 179B.040 Departmentdefined. Department means the Department ofPublic Safety.

(Added to NRS by 1997, 1644; A 2001, 2578)

NRS 179B.050 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1997, 1644)

NRS 179B.060 Divisiondefined. Division means the Division of Paroleand Probation of the Department.

(Added to NRS by 1997, 1644)

NRS 179B.070 Lawenforcement officer defined. Law enforcementofficer includes, but is not limited to:

1. A prosecuting attorney or an attorney from theOffice of the Attorney General;

2. A sheriff of a county or his deputy;

3. An officer of a metropolitan police department or apolice 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 anotherjurisdiction; or

7. Any other person upon whom some or all of thepowers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person isseeking information as part of a criminal investigation.

(Added to NRS by 1997, 1644; A 2001 Special Session,225)

NRS 179B.073 Offenderdefined. Offender means a sex offender or anoffender convicted of a crime against a child.

(Added to NRS by 2003, 2829)

NRS 179B.075 Offenderconvicted of a crime against a child defined. Offenderconvicted of a crime against a child has the meaning ascribed to it in NRS 179D.216.

(Added to NRS by 1999, 1288)

NRS 179B.080 Programdefined. [Effective through June 30, 2006.] Programmeans the program established within the Central Repository pursuant to NRS 179B.250 to provide the public withaccess to certain information contained in the statewide registry.

(Added to NRS by 1997, 1645; R 2005, 2890,effective July 1, 2006)

NRS 179B.090 Recordof registration defined. Record ofregistration means a record of registration that contains the informationrequired by NRS 179D.150.

(Added to NRS by 1997, 1645)

NRS 179B.100 Requesterdefined. [Effective through June 30, 2006.] Requestermeans a person who requests information from the program.

(Added to NRS by 1997, 1645)

NRS 179B.100 Requester defined. [Effective July1, 2006.] Requester means a person whorequests information from the community notification website.

(Added to NRS by 1997, 1645; A 2005, 2868,effective July 1, 2006)

NRS 179B.110 Sexoffender defined. Sex offender has themeaning ascribed to it in NRS 179D.400.

(Added to NRS by 1997, 1645)

NRS 179B.130 Statewideregistry defined. Statewide registry meansthe statewide registry of sex offenders and offenders convicted of a crimeagainst a child established within the central repository pursuant to NRS 179B.200.

(Added to NRS by 1997, 1645)

NRS 179B.140 Subjectof the search defined. Subject of thesearch means the person about whom a requester seeks information.

(Added to NRS by 1997, 1645)

ESTABLISHMENT AND CONTENTS

NRS 179B.200 Establishmentof registry; contents; search of registry by law enforcement officer; access byother persons; contents deemed record of criminal history for limited purposes.

1. The Director shall establish within the CentralRepository a statewide registry of sex offenders and offenders convicted of acrime against a child that consists of the record of registration for each suchoffender and all other information concerning each such offender that isobtained pursuant to law.

2. The statewide registry must be organized so that alaw enforcement officer may search the records of registration in the registryby entering certain search information, including, but not limited to:

(a) A name, alias, physical description or address ofan offender.

(b) A geographic location where an offense wascommitted.

(d) The method of operation used by an offender,including, but not limited to:

(1) The specific sexual acts committed against avictim;

(2) The method of obtaining access to a victim,such as the use of enticements, threats, forced entry or violence against avictim;

(3) The type of injuries inflicted on a victim;

(4) The types of instruments, weapons or objectsused;

(5) The type of property taken; and

(6) Any other distinctive characteristic of thebehavior or personality of an offender.

3. Except as otherwise provided in this subsection orby specific statute, information in the statewide registry may be accessed onlyby a law enforcement officer in the regular course of his duties and officersand employees of the Central Repository. The Director may permit the followingpersons to have access to information in the statewide registry:

(a) Except as otherwise provided in chapter 179A of NRS or by specific statute, anofficer or employee of a governmental agency that is investigating the backgroundof a person for the purposes of employment.

(b) Any other person for the limited purposes ofresearch or statistical analysis.

4. Information contained in the statewide registry,including, but not limited to, the record of registration of an offender, shallbe deemed a record of criminal history only for the purposes of thoseprovisions of chapter 179A of NRS that areconsistent with the provisions of this chapter.

(Added to NRS by 1997, 1645; A 1999, 1288)

PUBLIC ACCESS TO CERTAIN INFORMATION

NRS 179B.250 Establishmentof program; information to be included with each inquiry; duties,authorizations and prohibitions of Central Repository. [Effective through June30, 2006.]

1. The Department shall, in a manner prescribed by theDirector, establish within the Central Repository a program to provide thepublic with access to certain information contained in the statewide registry.The program may include, but is not limited to, the use of a secure website onthe Internet or other electronic means of communication to provide the publicwith access to certain information contained in the statewide registry if suchinformation is made available and disclosed in accordance with the proceduresset forth in this section.

2. For each inquiry to the program, the requester mustprovide:

(a) The name of the subject of the search;

(b) Any alias of the subject of the search;

(d) Any other information concerning the identity orlocation of the subject of the search that is deemed sufficient in thediscretion of the Department.

3. For each inquiry to the program, made by therequester, the Central Repository shall:

(a) Explain the levels of notification that areassigned to sex offenders pursuant to NRS179D.730; and

(b) Explain that the Central Repository is prohibitedby law from disclosing information concerning certain offenders, even if thoseoffenders are listed in the statewide registry.

4. If an offender listed in the statewide registrymatches the information provided by the requester concerning the identity orlocation of the subject of the search, the Central Repository:

(a) Shall disclose to the requester informationconcerning an offender who is assigned a Tier 3 level of notification.

(b) Except as otherwise provided in this paragraph,may, in the discretion of the Department, disclose to the requester informationconcerning an offender who is assigned a Tier 2 level of notification. TheCentral Repository shall not disclose to the requester information concerningan offender who is assigned a Tier 2 level of notification if the offender:

(1) Has been released from actual custody for 10years or more; and

(2) Has not been convicted of committing asexual offense during the immediately preceding 10 years.

(c) Shall not disclose to the requester informationconcerning an offender who is assigned a Tier 1 level of notification.

5. After each inquiry to the program made by therequester, the Central Repository shall inform the requester that:

(a) No offender listed in the statewide registrymatches the information provided by the requester concerning the identity orlocation of the subject of the search;

(b) The search of the statewide registry has notproduced information that is available to the public through the statewideregistry;

(c) The requester needs to provide additionalinformation concerning the identity or location of the subject of the searchbefore the Central Repository may disclose the results of the search; or

(d) An offender listed in the statewide registrymatches the information provided by the requester concerning the identity orlocation of the subject of the search. If a search of the statewide registryresults in a match pursuant to this paragraph, the Central Repository:

(1) Shall inform the requester of the name orany alias of the offender and the zip codes of the residence, work place andschool of the offender.

(2) Shall inform the requester of each offensefor which the offender was convicted, describing each offense in language thatis understandable to the ordinary layperson, and the date and location of eachconviction.

(3) Shall inform the requester of the age of thevictim and offender at the time of each offense.

(4) May, through the use of a secure website onthe Internet or other electronic means of communication, provide the requesterwith a photographic image of the offender if such an image is available.

(5) Shall not provide the requester with anyother information that is included in the record of registration for theoffender.

6. For each inquiry to the program, the CentralRepository shall maintain a log of the information provided by the requester tothe Central Repository and the information provided by the Central Repositoryto the requester.

7. A person may not use information obtained throughthe program as a substitute for information relating to the offenses listed insubsection 4 of NRS 179A.190 that mustbe provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provisionof law.

8. The provisions of this section do not prevent lawenforcement officers, the Central Repository and its officers and employees, orany other person from:

(a) Accessing information in the statewide registrypursuant to NRS 179B.200;

(b) Carrying out any duty pursuant to chapter 179D of NRS; or

(Added to NRS by 1997, 1646; A 1999, 1289; 2003, 2829, 2845)

NRS 179B.250 Establishment of communitynotification website; information to be included with each inquiry; duties,authorizations and prohibitions of Central Repository. [Effective July 1,2006.]

1. The Department shall establish and maintain withinthe Central Repository a community notification website to provide the publicwith access to certain information contained in the statewide registry inaccordance with the procedures set forth in this section.

2. For each inquiry to the community notificationwebsite, the requester must provide:

(a) The name of the subject of the search;

(b) Any alias of the subject of the search;

(d) Any other information concerning the identity orlocation of the subject of the search that is deemed sufficient in thediscretion of the Department.

3. For each inquiry to the community notificationwebsite made by the requester, the Central Repository shall:

(a) Explain the levels of notification that areassigned to sex offenders pursuant to NRS179D.730; and

(b) Explain that the Central Repository is prohibitedby law from disclosing information concerning certain offenders, even if thoseoffenders are listed in the statewide registry.

4. If an offender listed in the statewide registrymatches the information provided by the requester concerning the identity orlocation of the subject of the search, the Central Repository:

(a) Shall disclose to the requester informationconcerning an offender who is assigned a Tier 2 or Tier 3 level ofnotification.

(b) Shall not disclose to the requester informationconcerning an offender who is assigned a Tier 1 level of notification.

5. After each inquiry to the community notificationwebsite made by the requester, the Central Repository shall inform therequester that:

(a) No offender listed in the statewide registrymatches the information provided by the requester concerning the identity orlocation of the subject of the search;

(b) The search of the statewide registry has notproduced information that is available to the public through the statewideregistry;

(c) The requester needs to provide additionalinformation concerning the identity or location of the subject of the searchbefore the Central Repository may disclose the results of the search; or

(1) The name of the offender and all aliasesthat the offender has used or under which the offender has been known.

(2) A complete physical description of theoffender.

(3) A current photograph of the offender.

(4) The year of birth of the offender.

(5) The complete address of any residence atwhich the offender resides.

(6) The number of the street block, but not thespecific street number, of any location where the offender is currently:

(I) A student, as defined in NRS 179D.110; or

(II) A worker, as defined in NRS 179D.120.

(7) The following information for each offensefor which the offender has been convicted:

(I) The offense that was committed,including a citation to the specific statute that the offender violated.

(II) The court in which the offender wasconvicted.

(III) The name under which the offenderwas convicted.

(IV) The name and location of each penalinstitution, school, hospital, mental facility or other institution to whichthe offender was committed for the offense.

(V) The city, township or county where theoffense was committed.

(8) The tier level of notification assigned tothe offender.

6. If a search of the statewide registry results in amatch pursuant to paragraph (d) of subsection 5, the Central Repository shallnot provide the requester with any information that is included in the recordof registration for the offender other than the information required pursuantto paragraph (d) of subsection 5.

7. For each inquiry to the community notificationwebsite, the Central Repository shall maintain a log of the informationprovided by the requester to the Central Repository and the informationprovided by the Central Repository to the requester.

8. A person may not use information obtained throughthe community notification website as a substitute for information relating tothe offenses listed in subsection 4 of NRS179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provisionof law.

9. The provisions of this section do not prevent lawenforcement officers, the Central Repository and its officers and employees, orany other person from:

(a) Accessing information in the statewide registrypursuant to NRS 179B.200;

(b) Carrying out any duty pursuant to chapter 179D of NRS; or

(Added to NRS by 1997, 1646; A 1999, 1289; 2003, 2829, 2845; 2005, 2868,effective July 1, 2006)

NRS 179B.270 Restrictions on use of information. [Effective July 1, 2006.] Except as otherwise authorized pursuant to specificstatute, a person shall not use information obtained from the communitynotification 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 anybusiness establishment.

(Added to NRS by 2005, 2867)

NRS 179B.280 Misuse of information: Civil liabilities. [Effective July 1,2006.] Anyperson who uses information obtained from the community notification website inviolation of the provisions of NRS179B.250 or 179B.270 is liable:

1. In a civil action brought by or on behalf of aperson injured by the violation, for damages, attorneys fees and costsincurred as the result of the violation; and

2. In a civil action brought in the name of the Stateof Nevada by the Attorney General, for a civil penalty not to exceed $25,000and for the costs of the action, including investigative costs and attorneysfees.

(Added to NRS by 2005, 2868)

NRS 179B.290 Misuse of information: Attorney General may file action forinjunctive relief. [Effective July 1, 2006.]

1. If there is reasonable cause to believe that aperson or group of persons has engaged in or is about to engage in any act orpractice, or any pattern of acts or practices, which involves the use ofinformation obtained from the community notification website and which violatesany provision of this section, NRS179B.250, 179B.270 or 179B.280, the Attorney General may filean action for injunctive relief in the appropriate district court to preventthe occurrence or continuance of that act or practice or pattern of acts orpractices.

2. An injunction pursuant to this section:

(a) May be issued without proof of actual damagesustained by any person; and

(b) Does not preclude or affect the availability of anyother remedy including, without limitation, the criminal prosecution of aviolator or the filing or maintenance of a civil action for damages or a civilpenalty pursuant to NRS 179B.280.

(Added to NRS by 2005, 2868)

LIMITATIONS ON LIABILITY AND THE DISCLOSURE OF INFORMATION

NRS 179B.300 Prohibitionon disclosing name of victim; immunity for Central Repository and lawenforcement agencies. [Effective through June 30, 2006.]

1. Information in the statewide registry that isaccessed or disclosed pursuant to the provisions of this chapter must notreveal the name of an individual victim of an offense.

2. The Central Repository and its officers andemployees are immune from criminal or civil liability for an act or omissionrelating to information obtained, maintained or disclosed pursuant to theprovisions of this chapter, including, but not limited to, an act or omissionrelating to:

(a) The accuracy of information in the statewideregistry; or

(b) The disclosure of or the failure to discloseinformation in the statewide registry.

3. A law enforcement agency and its officers andemployees are immune from criminal or civil liability for an act or omissionrelating 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 thestatewide registry; or

(b) The disclosure of or the failure to discloseinformation obtained from the statewide registry.

(Added to NRS by 1997, 1647)

NRS 179B.300 Prohibition on disclosing name ofvictim; immunity for Central Repository and law enforcement agencies.[Effective July 1, 2006.]

1. Information in the statewide registry, includinginformation in the community notification website, that is accessed ordisclosed pursuant to the provisions of this chapter must not reveal the nameof an individual victim of an offense.

(a) The accuracy of information in the statewideregistry; or

(b) The disclosure of or the failure to discloseinformation in the statewide registry.

(a) The accuracy of information obtained from thestatewide registry; or

(b) The disclosure of or the failure to discloseinformation obtained from the statewide registry.

(Added to NRS by 1997, 1647; A 2005, 2870,effective July 1, 2006)

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