“Tier 2” Sex Offenders in Nevada – What You Need to Know

Tier 2 of Nevada’s Sex Offender Registry is the second-most serious classification and applies to sex crimes against victims under the age of 18. People in Tier 2 (a) must register as sex offenders for 25 years, and (b) must personally check in with law enforcement every 180 days.

Defendants are assigned Tier II status after being convicted of crimes such as:

• child abuse (NRS 200.508) involving sexual abuse or sexual exploitation of a child at least 13 years old;
• sex trafficking (NRS 201.300) (formerly known as pandering); or
• child pornography

Failing to register as a sex offender (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. “Tier II Sex Offender” Defined
• 2. Length of Registration
• 3. Public Searches
• 4. Tier II Crimes
• 5. Failing to Register
• 6. Early Termination of Registration
• Additional Reading

Also see our articles on Tier I offenders (NRS 179D.113) and Tier III offenders (NRS 179D.117).

1. “Tier II Sex Offender” Defined

Tier 2 is the middle category of sex offenders in Nevada. Defendants convicted of certain crimes against children are classified as Tier II offenders.¹

While Nevada followed Megan’s Law before 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. Length of Registration

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:

1. Register with the local police department within 48 hours of getting released from prison or jail;
2. Notify the local police department within 48 hours of a change of name, residence, address, employment, or student status;
3. Notify the local police department when a stay that was originally reported as less than 30 days gets extended; and
4. Complete a yearly verification form (which includes a photograph and fingerprints)⁵

Finally, convicted sex offenders who wish to keep their driver’s license must renew it once a year.⁶

3. Public Searches

Tier 2 offenders are publicly searchable on the Nevada Sex Offender Registry database. The public may search through four different search fields:

1. first and/or last name;
2. zip code;
3. within one, two, or three miles of a specific address; or
4. license plate number

All Tier 2 offenders have the following information about them made public:

• name and known aliases;
• date of birth;
• gender;
• primary address and other addresses (such as employer or school);
• physical description (race, height, weight, hair color, eye color, scars, tattoos, other marks);
• photographs;
• 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

Under NRS 179D.115, Tier 2 offenses comprise any of the following if the victim is under 18 years old:

• luring (NRS 201.560) (if punished as a 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 (NRS 200.710)
  • promoting a sexual performance of a child (NRS 200.720)
  • advertising or distributing child pornography (NRS 200.725)
  • controlling the internet to watch child pornography (NRS 200.727)
  • possessing child pornography (NRS 200.730);
• any offense comparable or more severe than those described in 42 U.S.C. § 16911(3); and
• an attempt (NRS 193.330) or 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:

1. false imprisonment (NRS 200.460) of a child (or an attempt to commit this crime); and
2. involuntary servitude (NRS 200.4631) of a child (or an attempt to commit this crime)

According to the U.S. Department of Justice’s review of Nevada sex offender law, Tier 2 offenses also include:

• incest (NRS 201.180) if the victim is 16 or 17 years old;
• lewdness with a child (NRS 201.230) aged 14 or 15 years old; and
• sexual conduct between school employees and pupils (NRS 201.540); and
• 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. Failing to Register

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 1 – 4 years in Nevada State Prison up to $5,000 (at the judge’s discretion) The judge may grant probation in lieu of incarceration.
Second or subsequent offense (within 7 years of the first)	Category C felony 1 – 5 years in prison up to $10,000 (at the judge’s discretion) 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. Early Termination of Registration

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

Additional Reading

For more in-depth information, refer to the following:

• The Evolution of Unconstitutionality in Sex Offender Registration Laws – Hastings Law Journal.
• The Influence of Sex Offender Registration and Notification Laws in the United States: A Time-Series Analysis – Crime & Delinquency.
• Collateral Consequences of Sex Offender Registration – Journal of Contemporary Criminal Justice.
• Do Sex Offender Registration and Notification Laws Affect Criminal Behavior? – Journal of Law and Economics.
• Public and Professional Views of Sex Offender Registration and Notification – Criminology, Criminal Justice Law & Society.

---

Legal References