USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 179C - REGISTRATION OF CONVICTED PERSONS
1. Except as otherwise provided in subsection 2, as used in this
chapter, unless the context otherwise requires, “convicted person” means:
(a) A person convicted in the State of Nevada or convicted in any
place other than the State of Nevada of two or more offenses punishable
as felonies.
(b) A person convicted in the State of Nevada of an offense
punishable as a category A felony.
(c) A person convicted in the State of Nevada or convicted in any
place other than the State of Nevada of a crime that would constitute a
category A felony if committed in this state on July 1, 2003.
2. For the purposes of this chapter, “convicted person” does not
include:
(a) A person who has been convicted of a crime against a child, as
defined in NRS 179D.210 , or a sexual
offense, as defined in NRS 179D.410 ;
or
(b) Except as otherwise provided in this chapter, a person whose
conviction is or has been set aside in the manner provided by law.
[1:123:1955]—(NRS A 1959, 216; 1963, 89; 1967, 519; 1971, 932;
1973, 1061; 1975, 1633; 1979, 322, 1019; 1981, 362, 1295, 1296; 1987,
703; 1991, 789, 2268; 1997, 1325, 1682; 1999, 435 ; 2003, 2688 )
REQUIREMENTS AND PROCEDURE
1. It is unlawful for a convicted person to be or remain in the
State of Nevada for a period of more than 48 hours without, during such
48-hour period, registering with the sheriff of a county or the chief of
police of a city in the manner prescribed in this section.
2. A convicted person who does not reside in the State of Nevada
but who has a temporary or permanent place of abode outside the State of
Nevada, and who comes into the State on five occasions or more during any
30-day period, is subject to the provisions of this chapter.
3. A person who has registered as a convicted person with the
sheriff of a county or the chief of police of a city shall register again
as provided in this section if he subsequently commits another offense
described or referred to in this chapter.
4. A person required by this section to register shall do so by
filing with the sheriff or chief of police a statement in writing, upon a
form prescribed and furnished by the sheriff or chief of police, which is
signed by the person and which provides the following information:
(a) His true name and each alias that he has used or under which he
may have been known;
(b) A full and complete description of his person;
(c) The kind, character and nature of each crime of which he has
been convicted;
(d) The place in which he was convicted of each crime;
(e) The name under which he was convicted in each instance and the
date thereof;
(f) The name, if any, and the location of each prison, reformatory,
jail or other penal institution in which he was confined or to which he
was sentenced;
(g) The location and address of his residence, stopping place,
living quarters or place of abode, and if more than one residence,
stopping place or place of abode, that fact must be stated and the
location and address of each given;
(h) The kind of residence, stopping place, or place of abode in
which he resides, including whether it is a private residence, hotel,
apartment house or other building or structure;
(i) The length of time he has occupied each place of residence,
stopping place or place of abode, and the length of time he expects or
intends to remain in the State of Nevada; and
(j) Any further information that may be required by the sheriff or
chief of police for the purpose of aiding and assisting in carrying into
effect the provisions and intent of this chapter.
5. The sheriff of a county or the chief of police of a city shall
not require a convicted person to carry a registration card, and no
convicted person who is required to register pursuant to this section may
be punished for the failure to carry a registration card.
6. When so ordered in the individual case by the district court in
which the conviction was obtained, by the State Board of Parole
Commissioners or by the State Board of Pardons Commissioners, whichever
is appropriate, the provisions of this section do not apply to a
convicted person who has had his civil rights restored.
[2:123:1955]—(NRS A 1969, 406; 1973, 1843; 1979, 1461; 1997, 1326;
2003, 2689 )
A convicted person, except a
nonresident, who is required to register under the provisions of this
chapter and who changes his place of residence, stopping place or place
of abode, shall, within 48 hours after the change, and a nonresident
mentioned in subsection 2 of NRS 179C.100 who has registered and who changes his place
of residence, stopping place or place of abode, shall, upon his next
entry into the State after the change, notify the sheriff or chief of
police of the change and furnish to the sheriff or chief of police the
address of his new residence, stopping place or place of abode by filing
with the sheriff or chief of police a written statement, upon a form
prescribed and furnished by the sheriff or chief of police, which is
signed by the person and which provides the following information:
1. His true name and each alias that he has used or under which he
may have been known;
2. The kind, character and nature of each crime of which he has
been convicted;
3. The place in which he was convicted of each crime;
4. The name under which he was convicted in each instance and the
date thereof; and
5. The location and address of his residence, stopping place,
living quarters or place of abode, and, if there is more than one, the
location and address of each residence, stopping place, living quarters
or place of abode.
[3:123:1955]—(NRS A 1997, 1327)—(Substituted in revision for NRS
207.100)
Each convicted
person, at the time of registering and furnishing the information
required by this chapter, shall be fingerprinted by the sheriff or chief
of police, who shall cause such fingerprints to be made a part of the
record required by this chapter.
[4:123:1955]—(Substituted in revision for NRS 207.110)
DISSEMINATION OF INFORMATION
Upon registering a convicted person pursuant to the
provisions of this chapter, a sheriff or a chief of police shall forward
all information concerning such registration to the Central Repository
for Nevada Records of Criminal History in the manner prescribed by the
Director of the Department of Public Safety.
(Added to NRS by 1997, 1325; A 2001, 2579 )
1. The statements and fingerprints provided for in this chapter
must at all times be kept by the sheriff or chief of police in a file
separate and apart from other files and records maintained and kept by
the sheriff or chief of police, and must not be open to inspection by the
public, or by any person other than a regular law enforcement officer.
2. Copies of those statements and fingerprints may be transmitted
to:
(a) The sheriff of any county in this state;
(b) The head of any organized police department of any municipality
in this state;
(c) The head of any department of the State of Nevada engaged in
the enforcement of any criminal law of this state;
(d) The Nevada Gaming Commission and State Gaming Control Board or
any successor thereto;
(e) The head of any federal law enforcement agency;
(f) Any sheriff or chief of police of a municipality; or
(g) The head of any other law enforcement agency in any state or
territory outside of this state, if a request is made in writing by such
sheriff or other head of a law enforcement agency asking for the record
of a certain person named therein, or for the record of a person whose
fingerprints reasonably correspond with fingerprints submitted with the
request, and stating that the record is deemed necessary for the use of
that law enforcement officer or agency in or concerning the investigation
of any crime, or any person who is accused of committing a crime, or any
crime which is reported to have been committed, and further stating that
the record will be used only for that purpose.
3. A sheriff or chief of police shall, upon the written request of
a county clerk or registrar of voters, furnish him with a list containing
the name and current address of the residence of each person required to
register pursuant to this chapter.
[5:123:1955]—(NRS A 1965, 1031; 1989, 2173)—(Substituted in
revision for NRS 207.120)
PROHIBITED ACTS AND PENALTIES
No person
required by any provision of this chapter to furnish a statement shall in
such statement give any false or fictitious address or any address other
than a true address or intended address, or furnish in the making of any
such report any false, untrue or misleading information or statement,
relating to any information required by any of the provisions thereof to
be made or furnished.
[6:123:1955]—(Substituted in revision for NRS 207.130)
The duty to furnish statements when and in the manner provided
by this chapter is hereby declared to be a continuing one, and for each
day that any person required under the provisions of this chapter to
furnish a statement fails to do so, such failure shall constitute a
separate offense; provided:
1. That no person may be convicted more than once on account of
violations occurring by reason of failure, on a series of days, to
furnish such statements; and
2. That nothing contained herein shall be deemed a bar to
subsequent prosecutions for violations of the provisions of this chapter
occurring subsequent to a prior conviction or acquittal of a violation
thereof.
[7:123:1955]—(Substituted in revision for NRS 207.140)
Any person violating the provisions of this
chapter is guilty of a misdemeanor.
[8:123:1955]—(NRS A 1967, 520)—(Substituted in revision for NRS
207.150)
