Nevada Supreme Court Clarifies Sex Registration Law
Last month the Nevada Supreme Court held that someone who's convicted of a sex offense in another state and who then relocates to Nevada may still be required to register as a sex offender in Nevada even if the original state no longer requires registration. Judge Cherry explained that the Full Faith and Credit Clause doesn't force Nevada to abide by another state's rules in matters of protecting its citizenry. Therefore someone who neglects to register as a sex offender in Nevada may then be prosecuted for the Nevada crime of failure to register as a sex offender even if the state where the crime was committed lifted the original registration requirement.
The Nevada crime of failure to register as a sex offender makes it illegal to do the following: To fail to register with a local law enforcement agency within 48 hours of being released from custody; to fail to notify the police of any change of name/address/employment or student status within 48 hours of the change; to fail to complete the annual verification form; or to provide misleading or erroneous information to the police or Nevada Central Repository. It doesn't matter whether the defendant willfully defied a court order or merely forgot to follow the order--both are viewed as equally unlawful. Typical defenses to this crime include human error, false allegations, and that there was no order to register.
The penalties for the Nevada crime of failure to register as a sex offender are very serious. A first offense is a category D felony carrying one to four years in prison and maybe up to $5,000 in fines. A subsequent offense is a category C felony carrying one to five years in prison and up to $10,000 in fines. The judge may grant probation for a first offense but not a subsequent one.
To read the case go to: http://www.nevadajudiciary.us/index.php/advancedopinions/1072-donlan-v-state-
