Nevada Revised Statutes Section 179D.270 - Procedure in Criminal Cases

Duration of duty to register; termination of duty; procedure; exceptions.

1. An offender convicted of a crime against a child shall comply with the provisions for registration for as long as the offender resides or is present within this state or is a nonresident offender who is a student or worker within this state, unless the duty of the offender to register is terminated pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 5, if an offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the offender may file a petition to terminate his duty to register with the district court in whose jurisdiction he resides or, if he is a nonresident offender, in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the Central Repository establishes a record of registration for the offender or the date that the offender is released, whichever occurs later.

3. If the offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the offender to register.

4. If the court does not terminate the duty of the offender to register after a petition is heard pursuant to subsections 2 and 3, the offender may file another petition after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.

5. An offender may not file a petition to terminate his duty to register pursuant to this section if the offender:

(a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931 as a sex offender;

(b) Has been declared to be a sexually violent predator, as defined in NRS 179D.430; or

(c) Has been convicted of:

(1) One or more sexually violent offenses, as defined in NRS 179D.420;

(2) Two or more sexual offenses, as defined in NRS 179D.410, against persons less than 18 years of age;

(3) Two or more crimes against a child; or

(4) At least one of each offense listed in subparagraphs (2) and (3).

Last modified: February 25, 2006