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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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if you have a prior misdemeanor sex offence in WA state (1995

Customer Question

if you have a prior misdemeanor sex offence in WA state (1995 RCW 9.68A.090, No registration ordered by judge) can NV state charge you with a felony Failure to register as a sex offender, and send you to prison for 3 yrs.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  MyraB replied 4 years ago.

MyraB :

Hi. It will be my pleasure to assist you with your question today.

Expert:  MyraB replied 4 years ago.

Thank you for requesting me. I'll check this out and get right back to you.

Expert:  MyraB replied 4 years ago.

Sorry that took a while. NV has one of the strictest registration laws that I've seen.

Nevada law NRS 179D.460 requires that each offender or sex offender who, after July 1, 1956, is or has been convicted of a crime against a child or a sexual offense shall register with a local law enforcement agency pursuant to the provisions of the section, basically within 48 hours after arriving or establishing a residence. The section requires only that the offender be present in the state for 48 hours to be deemed a resident offender or sex offender.

Under NRS 179D.210 a “Crime against a child” means any of the following offenses if the victim was under 18 when the offense was committed:

(1) kidnapping, unless the offender is the parent of the victim;

(2) false imprisonment, unless the offender is the parent of the victim;

(3) an offense involving pandering or prostitution;

(4) an attempt to commit an offense listed in (1) through (3) above;

(5) an offense committed in another jurisdiction that, if committed in Nevada, would be a crime against a child;

(6) an offense against a child committed in another jurisdiction, whether or not the offense is listed in (1) through (5) above, if the offender resides or has resided or is or has been a student or worker in any jurisdiction in which he or she has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense.

Because the misdemeanor WA offense might be considered both a “crime against a child” and a sexual offense then registration would be required.

Also, it would seem that if the person were required to register in any state between the conviction in WA and the entry into Nevada, the person would be required to register in Nevada within 48 hours.

For a first offense the failure to register is a category D felony punishable by a minimum of 1, not more that 4 years in state prison, and a fine up to $5000., probation is available.

Please feel free to ask any follow up questions.