Nevada has laws in place to protect the public, including many rules and regulations found in Chapter 202 of Title 15. Within Chapter 202, offenses against public health and safety are defined and there are different subcategories of crimes, such as a category related to alcohol offenses and a category related to explosives.
Within Chapter 202, there also a section devoted to the protection of children. The laws that are in place ensure that certain offenses against children are reported and impose penalties for failure to make reports when an individual is legally mandated to do so.
If you have been accused of violating the law by failing to report offenses against children, you should reach out to LV Criminal Defense for help. Our Nevada criminal defense attorneys can provide you with representation and advice as you respond to the allegations against you and work to avoid penalties and protect your reputation. To find out more about how our firm can assist you when you’ve been accused of failing to report offenses against children or when you have been accused of other violations of Chapter 202, give us a call today.
The subsection of Chapter 202 that relates to reporting offenses against children includes Nevada Revised Statutes section 202.870 through Nevada Revised Statutes section 202.894. Within this subsection of the law, there are statutes which:
• Define the relevant words used within the laws mandating reporting of offenses related to children.
• Define law enforcement agency for purposes of laws on reporting offenses against children.
• Define violent or sexual offense for purposes of laws on reporting offenses against children
• Explain what “reasonable cause to believe” means for purposes of reporting requirements.
• Define what “as soon as practicable” means for purposes of reporting requirements.
• Establish the authorized manner for making reports and communicating information.
• Create an obligation to report violent or sexual offenses against a child who is 12 years of age or younger and impose penalties for failure to report.
• Establish limitations on the circumstances under which a person can be prosecuted or convicted for failure to report a crime against a child 12 or younger.
• Exempt certain people from the duty to report.
• Establish a rule that those who make reports are generally immune from prosecution and establishing a presumption that reports are made in good faith.
Within each of these statutes is specific information that determines when a defendant can be convicted of violating the law. For example, N.R.S. 202.882 indicates that except as otherwise specified within the relevant subsection of Chapter 202, any person who knows or who has reasonable cause to believe another person has committed a violent act or sexual offense against a child who is 12 or under should report the offense to a law enforcement agency.
The statute specifies that those who know of sexual or violent acts against a child aged 12 or under should make the report as soon as is reasonably practicable but no later than 24 hours after becoming aware of the violence or sexual offense or no later than 24 hours after having reasonable cause to believe an offense has been committed.
Required reports under N.R.S. 202.882 must include the name of the child who was allegedly victimized as well as the name of the person who allegedly committed the violent offense or sexual offense, if the name of the abuser is known. The report should also include the location where the offense was committed and details about the facts or the circumstances that caused the person who is reporting the incident to believe a violent or a sexual offense was committed.
Under N.R.S. 202.882, those who become aware of sexual or violent acts against a child but who do not report those acts as soon as it is reasonably practical to do so can be charged with a misdemeanor criminal offense.
However, N.R.S. 202.885 establishes certain limitations on circumstances when a person can be prosecuted or convicted under N.R.S. 202.882 According to the relevant statute, an individual can be prosecuted or convicted for failure to report a sexual offense or violent offense against a child who is 12 or under only if a court has entered a judgement of conviction against a culpable actor who committed the offense against the child or who committed any related offense arising out of the same facts as the violent or sexual offense.
The prosecutor also must bring charges for failure to report within one year of the time of discovering that the defendant violated N.R.S. 202.882 or within one year of the time that a court has entered a judgement of conviction against a culpable actor who committed the offense against the child.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
A Nevada criminal defense lawyer at LV Criminal Defense can provide representation if you have been accused of failing to report a sexual offense or a violent offense that allegedly occurred involving a child. We will work with you to determine the nature of the evidence against you, the possible defenses to the accusation that you broke the law, and the options that are available to you for responding to serious accusations.
Having a misdemeanor on your criminal record could impact your life in many different ways, making it harder for you to get a job and potentially interfering with educational opportunities. You could also face fines, jail time, and other penalties based on a misdemeanor conviction.
You want to ensure you do everything possible to get acquitted or to get a favorable plea arrangement with limited penalties or reduced charges. Our compassionate and knowledgeable legal team can help you to make strategic decisions as you navigate the criminal justice system, so give us a call today to find out how we can help you.