Vegas Criminal Lawyer Explains Sex Offense Criminal Process

Sex offenses and offenses against children are treated differently under Nevada law than many other crimes. There are various provisions of the Nevada criminal procedure code which set forth some of the key differences in consequences for offenses considered sex crimes. In addition to rules set forth in Chapter 179D of the Nevada Revised Statute, which relates specifically to the registration of sex offenders, there are also statutes found in Chapter 176 of the Nevada criminal procedure code. Chapter 176 is entirely devoted to explaining how judgments are carried out after conviction.

Understanding how Nevada laws treat offenders who committed crimes against children or sex crimes is extremely important if you accused of a crime that could be considered a sex offense or if you are accused of having an underaged victim. A Las Vegas criminal defense lawyer can help you to understand what the definition of a sexual offense is and what it means for you if you are convicted of a crime within this category. We also provide advice on the definition of a crime against a child and the implications of a conviction of a crime with a child victim.

Any criminal charges have the power to change your life, but sex offenses and crimes against a child can have some of the most profound lifelong impacts because of the potential that you will be included in a central repository or registry of offenders. You need to fight aggressively to try to avoid being convicted and LV Criminal Defense will help. Give us a call today to speak with a Las Vegas criminal defense lawyer who has the knowledge, skills and experience necessary to assist you with trying to avoid harsh penalties and permanent damage to your reputation.

What is a Sexual Offense or a Crime Against a Child?

Because there are reporting requirements and other consequences associated with being convicted of a crime against a child, it is important to know exactly what the definition of this type of offense is.

There are several different laws in Nevada that you must look to in order to understand these definitions.

For example, N.R.S. 176.0925 defines a “sexual offense” to include the offenses described in N.R.S. 179D.097. These offenses include:

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  • First-degree murder offenses were motivated by sexual acts that were committed on someone under 14, someone who could not give consent, or someone who did not give consent.
  • Statutory sexual seduction as defined in N.R.S. 2000.368. Statutory sexual seduction includes sexual acts committed by someone over 18 with someone under age 16.
  • Battery with the intent to commit sexual assault.
  • Drugging someone to commit any type of sex crimes or to assist in the commission of sex crimes.
  • Sexual abuse or sexual exploitation of a minor.
  • Offenses related to child pornography.
  • Incest
  • Open or gross lewdness or lewdness with a child
  • Indecent or obscene exposure
  • Sexual penetration of someone who is dead
  • Sexual penetration between certain school employees or volunteers and students
  • Sex trafficking offenses
  • Certain other offenses with an element involving sexual acts or sexual conduct
  • Any attempts to commit any type of sex crimes

The definition of a crime against a child, on the other hand, is found in N.R.S. 176.0923. This definition states that a crime against a child includes offenses described in N.R.S. 179D.0357. Offenses which are considered a crime against a child include:

  • The kidnapping of someone under 18 by someone who is not a parent or a guardian.
  • False imprisonment of someone under 18 by someone who is not a parent or guardian
  • Sex trafficking or prostitution offenses when the victim is under 18
  • Making an attempt to commit one of these offenses.

If you are charged with or convicted of offenses that fall within any of these different categories, you must understand the implications associated with sex crimes and crimes against children.

What Happens if You’re Convicted of Sex Crimes?

If you are convicted of a sex crime, N.R.S. 176.0927 indicates that notice of this conviction must be provided to the Central Repository in Nevada. The Central Repository is defined in N.R.S. 176.0922 as the Central Repository for Nevada Records of Criminal History. Essentially, it is a massive statewide database that keeps criminal records on file.

When the Central Repository is notified, it will move forward with required sex offender registration, as mandated by Nevada law. The defendant has to be informed of his duty to register as part of the notice of his conviction. He must be told exactly what the registration requirements are, including a mandate to register any time he is within the state of Nevada and a mandate to comply with sex offender registration requirements in any other state in which he resides.

The defendant also has to be informed of his responsibilities to notify local law enforcement agencies if he changes his residence or address; if he expects to become enrolled in an institution of higher learning or changes his enrollment or graduation status; or if he expects to begin working in higher education. The defendant has to sign a form stating he has been made aware of the requirements of registration. However, whether this notice is provided or not does affect the requirements of the defendant to comply with Nevada sex offender registry rules.

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What Happens if You’re Convicted of An Offense Against a Child?

N.76.R.S. 10926 explains that when a defendant is convicted of a crime against a child, a notice of his conviction has to be provided to the Central Repository in Nevada. Like sex offenders, those convicted of a crime against a child must also be notified of registration requirements, including the duty to register in Nevada and other jurisdictions and the duty to notify local law enforcement about a move or about plans to enroll or get a job in an institute of higher education.

Getting Help from a Las Vegas Defense Lawyer

Requirements imposed upon individuals convicted of sex crimes or crimes against children can be burdensome and onerous. You need to fight conviction for these offenses and must understand your responsibilities if you are found guilty. LV Criminal Defense can help.

To learn more about the ways in which we can assist you when you’ve been charged with a crime that could require registration, give us a call today to speak with an experienced Vegas defense lawyer.