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Limitations on Liability

Las Vegas Defense Lawyer Explains Limitations on Liability for Disclosure of Information?

Nevada collects a lot of information in connection with sexual offenses. Chapter 179D of Nevada’s code of criminal procedure details the circumstances under which convicted sexual offenders must provide their information, including finger prints and palm prints, photographs, and details about exactly where they live and exactly where they work.

An extensive amount of information about sexual offenders and sex crimes is kept in the state of Nevada’s Central Repository, which is a big centralized database of records that maintains all different sorts of information not only about sex offenders and about those convicted of crimes against children but also about others who have been found guilty of felony offenses and who are required to register as convicted persons.

The information within the Central Repository has all kinds of very personal details about sex offenders, and also has information about the victim’s appearance, age, and other traits. The repository even details the means by which a defendant committed a crime and the nature of the offense committed, including not only the laws broken but also how the offender was able to commit the crime, what damage the offender did, and what weapons were used.

Because much of the information in the Central Repository contains sensitive and personal details, there are some restrictions on who can access certain types of information and how certain kinds of information are used. While these restrictions can be important to protect peoples’ rights, the state of Nevada also does not want liability to be imposed for the inadvertent disclosure of information that should be kept confidential, such as the name of a victim. Nevada addresses the potential for liability for the release of information in N.R.S. 179D.850.

It is important to understand exactly what the rules are for the release of information in Nevada’s Central Repository, especially if you are a convicted offender and you want to know what will happen to your records. LV Criminal Defense offers assistance not only to defendants accused of sexual offenses who want to avoid registration, but also to offenders who have been found guilty of offenses and who want to protect their rights. To learn more about how a Las Vegas defense lawyer can help you, whatever the stage of your involvement with the criminal justice system, give us a call today.

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Immunity from Liability for Releasing Information

According to N.R.S. 179D.850, information that is released in accordance with Nevada’s rules on sex offender registration should not include the name of a victim. This means if information is provided about a sex offender or about someone who committed a crime against a child, the details about the name of the victim should not be included in that release of information. This law exists to try to protect victims of sexual offenses as well as child victims who may not want the fact that they were harmed by a certain type of crime to become public knowledge.

Although the identity of a victim should not be revealed when information about sex offenders are revealed, this does not mean that a law enforcement agency, its employees, the Central Repository, and others who might have information could be in legal jeopardy if they fail to comply with confidentiality rules or limits on sharing information. N.R.S. 179D.850 makes clear that law enforcement agencies, officers, the Central Repository, all of its officers and employees, and campus police departments and their officers or employees are all immune from criminal liability or immune from civil liability related to acts or omissions when making disclosures or sharing information.

Under N.R.S. 179D.850, the listed agencies and individuals enjoy immunity from criminal and civil prosecution related to the accuracy or inaccuracy of released information as well as the disclosure of information. In other words, whether they accidentally disclose something that they should not or whether they accidentally disclose or provide inaccurate information, law enforcement agencies, campus police, and those affiliated with the Central Repository cannot face legal consequences associated with their disclosures.

The Immunity ensures that there are no real consequences if information that should not be revealed is accidentally revealed. This can be bad news for those whose records are in the Central Repository because they are required to register and required to provide their personal details. You want your information to be safeguarded as much as possible when you are required to give it to a government agency – especially if the information is something that you provide in connection with your conviction for a serious criminal offense in Nevada.

You want the rules to be followed associated with the use of your information and you want any limits to be enforced when it comes to access to your information. Since the law provides relief from both civil and criminal liability for the improper disclosure of information, and even for the disclosure of inaccurate information, there is a bigger risk that information will be revealed that should not be revealed. If you are damaged as a result of this, you will not have legal recourse.

You need to understand what your rights actually are as well as important limitations on your rights. As a registered offender, the limitations on your rights can make life more difficult for you so you want a legal advocate on your side helping to protect the rights that you do have.

Getting Help from a Las Vegas Defense Lawyer

A Las Vegas defense lawyer at LV Criminal Defense will be there for you at every step to help you try to understand your rights when you have been accused of a sex offense or if you have been made to register as a sex offender after your conviction. We know Nevada’s laws on sex offender registration inside and out and the advice that we can offer you is invaluable when it comes to protecting your future. To find out more about how we can represent you and fight for you at all stages of your case, whether pre-conviction or post-conviction, give us a call today.

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