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ACSOL’s Online EPIC Conference: Empowered People Inspiring Change Sept 17-18, 2021


NV: Bill would exempt more crimes from sex offender registration

CARSON CITY, Nev. (AP) – Nevada lawmakers are considering a bill that would exempt more people from registering as sex offenders.

Members of the Assembly Judiciary Committee reviewed AB208 on Tuesday. The measure would only require someone to register as a sex offender if they’ve been convicted of a felony sex crime, not a misdemeanor or gross misdemeanor. Full Article

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I haven’t read the content of this bill. However, judging from the AP Article, it sounds like it makes sense! Nevada was smart to set aside the Adam Walsh Act. They have a tiered registry. That’s a state moving in the right direction! I hope CA and others will follow.

The AWA actually calls for tiers…they’re just way over the top. This is a great, yet simple bill, that adds the wording “as a felony” to require registration.has a lot of co-sponsor already, I just hope it doesn’t get bogged down with amendments to ruin it. Calling my assemblyman today to talk about it.

This is a very good start. The bill is less than four pages and simply puts the phrase “if punished as a felony” in front of the definition and list of sex offenses. It includes out-of-state offenses requiring registration in the state of conviction as well. So all out-of-state misdemeanor offenses are exempt as sex offenses if this bill passes. There are 26 sponsors in the assembly, most of which are republicans. Let’s hope this bill gets passed and signed into law, but don’t hold your breath.

Wonder what this means for Courts-Martial? Title 10 of the US Code does not define courts-martial offenses as felonies or misdemeanors. No court can change that, by adding wording to the law. Any re-write could not be applied retroactively as it would increase the severity of the crime. When we get out of military confinement, the transition personnel make it a point to tell us we don’t have felonies, our crimes are undefined – so technically we can say no to felony status on job applications and not be at fault.

John Doe, my interpretation is that if the punishment was equivalent to a felony in Nevada, then the offense would apply. That is my plain reading of the bill as it stands. So if the sentence to jail was a year or less, then it would not qualify as a felony. The language says “if punished as a felony”. Though like most poorly drafted legislation, it is never as clear as it should ne. It is a little ambiguous, but I do believe this is a good start in the right direction. There are both assembly members and senators who… Read more »

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