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Reporting And Data

Sexual Offense Against a Child

Latest Update: August 11, 2020
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Reporting Information

A person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall report to a law enforcement agency. Note: You do not need to make a duplicate report if you already reported under NRS 432B.220.

Responsible Party

Who Must Report?

Any person (NRS 202.882)

Deadlines

When Do I Report?

As soon as reasonably practicable, but not later than 24 hours after the person knows or has reasonable cause to believe that the other person has committed the violent or sexual offense against the child.

Method

How Do I Report?

Law enforcement agency

Benefit/Penalty

Why Should I Report?

 NRS 202.885  Limitation on prosecution or conviction for failure to report.

      1.  A person may not be prosecuted or convicted pursuant to NRS 202.882 unless a court in this State or any other jurisdiction has entered a judgment of conviction against a culpable actor for:

      (a) The violent or sexual offense against the child; or

      (b) Any other offense arising out of the same facts as the violent or sexual offense against the child.

      2.  For any violation of NRS 202.882, an indictment must be found or an information or complaint must be filed within 1 year after the date on which:

      (a) A court in this State or any other jurisdiction has entered a judgment of conviction against a culpable actor as provided in subsection 1; or

      (b) The violation is discovered,

whichever occurs later.

      3.  For the purposes of this section:

      (a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.

      (b) “Convicted” and “conviction” mean a judgment based upon:

             (1) A plea of guilty, guilty but mentally ill or nolo contendere;

             (2) A finding of guilty or guilty but mentally ill by a jury or a court sitting without a jury;

             (3) An adjudication of delinquency or finding of guilty or guilty but mentally ill by a court having jurisdiction over juveniles; or

             (4) Any other admission or finding of guilty or guilty but mentally ill in a criminal action or a proceeding in a court having jurisdiction over juveniles.

      (c) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:

             (1) The court has imposed a sentence, a penalty or other sanction for the conviction; or

             (2) The person has exercised any right to appeal the conviction.

      (d) “Culpable actor” means a person who:

             (1) Causes or perpetrates an unlawful act;

             (2) Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate an unlawful act; or

             (3) Is a principal in any degree, accessory before or after the fact, accomplice or conspirator to an unlawful act.

      (Added to NRS by 1999, 3523; A 2003, 14832007, 1440)

NRS 202.891  Immunity from civil or criminal liability; presumption that report was made in good faith.

      1.  If a person who is required to make a report pursuant to NRS 202.882 makes such a report in good faith and in accordance with that section, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.

      2.  If a person is not required to make a report pursuant to NRS 202.882 and the person makes such a report to a law enforcement agency in good faith, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.

      3.  For the purposes of this section, if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to NRS 202.882, the person is presumed to have made the report in good faith unless the person is being prosecuted for a criminal violation, including, without limitation, a violation of the provisions of NRS 207.280.

      (Added to NRS by 1999, 3524)

Authority

The legal mandate requiring reporting

NRS 202.882  Duty to report violent or sexual offense against child 12 years of age or younger; penalty for failure to report; contents of report.

      1.  Except as otherwise provided in NRS 202.885 and 202.888, a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall:

      (a) Report the commission of the violent or sexual offense against the child to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the other person has committed the violent or sexual offense against the child.

      2.  A person who knowingly and willfully violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  A report made pursuant to this section must include, without limitation:

      (a) If known, the name of the child and the name of the person who committed the violent or sexual offense against the child;

      (b) The location where the violent or sexual offense was committed; and

      (c) The facts and circumstances which support the person’s belief that the violent or sexual offense was committed.

      (Added to NRS by 1999, 3523)

Notes

Any other pertinent information

NRS 202.894  Report deemed report of abuse or neglect of child made pursuant to NRS 432B.220 or report of commercial sexual exploitation of child made pursuant to NRS 432C.110.  If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to NRS 202.882, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, or the commercial sexual exploitation, as defined in NRS 432C.050, of a child, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 or a report of the commercial sexual exploitation of a child that has been made pursuant to NRS 432C.110, as applicable, and:

      1.  The appropriate agencies shall act upon the report pursuant to chapter 432B or 432C of NRS, as applicable; and

      2.  The report may be used in the same manner as other reports that are made pursuant to NRS 432B.220 or 432C.110.

      (Added to NRS by 1999, 3525; A 2019, 1935)

See Also: Child Abuse/Neglect (NRS432B)

 

DISCLAIMER
Although many of these requirements apply to individual medical professionals and other types of hospitals and health care facilities, the information is presented solely to support Critical Access Hospitals. The reporting requirements and legal mandates on this site are not an exhaustive list and Nevada Rural Hospital Partners, Inc. bears no responsibility or liability for any hospitals' or providers' failure to comply with Federal or State laws or regulations.